Michigan Administrative Code — Department of Labor and Economic Opportunity

Michigan Housing Development Authority Michigan Housing Development Authority

R 125.101 to R 125.227 State Housing Development Authority General Rules

Mich. Admin. Code R 125.101 Definitions; A, C {#sec-r-125.101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

STATE HOUSING DEVELOPMENT AUTHORITY

GENERAL RULES

(By authority conferred on the state housing development authority by sections 15a, 22, and 58b of the state housing development authority act of 1966, 1966 PA 346, MCL125.1415a, 125.1422, and 125.1458b)

PART I. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Act" means the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

(b) "Adjusted annual income" means gross income less $750.00 for each member of the household living in the same dwelling unit.

(c) "Adjusted household income" means the gross annual income from all sources and before taxes or withholding of all members of a household living in a dwelling unit or housing unit after deducting all of the following:

(i) Unusual or temporary income of any member of the household.

(ii) Six hundred and fifty dollars for each member of the household.

(iii) Earnings of a member of a household who is under 18 years of age or who is a person with disabilities.

(iv) Fifty percent of the income of a second adult wage earner jointly occupying the dwelling or housing unit whose individual income is less than that of the wage earner with the highest income.

(v) The lesser of $1,000.00 or 10% of the gross annual income.

(d) "Applicant" means a corporation, partnership, joint venture, trust, individual, public body or agency, or other entity applying to receive authority money or services under the act.

(e) "Application" means a request for authority assistance under the act made on forms furnished by the authority.

(f) "Authority" means the Michigan state housing development authority created by the act.

(g) "Authorized officer" means any person designated as an authorized officer of the authority or any other person to whom a power or duty has been specifically delegated by the signatory resolution adopted by the authority.

(h) "Central city" means any 1 of the following:

(i) An area delineated in a Metropolitan Statistical Area by the United States Office of Management and Budget.

(ii) An area that is delineated in a Metropolitan Division by the United States Office of Management and Budget.

(iii) An area that is delineated in a Combined Statistical Area by the United States Office of Management and Budget.

History

• History: 1979 AC; 1982 AACS; 1985 AACS; 1986 AACS; 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.102 Definitions; D to G {#sec-r-125.102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.102}

Rule 102. As used in these rules:

(a) "Development fund grant" means a grant that is authorized by the authority, and is to be made to an applicant authorized by the act to receive a grant from the housing development fund created by the act.

(b) "Development fund loan" means a loan that is authorized by the authority, and is to be made from the housing development fund created by the act.

(c) "Dwelling unit" means living accommodations within a housing project that are intended for occupancy by a single household.

(d) "Executive director" means the executive director or an individual acting within this capacity employed by the authority who is the chief administrative officer of the authority.

(e) "Existing housing unit" means a housing unit that has been occupied before the issuance of a commitment by the authority.

(f) "Family" means 2 or more individuals living together not contrary to law.

(g) "Feasible housing project" means a proposed housing project that the authority has determined can reasonably be expected to be successfully constructed on the proposed site within cost limitations acceptable to the authority and can reasonably be expected to be operated in a fiscally sound manner, within authority parameters.

(h) "Gross income," for determining eligibility, means all income derived from whatever source, as follows:

(i) In computing gross income, all the income of the members of the household, other than minors, living in the same dwelling unit and contributing to the expenses of the household is to be considered. Gross income must be computed without deduction for the following:

(A) Funds paid into a tax shelter retirement account.

(B) Losses attributable to a farming syndicate as described in section 464 of the internal revenue code, 26 USC 464.

(C) Losses attributable to any type of corporation or partnership engaged in exploring for or exploiting oil and gas resources.

(D) Losses attributable to any type of corporation or partnership engaged in equipment leasing.

(E) Losses attributable to any type of corporation or partnership engaged in holding, producing, or distributing motion picture films or video tapes.

(F) Child support payments made by an applicant for the benefit of the applicant's child or children.

(G) Alimony, separate maintenance, or similar periodic payments that an applicant is required to make to a spouse or former spouse.

(ii) Gross income includes all of the following:

(A) The gross amount, before any payroll deductions, of wages; salaries; all overtime earnings in excess of $4,000.00 per annum; commissions; fees; tips; bonuses; gambling winnings; and prizes won, except for Michigan lottery winnings and prizes.

(B) The net income from the operation of a business or profession or from the rental of real or personal property. For this purpose, if the operation results in a loss, the loss may not be used to offset income generated from other sources. For this purpose, any shareholder that owns 10% or more of any outstanding class of stock in a corporation is deemed to have received income in its proportionate share of net earnings not otherwise distributed in salaries or dividends.

(C) All dividends and interest, including otherwise tax-exempt interest.

(D)The full amount of periodic payments received from social security, housing assistance payments, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts.

(E) Payments in place of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay.

(F) The full amount of public assistance payments.

(G) Periodic and determinable allowances, such as alimony and separate maintenance payments received, housing allowances received, and regular contributions or gifts received from individuals who do not reside in the dwelling, if such sums are received on a recurrent basis and if such sums may be reasonably expected to continue.

(H) The distributive share of partnership income.

(I) All capital gains.

(J) Child support payments received by an applicant for the benefit of the applicant's child or children.

(iii) Gross income does not include any of the following:

(A) Casual, sporadic, or irregular gifts.

(B) Amounts that are specifically for, or in reimbursement of, the cost of medical expenses.

(C) Lump sum additions to household assets, such as inheritances; insurance payments, including payments under health and accident insurance; worker's compensation; and settlements for personal or property losses.

(D) Amounts of educational scholarships paid directly to the student or to the educational institution, and veterans administration schooling benefits.

(E) Foster childcare payments.

(F) The value of coupon allotments for the purchase of food pursuant to the food and nutrition act of 2008, 7 USC 2011 to 2036d, which is in excess of the amount actually charged the eligible household.

(G) Overtime earnings of $4,000.00 or less per annum.

History

• History: 1979 AC; 1982 AACS; 1985 AACS; 1986 AACS; 1991 AACS; 1998-2000 AACS; 2023 AACS.

Mich. Admin. Code R 125.103 Definitions; H to S {#sec-r-125.103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.103}

Rule 103. As used in these rules:

(a) "Household" means an individual or family residing or intending to reside in a single-dwelling unit.

(b) “HUD” means the United States Department of Housing and Urban Development.

(c) "Individual or individuals with disabilities" means an individual who has a disability that is a physical or mental impairment that substantially limits 1 or more major life activities, has a record of the impairment, or meets the definition of having a disability under any federal, state, or local program for the disabled.

(d) "Individual or individuals with special needs" means an individual with physical disabilities, mental illness, substance abuse, or an addiction, or who is homeless, and who may need supportive services to succeed.

(e) "Local community" means any of the following entities that presents evidence that it is acting in a manner consistent with the objectives of the act with respect to the provision of housing or community development:

(i) A public body or agency.

(ii) A quasi-governmental body approved by the authority and established by state or federal law, the governing board of which is elected by the residents of a definite geographical area.

(iii) A park or playground association established pursuant to the provisions of 1911 PA 161, MCL 455.301 to 455.313.

(iv) A nonprofit corporation, limited dividend housing corporation, or limited dividend housing association.

(f) "Low-income individuals and families" means, as used in section 15a of the act, MCL 125.1415a, any of the following:

(i) Any individual or family whose household income, at the time of initial occupancy of a unit in the housing project, does not exceed 80% of the area median income, adjusted for family size, as published by HUD.

(ii) Any individual or family whose household income does not exceed the limits of an ordinance enacted by the municipality where the housing project is located, based on conditions existing in that municipality such as affordable housing needs, variations in construction costs, and fair market rents.

(iii) As used in 15a of the act, MCL 125.1415a, only, provided that not less than 30% of the units in the housing project are income- and rent-restricted to 80% or less of the area median income, the household income of all individuals and families occupying units in the housing that are not income- and rent-restricted to 80% or less of the area median income is imputed to be 80% of the area median income, adjusted for family size, as published by HUD.

(iv) Except as provided in paragraph (ii) of this subdivision, this definition of lowincome individuals and families applies to all housing projects that are now or become eligible for the exemption under section 15a of the act, MCL 125.1415a.

(g) "Minor" means a member of a household, other than the household head or spouse, who is under 18 years of age or who is under 19.5 years of age and a full-time high school or high-school alternative program student.

(h) "Mortgage loan" means a loan that is authorized by resolution of the authority or by a mortgage loan commitment issued on behalf of the authority and is made to an applicant for a housing project or a housing unit from the proceeds of the sale of the authority's bonds or notes and other available funds for the purpose of providing construction financing or long-term financing, or both, the repayment of which is secured, or is to be secured, as provided in the act.

(i) "Permanent general improvements" means alterations, repairs, and improvements on or in connection with an existing residential structure that substantially protects or improves the basic livability or energy efficiency of the residential structure to be improved. Permanent general improvements do not include materials, fixtures, or landscaping of a type or quality exceeding that customarily used in the locality for residential structures of the same general type as the structure to be improved.

(j) "Property improvement loan" means a loan that is authorized by the authority for home improvements that protects or improves the basic livability of a single-family or manufactured home.

(k) "Residential structure" means real property that is improved by a structure, and the structure is used primarily for residential purposes on a year-round basis. Residential structure does not include a mobile home or a trailer.

(l) "Sponsor" means an individual, group, or organization that stimulates or promotes an applicant, and continues to be interested in the activities of the applicant with respect to a housing project.

History

• History: 1979 AC; 1980 AACS; 1981 AACS; 1982 AACS; 1983 AACS; 1991 AACS; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.104 Rules of Construction {#sec-r-125.104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.104}

Rule 104. (1) Terms not defined in these rules have the same meanings as those terms that are defined in the act.

(2) Where terms are defined in both these rules and the act the definitions are intended to be read in conjunction with each other.

(3) To the extent a term defined in the act conflicts with the same term as defined in these rules, the definition in the act controls.

History

• History: 2023 AACS.

Mich. Admin. Code R 125.105 Income limitations {#sec-r-125.105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.105}

Rule 105. (1) For a household to be considered eligible for initial occupancy in a housing project or housing unit financed by the authority, that household's income shall not exceed the following household income limitations:

(a) Unless otherwise permitted by the act, for housing, other than single family housing units, that has been financed by the proceeds of authority bonds that have been delivered before June 9, 1977, the effective date of certain emergency rules that temporarily effectuated the provisions of subdivisions (b) and (c) of this subrule, a household shall not have an adjusted household income of more than $12,000.00 plus $500.00 for each member of the household in addition to the head of the household and his or her spouse; provided, however, that the authority, by resolution, may determine, with respect to a particular housing project, that 20% of the dwelling units in that project shall be available for occupancy by households having adjusted household incomes of not more than 125% of that established in this subrule. The resolution must include determinations by the authority that the project could not be marketed successfully without the higher income limit and that the project complies with either of the following:

(i) It is located in a city, other than a central city, with a per capita personal income less than the per capita personal income for this state.

(ii) It is located elsewhere and the number of units for households with incomes eligible for public housing or a program equivalent is at least equal to the number of units for households with incomes between the 100% and 125% limits. The $12,000.00 amount established in this subrule is automatically increased in accordance with the following formula: ($12,000.00) + ($12,000.00 x .07 x n) where n is the number of complete years elapsed since January 1, 1973.

(b) Unless otherwise permitted by the act, for housing, other than single- family housing units, that has been financed before May 1, 1984, and that has not been financed by proceeds of authority bonds that have been delivered before June 9, 1977, a household shall not have a gross income of more than $28,000.00, which is the estimated median family income in this state, provided, however, in the case of shared housing, a gross income limit of $15,000.00 is applied separately to each household assigned separate sleeping and bathroom facilities, notwithstanding the sharing of other living space.

(c) For all single-family housing units, a household shall not have a gross income in excess of that permitted in the act.

(d) Notwithstanding the provisions of subdivisions (a), (b), and (c) of this subrule, but subject to the act, a household may have a gross income up to that established pursuant to the following formula: 1.5 x a x 1.07n, where a is the median family income for the county in which the proposed housing is to be located, as identified in the publication entitled "1969 and Estimated 1977 Decile Distributions of Family Income by SMSA's and Non-Metropolitan Counties," prepared by the United States Department of Housing and Urban Development, Office of Economic Affairs, Economic and Market Analysis Division, June 1, 1977, and where n is the number of complete years elapsed since June 1, 1977, if the authority, by resolution, makes all of the following determinations:

(i) The economic integration encouraged by the higher income limits promotes the financial and social stability of housing financed or to be financed by the authority.

(ii) Private enterprise has failed to provide a substantial supply of adequate, safe, and sanitary dwellings in the area of the housing proposed for occupancy by households that qualify for assistance pursuant to this subdivision within the financial means of, and suitable for, such households.

(iii) The housing is located in an area in a central city that meets the criterion set forth in subparagraph (ii) of this subdivision.

(e) Notwithstanding the provisions of subdivisions (a), (b), and (d) of this subrule, a household may have a gross income up to the income limits set forth in sections 44(1)(a)(iv), 44(1)(a)(v), and 44(1)(b), MCL 125.1444, if the authority, by resolution, determines that the higher income limits promote the authority's ability to preserve the low-income occupancy of the housing project.

(f) For housing, other than single-family housing units, that has been financed on or after May 1, 1984, a household shall not have a gross income in excess of that permitted in the act.

(2) If a household income limitation is a requirement for an assumption of a mortgage on a single-family housing unit, then the household income limitation for a household to be considered eligible to assume a mortgage on a single-family housing unit must be the highest household income limitation ever established in subrule (1)(c) of this rule.

(3) If federal subsidy payments are made on behalf of occupants of authority-financed dwelling units or housing units, then the income limitations established in this rule are superseded by federal laws and regulations applicable with respect to those applicants.

(4) If the program providing the funds for a loan or grant is subject to laws, regulations, rules, or other requirements that have particular income or other programmatic restrictions, or if the entity providing the funds for a loan or grant has particular income or other programmatic restrictions, then the authority may elect to apply some or all of these restrictions, instead of those that would otherwise be applicable pursuant to this rule.

(5) Subrule (1) of this rule does not apply to households applying for a property improvement loan pursuant to part 8 of these rules.

(6) The income limitation contained in subrules (1) and (2) of this rule is subject to state and federal laws which may establish income limitations as a prerequisite to obtaining tax-exempt status of authority notes and bonds.

1998-2000 AACS; 2023 AACS.

History

• History: 1979 AC; 1980 AACS; 1981 AACS; 1982 AACS; 1983 AACS 1985 AACS; 1986 AACS;

Mich. Admin. Code R 125.107 Asset Criteria {#sec-r-125.107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.107}

Rule 107. The authority by resolution may establish asset criteria when it determines that action to be necessary to preserve the integrity of established income limitations and to effectuate the purposes of the act.

History

• History: 1979 AC.

Mich. Admin. Code R 125.109 Acceptance of aid and guarantees {#sec-r-125.109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.109}

Rule 109. (1) Pursuant to sections 22(c) and 22(k) of the act, MCL 125.1422, the authority, by resolution, may accept gifts, grants, loans or other aid, including guarantees, from the federal government or any public or private source, agree and comply with any condition attached thereto, and authorize and direct the execution on behalf of the authority or any agreement that it considers necessary or appropriate to implement any such gifts, grants, loans, guarantees, or other aid.

(2) Without limitation on the provisions of subrule (1) of this rule, the authority by resolution may accept any guarantee or commitment to guarantee its bonds or notes issued for the purpose of financing real property acquisition and land development pursuant to community development programs, accept any grant with respect to bonds or notes guaranteed and accept any public service grants for providing essential public services, including educational, health and safety services, and authorize and direct the execution on behalf of the authority of any agreement that it considers necessary or appropriate with respect thereto.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.111 Hearings {#sec-r-125.111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.111}

Rule 111. (1) To inform itself and the public the authority, through its members or its staff, may hold public hearings anywhere in this state and may limit the scope of the hearings.

(2) An individual, firm, corporation, partnership, or public body or agency, aggrieved by a decision of the authority or the authority’s executive director, or authorized officer issuing a final decision of the authority, may request in writing that the authority hold a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Hearings on matters related to participation in the HUD housing choice voucher programs administered by the authority may be requested and held in accordance with 24 CFR parts 982 and 983, as applicable, and in accordance with the authority’s housing choice voucher administrative plan.

(3) Except for hearing and appeal procedures provided by statute or rule, a request for a hearing under subrule (2) of this rule must be received by the authority’s chief legal affairs officer within 60 days after the issuance of the decision.

History

• History: 1979 AC; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.113 Waiver {#sec-r-125.113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.113}

Rule 113. The executive director may, in his or her discretion, waive a requirement in these rules that is not specifically required by statute upon notification by an applicant that the enforcement of the rule will negate the applicant’s opportunity to obtain a loan or other assistance from the authority and when the failure to meet the requirement was caused by the provision of inaccurate information by a financial institution participating in one of the authority programs.

History

• History: 1985 AACS; 2023 AACS.

Mich. Admin. Code R 125.115 Bylaws {#sec-r-125.115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.115}

Rule 115. The bylaws of the authority shall be adopted and amended by resolution and are public records. The bylaws must include the time and place of regular meetings, the manner of calling special meetings, and the internal procedures as the authority requires.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.119 Rescission {#sec-r-125.119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.119}

Rule 119. R 125.1 to R 125.73 are rescinded. This rescission shall not defeat or impair any right accrued, or affect any penalty incurred, under such rules, and applications pending with the authority may be amended to conform with these rules.

PART 2. APPLICATIONS AND APPLICANT ELIGIBILITY

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.121 Applications {#sec-r-125.121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.121}

Rule 121. (1) The authority staff may provide staff services to assist an applicant in complying with the requirements of the act and these rules. The executive director may establish a preapplication procedure.

(2) Forms to be employed for applications may be prepared by the authority staff, shall be approved by the executive director, and must specify the information to be included and the supporting materials to be submitted with the application.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.122 Eligible applicants {#sec-r-125.122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.122}

Rule 122. (1) A development fund loan, mortgage loan, or part of a development fund loan or mortgage loan, must not be made or disbursed to an applicant until the applicant is an eligible applicant.

(2) An eligible applicant is an applicant authorized by the act to receive a development fund loan or a mortgage loan. To become an eligible applicant, an applicant shall obtain authority staff’s approval of its organizational documents, where applicable, as provided in the act.

History

• History: 1979 AC; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.123 Approval of organizational documents {#sec-r-125.123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.123}

Rule 123. (1) Proposed articles of incorporation and proposed amendments to existing articles of incorporation of a nonprofit housing corporation, consumer housing cooperative, or limited dividend housing corporation, and the proposed partnership agreement, joint venture agreement, trust agreement, or other document then existing of a limited dividend housing association must be submitted in duplicate originals to the executive director or director of legal affairs, together with a request for the authority’s approval of the documents.

(2) The authority staff shall review the organizational documents to determine the compliance with the requirements of the act and these rules, and, if it is determined that the organizational documents comply, the executive director or other authority staff authorized by resolution of the authority shall issue, on behalf of the authority, a certificate of approval with respect to the organizational documents, on a form approved by the executive director or director of legal affairs.

PART 3. DEVELOPMENT FUND LOANS AND FEASIBLE PROJECTS

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.131 Applications {#sec-r-125.131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.131}

Rule 131. (1) An application for a determination that a proposed housing project is a feasible housing project must include information, and where required by the authority staff, supporting materials and evidence with respect to all of the following:

(a) The status of the applicant as an eligible applicant, or that reasonable steps have been taken to become an eligible applicant.

(b) The site of the proposed housing project, including location, dimensions, ownership, present zoning, present use and occupancy and relocation requirements as to present occupants, present on-site improvements such as streets, utilities, and structures, status of off-site utilities and streets, present property taxes and assessments, utility charges, and liens or other charges on the land, and all physical characteristics of the site that may affect construction.

(c) The status and characteristics of the proposed housing project, including number and size of dwelling units; type of occupancy, including ownership, rental, or cooperative; rehabilitation or new construction; range of proposed rents; occupancy charges or sale prices; building type; federally-aided mortgage or otherwise; and social, recreational, commercial, and communal facilities proposed to serve and improve the residential area in which the proposed housing is located or to be located.

(d) A schedule of the proposed uses of any requested development fund loan and the amounts proposed to be allocated to each use.

(e) Other matters as to the proposed housing project, the applicant, and other parties involved in the housing project as the authority staff and the executive director may require.

(2) An application for a development fund loan must include information, and where required by the authority staff, supporting materials and evidence with respect to all of the following:

(a) The status of the applicant as an eligible applicant, or that reasonable steps have been taken to become an eligible applicant.

(b) The site of the proposed housing project.

(c) The status and characteristics of the proposed housing project and social, recreational, commercial, and communal facilities proposed to serve and improve the residential area in which the proposed housing is located or to be located.

(d) A schedule of the proposed uses of the requested development fund loan and the amounts proposed to be allocated to each such use.

(e) Other matters as to the proposed housing project, the applicant, and other parties involved in the housing project as the authority staff and the executive director may require.

History

• History: 1979 AC; 1998-2000 AACS; 2023 AACS.

Mich. Admin. Code R 125.132 Processing and evaluation of applications {#sec-r-125.132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.132}

Rule 132. (1) An application for a development fund loan or a determination that a proposed housing project is a feasible housing project, or both, must be processed by the authority staff based on processing and underwriting procedures and guidelines developed by the authority staff under direction of the executive director on behalf of the authority.

(2) An applicant may be required to furnish to the authority staff supplementary information and to amend the application so that the proposed housing project is consistent with the authority’s processing and under-writing procedures and guidelines.

(3) Upon completion of the processing, all applications for a determination that a proposed housing project is feasible and all applications for development fund loans in the principal amount of $350,000.00 or more, must be presented to the authority for approval, along with the authority staff’s analysis of the application and the executive director’s recommendation with respect to the application, subject to the terms, conditions, and requirements determined necessary by the authority, in accordance with R 125.133.

(4) If the principal amount of the development fund loan is less than $350,000.00, the executive director shall review the authority staff’s analysis and determine whether all of the following requirements are met:

(a) The applicant is an applicant authorized by the act to receive a development fund loan.

(b) The applicant shall use the loan funds in planning for or implementing any activities allowed in the act.

(c) The applicant is reasonably expected to successfully implement the proposal.

(d) The authority staff reasonably anticipates that the applicant will receive an authority-aided or a federally-aided mortgage loan, to be obtained to provide financing for the proposed housing project.

(e) The development fund loan can reasonably be anticipated to be repaid from the proceeds of the authority-aided or a federally-aided mortgage loan. If the requirements in this subrule are met, the executive director may issue, on behalf of the authority, a commitment for a development fund loan to the applicant. The development fund loan commitment must contain terms, conditions, and requirements determined necessary by the executive director.

History

• History: 1979 AC; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.133 Determinations of feasibility and authorization of loans {#sec-r-125.133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.133}

Rule 133. (1) The authority shall review the analysis and recommendation for applications for a determination that a proposed housing project is feasible and applications for development fund loans in the principal amount of $350,000.00 or more, and, if the authority determines that the application meets the requirements of the act and these rules and is consistent with the authority’s processing and under-writing procedures and guidelines, by resolution, the authority may determine that the proposed housing project is a feasible housing project or authorize a development fund loan to the applicant, or both.

(2) For applications for a determination that a proposed housing project is feasible, the resolution must include all of the following determinations by the authority:

(a) The proposed housing project provides housing for individuals of low- and moderate-income or serves and improves the residential area where authority-financed housing is located or is planned to be located that enhances the viability of the housing.

(b) The applicant is reasonably expected to be able to achieve successful completion of the proposed housing project.

(c) The proposed housing project meets a social need in the area where it will be located.

(d) A mortgage loan, or a mortgage loan not made by the authority that is a federallyaided mortgage, can reasonably be anticipated to be obtained to provide financing for the proposed housing project.

(e) The proposed housing project is a feasible housing project.

(3) For applications for development fund loans in the principal amount of $350,000.00 or more, the resolution must include the following determinations by the authority:

(a) The applicant is an applicant authorized by the act to receive a development fund loan.

(b) The applicant shall use the loan funds in planning for or implementing any activities allowed in the act.

(c) The applicant is reasonably expected to successfully implement the proposal.

(d) The authority staff reasonably anticipates that the applicant will receive an authority-aided or a federally-aided mortgage loan that provides financing for the proposed housing project.

(e) The development fund loan can reasonably be anticipated to be repaid from the proceeds of the authority-aided or a federally-aided mortgage loan.

(4) The resolution may include conditions that the authority considers appropriate with respect to an application for a mortgage loan as to the feasible housing project or the use, disbursement, and repayment of the development fund loan.

History

• History: 1979 AC; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.134 Priorities for allocation of development fund money {#sec-r-125.134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.134}

Rule 134. Priorities for allocation of money in the housing development fund available for development fund loans may be established and revised by the authority. Priorities are based on criteria established by the authority as best effectuating the purposes of the act including, without limitation, a determination by the authority of an area’s need for housing for individuals of low- and moderate-income as compared to the authority's determination of the overall housing needs of the state.

PART 4. MORTGAGE LOANS

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.141 Multifamily mortgage loan applications {#sec-r-125.141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.141}

Rule 141. An application for a mortgage loan must include information, and where required by the authority staff, supporting materials, and evidence, with respect to all of the following:

(a) The status of the applicant as an eligible applicant.

(b) The site of the proposed housing project, including location, dimensions, ownership, present zoning, present use and occupancy, and relocation requirements as to present occupants; present on-site improvements, such as streets, utilities, and structures; status of off-site utilities and streets; present property taxes and assessments; utility charges; liens or other charges on the land; and all physical characteristics of the site that may affect construction.

(c) The status and characteristics of the proposed housing project, including number and size of dwelling units; type of occupancy, including ownership, rental, or cooperative; rehabilitation or new construction; building type; federally-aided mortgage or otherwise; and social, recreational, commercial, and communal facilities proposed to serve and improve the residential area in which the proposed housing is or is to be located.

(d) Identity and qualifications of the design architect, supervisory architect, applicant's attorney, housing consultant, general contractor, marketing or sales agent, and management agent.

(e) Architectural drawings and specifications, site plan, schedule of construction costs, reports of soil tests or engineering studies performed, and evidence of approval of the architectural drawings, specifications, and site plan by governmental bodies having jurisdiction.

(f) Proposed marketing plan reports of market surveys or analyses, schedule of proposed rents, occupancy charges or sale prices, proposed operating budget, proposed management plan, proposed relocation plan and cost analysis, schedule of the proposed uses of the requested mortgage loan and the amounts to be allocated to each such use including the applicant's equity investment, where applicable, and a proposed construction schedule.

(g) The applicant's compliance with, and the fulfillment of, the terms and conditions of any prior determination by the authority that the proposed housing project is a feasible housing project.

(h) The applicant's proposed plans for compliance with the nondiscrimination provisions of section 46 of the act, MCL 125.1446, and the proposed affirmative action plans for minority group employment in construction of the proposed housing project.

(i) Other matters as to the proposed housing project, the applicant, and other parties involved in the housing project as the authority staff and the executive director may require.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.142 Processing and evaluation of applications {#sec-r-125.142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.142}

Rule 142. (1) An application for a mortgage loan must be processed by the authority staff based on the authority's processing and underwriting procedures and guidelines. The authority staff shall undertake and require applicants to obtain and submit land appraisals, market surveys and analyses, reviews of the architectural design, a site plan, construction costs, materials and methods, and other matters as may be determined to be appropriate to ensure that the proposed housing project is consistent with the authority's processing and underwriting procedures and guidelines.

(2) An applicant may be required to furnish the authority staff with supplementary information and to amend the application so that the proposed housing project is consistent with the authority's processing and underwriting procedures and guidelines.

(3) Except as provided for in R 125.143(3), upon completion of the processing and approval of the application by the executive director, the authority staff's analysis of the application and the executive director's recommendation shall be presented to the authority.

History

• History: 1979 AC; 1981 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.143 Authorization of mortgage loans {#sec-r-125.143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.143}

Rule 143. (1) The authority shall review each analysis and recommendation and, if the authority determines that the application meets the requirements of the act and these rules and is consistent with the authority's processing and underwriting procedures and guidelines, by resolution, it may authorize a mortgage loan to the applicant. The resolution may authorize the executive director to issue a separate authority mortgage loan commitment to the applicant with respect to the proposed housing project.

(2) The resolution must include all of the following authority determinations:

(a) The applicant is an eligible applicant.

(b) The proposed housing project provides housing for individuals of low- and moderate-income or serves and improves the residential area where authority- financed housing is located or is planned to be located that enhances the viability of the housing. In the case of a loan being made pursuant to section 44a(2) of the act, MCL 125.1444a, the loan may be made without regard to the income of the owner or occupants if the housing project is located in an area of chronic economic distress, as that term is defined in section 11 of the act, MCL 125.1411, or if the housing project constitutes moderate cost residential rental property located elsewhere in this state.

(c) The applicant is reasonably expected to be able to achieve successful completion of the proposed housing project.

(d) The proposed housing project meets a social need in the area where it will be located.

(e) The proposed housing project may reasonably be expected to be marketed successfully.

(f) All elements of the proposed housing project, including, without limitation, the ownership, design, construction, occupancy, management, and operation thereof, are established in a manner consistent with the authority's processing and underwriting procedures and guidelines, except as to any elements that are the subject of conditions as to the authorization of the mortgage loan as provided in R 125.144.

(g) In light of the estimated project cost of the proposed housing project, the amount of the mortgage loan authorized by a resolution is consistent with the requirements of the act as to the maximum limitation on the ratio of mortgage loan amount to estimated project cost.

(3) If the principal amount of the mortgage loan is less than $350,000.00, the executive director may review the authority staff's analysis and, if the executive director determines that the applicant is an eligible applicant, that the application meets the requirements of the act and these rules, and that the application is consistent with the authority's processing and underwriting procedures and guidelines as to the proposed housing project, the executive director may issue, on behalf of the authority and pursuant to resolution of the authority, the authority's mortgage loan commitment to the applicant with respect to the proposed housing project. The mortgage loan commitment must contain terms, conditions, and requirements determined necessary by the executive director.

History

• History: 1979 AC; 1981 AACS; 1983 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.144 Conditions and special determinations in authorizations {#sec-r-125.144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.144}

Rule 144. A resolution of the authority authorizing a mortgage loan or a mortgage loan commitment of the authority, the issuance of which is authorized by the resolution, must include conditions that the authority considers appropriate with respect to the commencement of construction of the proposed housing project, the marketing and occupancy of the housing project and the use, disbursement, and repayment of the mortgage loan authorized. A resolution or mortgage loan commitment may include a financial analysis of the subject housing project, which must establish the initial schedule of rents or occupancy charges, the approved budget for operation of the housing project, and the schedule of uses of the proceeds of the mortgage loan. A resolution authorizing a mortgage loan to an applicant that is a limited dividend housing corporation or limited dividend housing association must include a determination of the maximum reasonable and proper rate of return on the investment of the applicant in the proposed housing project, which determination must be made upon a consideration of the then existing conditions in the housing industry and financial markets and rates of return then prescribed by other governmental agencies and applicable federal programs.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.145 Priorities for allocation of monies for mortgage loans {#sec-r-125.145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.145}

Rule 145. Priorities for allocation of authority money available for mortgage loans may be established and revised by the authority. Priorities are based on criteria established by the authority as best effectuating the purposes of the act, including, without limitation, a determination by the authority of an area's need for housing for individuals with low- and moderate-income as compared to the authority's determination of the overall housing needs of the state.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.146 Single family mortgage loans {#sec-r-125.146 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.146}

Rule 146. (1) An application by an individual for a mortgage loan for long-term financing of a housing unit, which for purposes of this rule may include owner-occupied new housing units, existing housing units to be substantially rehabilitated, condominiums, or mobile homes permanently affixed to land and considered real property, to be purchased by the individual, must include information, and if required by authority staff, supporting materials and evidence with respect to both of the following:

(a) The eligibility of the applicant.

(b) The eligibility of the housing unit proposed to be purchased.

(2) An application for a mortgage loan, submitted pursuant to subrule (1) of this rule, must be processed by authority staff and may be approved by an authorized officer.

(3) The authorized homeownership staff shall review each application and, if the authorized homeownership staff determine that the applicant is an eligible applicant, that the application meets the requirements of the act and these rules, and that the application is consistent with the authority's processing and underwriting procedures and guidelines as to the housing unit to be purchased, the authorized officer may issue, on behalf of the authority and pursuant to resolution of the authority, the authority's mortgage loan commitment to the originating lender with respect to the housing unit proposed to be purchased. The mortgage loan commitment must contain terms, conditions, and requirements determined necessary by an authorized officer, including, without limitation, conditions establishing that the purchase price of the subject housing unit, the method of making payments after the purchase of the housing unit, the security afforded, the interest rate, and fees and charges, if any, to be paid by the eligible applicant must at all times be sufficient to allow the authority to make the payments on its bonds and notes plus any administrative or other costs to the authority in connection with the transaction.

(4) The authority, by resolution, may authorize the execution, on behalf of the authority, of agreements with corporations, partnerships, individuals, financial institutions, or other entities qualified to do business within this state. The agreements may provide that the authority shall make mortgage loans to eligible applicants for the long-term financing of housing units to be purchased by eligible applicants.

(5) An individual shall not receive a mortgage loan for long-term financing to purchase a housing unit that is not intended for owner occupancy.

(6) If an individual is a qualifying applicant, only the qualifying applicant is required to sign the mortgage note and any other loan documents determined by an authorized officer to be necessary, and only the qualifying applicant is subject to credit qualification.

If married, both the qualifying applicant and the applicant’s spouse must be identified in the deed or other conveyance document, and both shall execute the mortgage securing the property, to the extent required by state law and title industry practice. The income of all other non-qualified-applicant adult individuals who are to reside in the home is considered for determining eligibility of the household for program qualification and loan terms. Those non-qualified-applicant individuals are required to attest to their incomes, and those incomes are included in determining the household gross income; non-qualified-applicant individuals are not required to sign mortgage loan documents.

(7) An individual shall not receive a mortgage loan for the long-term financing of a housing unit unless the individual meets the credit requirements established by the authority.

PART 5. DEVELOPMENT FUND GRANTS

History

• History: 1979 AC; 1980 AACS; 1982 AACS; 1983 AACS; 1986 AACS; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.151 Applications {#sec-r-125.151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.151}

Rule 151. An application for a development fund grant must include information and, where required by the authority staff, supporting materials and evidence with respect to all of the following:

(a) That the applicant is an applicant authorized by the act to receive a development fund grant.

(b) The proposed housing or community development activities for which assistance in planning or implementation is being requested.

(c) The total cost of the planned activities, the net costs to the applicant, and a schedule of the proposed uses of the requested development fund grant and the amounts proposed to be allocated to each use.

(d) Other matters with respect to the proposal, the applicant, and other parties involved as the authority staff and the executive director require.

History

• History: 1979 AC; 1986 AACS; 1998-2000 AACS; 2023 AACS.

Mich. Admin. Code R 125.152 Processing and evaluation of applications {#sec-r-125.152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.152}

Rule 152. (1) An application for a development fund grant must be processed by the authority staff based on the authority's evaluation factors.

(2) An applicant may be required to furnish to the authority staff supplementary information and amend the application so that the planned activities are fully consistent with the authority's evaluation factors.

(3) Upon completion of the processing, all applications for development fund grants in the amount of $350,000.00 or more must be presented to the authority for approval, along with the authority staff’s analysis of the application and the executive director's recommendation with respect to the application subject to the terms, conditions, and requirements determined necessary by the authority.

(4) If the amount of the development fund grant is less than $350,000.00, the executive director shall review the authority staff’s analysis and determine whether all of the following requirements are met:

(a) The applicant is authorized by the act to receive a development fund grant.

(b) The applicant will use the grant funds in planning for or implementing any activities allowed in the act.

(c) The applicant is reasonably expected to successfully implement the proposal.

(d) The application satisfies the evaluation factors and criteria adopted by the authority.

(5) If the requirements of this subrule are met, the executive director may issue, on behalf of the authority, a commitment for a development fund grant to the applicant.

The development fund grant commitment must contain terms, conditions, and requirements as determined necessary by the executive director. The authority may require repayment of these grants.

History

• History: 1979 AC; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.153 Authorization of development fund grants in the amount of $350,000.00 or more {#sec-r-125.153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.153}

Rule 153. (1) For applications for development fund grants in the amount of $350,000.00 or more, the authority shall review each analysis and recommendation presented and, if it determines that the application meets the requirements of the act and these rules and is consistent with the authority's evaluation factors, by resolution, it may authorize a development fund grant to the applicant in an amount not to exceed the net costs to the applicant of the planned activities.

(2) The resolution of the authority must include all of the following determinations by the authority:

(a) The applicant is authorized by the act to receive a development fund grant.

(b) The applicant will use grant funds in planning for or implementing any activities allowed in the act.

(c) The applicant is reasonably expected to successfully implement the proposal.

(d) The application satisfies the evaluation factors and criteria adopted by the authority.

(3) The resolution may include conditions that the authority considers appropriate with respect to the use and disbursement of the development fund grant. The authority may require repayment of these grants.

History

• History: 1979 AC; 1986 AACS; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.154 Priorities for allocation of development fund monies {#sec-r-125.154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.154}

Rule 154. Priorities for allocation of monies in the housing development fund available for development fund grants may be established and revised by the authority.

Priorities are based on criteria established by the authority as best effectuating the purposes of the act.

PART 6. AUTHORITY LOAN DOCUMENTS

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.161 Authority loan documents {#sec-r-125.161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.161}

Rule 161. (1) Forms of documents to be used with respect to development fund loans, mortgage loans, and the issuance and sale of authority notes and bonds must be prepared, and may be revised and amended, by the authority staff under direction of the executive director on behalf of the authority, subject to legal requirements.

(2) The appropriate forms of the documents must be employed with respect to all matters relating to development fund loans and mortgage loans.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.162 Remedies {#sec-r-125.162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.162}

Rule 162. The authority reserves the right to pursue all remedies prescribed by law or in the act for breach or violation of any provision of any authority loan document described in R 125.161.

PART 7. LAND ACQUISITION AND DEVELOPMENT

History

• History: 1979 AC.

Mich. Admin. Code R 125.171 Land acquisition and development proposals {#sec-r-125.171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.171}

Rule 171. (1) The authority staff may develop proposals for the use of money in the land acquisition and development fund created by the act. A proposal may be for the following:

(a) The acquisition by grant, purchase, or otherwise of real property, which for purposes of this part is defined as any interest, including a fee and leasehold interest, in land or improvements to land, or a portion thereof, by the authority in its own name or through and in the name of an agent, under any of the following circumstances:

(i) The real property may be suitable for a future housing development or housing project.

(ii) The real property is located in a residential area where the authority has financed or has planned to finance housing, and the proposed use of the real property improves the quality of the residential area by eliminating blight or provides needed public or commercial facilities.

(iii) The real property is so situated that the present or future use of the real property, if not acquired by the authority, adversely affects the value or marketability of the authority-financed housing project.

(b) Any of the following types of improvements to real property purchased or otherwise acquired for the purposes of the fund:

(i) Improvements that are necessary to place the real property in a safe, sanitary, and decent condition, including demolition, excavation, and landscaping.

(ii) Improvements to real property that is to be dedicated for the public use and enjoyment, including the installation of recreational facilities, benches, shelters, lighting, and walkways.

(iii) Improvements that are necessary to ensure the planned development of the real property, including the installation of roads, sidewalks, sewers, and utilities.

(c) The payment of any of the following costs on real property purchased or being purchased with money from this fund or acquired by gift, grant, or exchange for the purposes of this fund:

(i) The costs of property taxes, insurance premiums, interest, maintenance expenses, and other carrying charges on real property. Notwithstanding the provisions of section 42 of the act, MCL 125.1442, during the period when real property is owned or is being purchased by the authority or the authority’s agent, the authority shall pay all property taxes levied against the real property unless a taxing jurisdiction exempts the real property from property taxes. The assessed valuation of the real property while it is owned or being purchased by the authority or the authority’s agent may not be increased by any taxing jurisdiction, except to reflect the state equalization valuation process.

(ii) The costs of planning the development of the real property, including, but not limited to, the costs of economic feasibility studies, land use studies, site development planning, architectural and engineering design, market analysis and all related analyses, studies, and planning services.

(iii) The costs incurred in the transfer of real property, including brokerage and appraisal fees, recording expenses, and the costs of surveys and title insurance.

(d) The costs of improvements to real property allowed by section 24b(2) of the act, MCL 125.1424b.

(2) A proposal must contain information as to the description and fair market value of any real property or interest therein proposed to be acquired and the proposed method of acquisition thereof, the nature and cost of any improvements proposed to be undertaken or carrying charges or transfer expenses proposed to be paid, and the nature and cost of any planning of the development of real property proposed to be undertaken. A proposal, upon completion, and the executive director's recommendation with respect thereto, must be presented to the authority.

History

• History: 1979 AC; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.172 Approval and implementation of proposals {#sec-r-125.172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.172}

Rule 172. (1) The authority shall review a proposal and recommendation and, if it determines that the proposal meets the requirements of the act and these rules, by resolution, it may approve the proposal and authorize and direct the implementation of the proposal and the use of appropriate money of the authority in connection with the implementation.

(2) The resolution may provide that any real property or interest therein to be acquired by the authority may be acquired in the authority's name or through and in the name of a duly authorized agent of the authority. If any such real property or interest therein is to be purchased on land contract, option, or other form of deferred payment agreement, or subject to mortgages or other encumbrances, the authority, by the resolution, shall reserve money in the land acquisition and development fund or authorization to issue notes and bonds, the aggregate amount of which equals the unpaid principal balance of the land contract, option, mortgage, or other encumbrance or deferred payment agreement plus any anticipated carrying charges, including without limitation, insurance premiums, interest, maintenance expenses, and property taxes. In the event that the acquisition is to be accomplished through a duly authorized agent of the authority, the authority shall require the agent to protect the authority's interest in the property and to convey the property interest to the authority upon the authority's request, and the records of the authority shall reflect the existence of, and the authority's rights in, the real property or interest therein.

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.173 Sale or exchange of property of authority {#sec-r-125.173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.173}

Rule 173. (1) The authority, by resolution, may authorize and direct the sale, assignment, transfer, conveyance, lease, mortgage, or other disposal or encumbrance of real or personal property or any interest therein, or part thereof, with respect to which money from the land acquisition and development fund have been expended to any individual, firm, partnership or corporation, county, municipality, authority, or federal or state agency at a price and on the terms and conditions that meet the requirements of the act and are considered appropriate by the authority.

(2) The authority, by resolution, may authorize and direct the exchange of real property with respect to which money from the land acquisition and development fund have been expended, if the authority determines that the real property proposed for acquisition meets the requirements of R 125.171(1)(a).

PART 8. HOME IMPROVEMENT LOANS

History

• History: 1979 AC; 2023 AACS.

Mich. Admin. Code R 125.181 Eligible applicants {#sec-r-125.181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.181}

Rule 181. An applicant for a property improvement loan shall satisfy all of the following requirements:

(a) An applicant shall be an individual fee owner of the residential structure to be improved or an individual member-shareholder in a nonprofit cooperative housing corporation who has a proprietary interest in a residential structure. The residential structure may be subject to a mortgage or other lien securing a debt.

(b) An applicant shall meet the credit requirements as established by the authority.

(c) The residential structure to be improved must not be in violation of applicable zoning ordinances or other applicable land use guidelines.

(d) The residential structure may not contain more than 24 dwelling units.

(e) The applicant shall use property improvement loan proceeds to finance only new improvements upon, or in connection with, existing structures and may not use the property loan proceeds to refinance an existing mortgage or debt, or to complete an unfinished residential structure.

(f) All improvements must be reasonably capable of being completed, except for causes beyond the applicant's reasonable control, within 6 months after the date of the first disbursement of funds pursuant to the property improvement loan. The authority’s executive director may extend this period for good cause shown.

History

• History: 1979 AC; 1980 AACS; 1982 AACS; 1983 AACS; 1991 AACS; 1998-2000 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.182 Eligible improvements {#sec-r-125.182 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.182}

Rule 182. (1) Improvements made with property improvement loan proceeds must satisfy the following requirements:

(a) Improvements may be made to comply with applicable state, county, and municipal health, housing, building, fire prevention and housing maintenance codes, or other public standards applicable to housing.

(b) Improvements may also be made that protect or improve the basic livability or utility of a residential structure and make the residential structure safe, sanitary, or adequate. However, to be an eligible improvement, it must be a permanent general improvement.

(c) An improvement must be made in compliance with all applicable health, fire prevention, building, housing, and housing maintenance codes, and other public standards applicable to housing. However, no application for a property improvement loan for a dwelling unit occupied by the owner may be denied solely because the improvements will not bring the dwelling unit into full compliance with all applicable codes and standards.

(d) Property improvement loan proceeds may not be used for the payment, wholly or in part, of an assessment for public improvements. However, proceeds may be used for improvements that brings an individual sewage disposal system, including septic systems, located on the residential real property improved by a residential structure into compliance with local, state, and federal environmental and sanitary standards.

(e) The authority may require that all contracts covering all or any portion of an improvement contain an authority-approved warranty on workmanship and materials.

(2) All rehabilitation contracts under this part must be between the homeowner and the contractor. The authority shall not negotiate or enter into rehabilitation contracts under this part.

History

• History: 1979 AC; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.183 Rescinded {#sec-r-125.183 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.183}

History

• History: 1979 AC; 1981 AACS; 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 125.184 Rescinded {#sec-r-125.184 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.184}

PART 9. MICHIGAN HOUSING AND COMMUNITY DEVELOPMENT

FUND;

MICHIGAN HOUSING AND COMMUNITY DEVELOPMENT PROGRAM

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 125.190 Program purpose and applicability {#sec-r-125.190 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.190}

Rule 190. The authority shall use the Michigan housing and community development fund created in section 58a of the act, MCL 125.1458a, to provide loans, grants, or other comparable forms of assistance to eligible applicants to finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing and projects to meet the housing needs of lowincome, very low-income, and extremely low-income households, and households located in a downtown area or adjacent neighborhood in this state. The use of the Michigan housing and community development fund is limited to activities outlined in sections 58b and 58c of the act, MCL 125.1458b and 125.1458c, as follows:

(a) Developing and coordinating public and private resources to meet the housing needs of low-income, very low-income, and extremely low-income households in this state, particularly innovative strategies leveraging public and private resources to meet these needs.

(b) Developing housing in downtown areas and adjacent neighborhoods.

(c) Developing housing for the homeless, including both transitional housing and permanent housing.

(d) Developing rental housing.

(e) Providing funding to eligible applicants with respect to housing or homeownership for individuals and families of low-income, very low-income, and extremely low-income households and projects located in a downtown area or adjacent neighborhood in this state, including funding for all of the following:

(i) Acquisition of land and buildings.

(ii) Rehabilitation.

(iii) New construction.

(iv) Development costs and predevelopment costs.

(v) Preservation of existing housing.

(vi) Community development projects, including, but not limited to, infrastructure improvements, economic development projects, blight elimination, or community facilities.

(vii) Insurance.

(viii) Operating and replacement reserves.

(ix) Down payment assistance.

(x) Security deposit assistance.

(xi) Foreclosure prevention and assistance.

(xii) Individual development accounts established under the individual or family development account program act, 2006 PA 513, MCL 206.901 to 206.911.

(xiii) Activities related to ending homelessness.

(xiv) Assistance to nonprofit organizations, municipalities, and land bank fast track authorities organized under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774.

(xv) Predatory lending prevention or relief.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.191 Definitions {#sec-r-125.191 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.191}

Rule 191. Definitions provided for in part 1 of the authority's rules, R 125.101 to R 125.103, apply to the provisions of this part, unless superseded in this rule as follows:

(a) "Allocation plan" means the plan referred to in and required by section 58b of the act, MCL 125.1458b(3).

(b) "Annual report" means the annual report required under section 58b of the act, MCL 125.1458b.

(c) "Applicant" means an individual who has submitted an application, proposal, or other documentation related to a request for an award of housing and community development fund money meeting the requirements contained in the applicable NOFA or RFP related to the applicable application year.

(d) "Biennial plan" means the allocation plan as that term is defined in subdivision (a) of this rule.

(e) "Chief Executive Officer" or "CEO" means the senior manager or individual acting within this capacity responsible for overseeing the activities of the entire company or organization. The CEO usually holds a position on the board of directors of the company or organization and may also hold the title of president.

(f) "Community development" means a process involving the conception, planning, and implementation of projects or activities that create improvements in, or reduce the extent of declines in, the living standards of people in a particular community.

(g) "Controlling interest" means the holding by 1 individual or group of individuals of a majority of the stock or other indicia of ownership of a business entity, giving the holder or holders a means of exercising control over the actions of the entity.

(h) "Development costs" means the total costs incurred by eligible applicants for the purpose of developing and coordinating public and private resources to meet the housing needs of low-income, very low-income, and extremely low-income households or to finance projects, as that term is defined in section 58 of the act, MCL 125.1458, and projects located in a downtown or adjacent neighborhood in this state.

(i) "Formula" means the standard procedure for distributing the Michigan housing and community development program funds throughout this state based on the number of individuals experiencing poverty, economic, and housing distress as specified in section 58b of the act, MCL 125.1458b.

(j) "Homelessness" means lacking a fixed, regular, and adequate nighttime residence with priority given to those living in any of the following:

(i) A publicly or privately operated shelter or transitional facility designed to provide temporary living accommodations.

(ii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for humans.

(iii) An institution that provides temporary residence for individuals intended to be institutionalized.

(k) "Housing development" means single-family homes, rental developments, elderly developments, affordable assisted living developments, supportive housing developments, and any work or undertaking financed in whole or in part under this part for the primary purpose of acquiring, constructing, or rehabilitating housing for low-income, very lowincome, or extremely low-income households in need of housing, and households located in downtown areas or adjacent neighborhoods. An undertaking may include any buildings, land, equipment, facilities, or other real or personal property that is necessary, convenient, or desirable in connection with a development, including, but not limited to, streets, sewers, utilities, parks, site preparation, landscaping, and other non-housing facilities determined to be necessary, convenient, or desirable.

(l) "Lookback" means the process of reviewing an intended proposed distribution of Michigan housing and community development program funds in a program year to ensure compliance with the earmark requirements provided in the act and these rules.

(m) "Michigan housing and community development fund" means the fund created in section 58a of the act, MCL 125.1458a.

(n) "Michigan housing and community development program" means the program created in section 58b of the act, MCL 125.1458b.

(o) "NOFA" means a notice of funding availability issued pursuant to this rule and the applicable statutory law governing the program.

(p) "Predevelopment costs" means reimbursable costs, related to a specific eligible housing, downtown, or adjacent neighborhood project, that meet all of the following:

(i) Predevelopment project costs that are determined to be customary and reasonable by the authority, including, but not limited to, consulting fees, architectural fees, engineering fees, and costs related to the engagement of a development team, costs related to establishing site control, and costs related to title clearance.

(ii) Pre-construction project costs that are determined to be customary and reasonable by the authority, including, but not limited to, the costs of obtaining architectural plans and specifications, zoning approvals, engineering studies, and legal fees.

(iii) Predevelopment costs do not include general operational or administrative costs.

(q) "Program funds" means the money in the Michigan housing and community development fund.

(r) "Recipient" means an eligible applicant receiving funds or other assistance under the program. Recipient includes a subrecipient and any requirement applying to a recipient applies to a subrecipient.

(s) "Rental housing project" means a housing development consisting of 1 or more dwelling units that are rented to individuals or families meeting applicable occupancy and income requirements related to the nature of the housing unit or development.

(t) “Request for proposals” or "RFP" means an announcement of a willingness to consider proposals requesting the awarding of program funds for a particular use or uses related to the fund or program.

(u) "State" means this state and any state level component units thereof.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.192 Program funds eligible uses {#sec-r-125.192 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.192}

Rule 192. (1) Michigan housing and community development program funds may be used for the following activities:

(a) Acquisition activities. Acquisition in whole or in part by the recipient, by purchase, long-term lease, donation, or otherwise, of real property, including air rights, water rights, rights-of-way, easements, and other interests therein, for any purpose authorized by the program.

(b) Rehabilitation, clearance, and remediation activities. Rehabilitation activities include clearance, demolition, and removal of buildings and improvements, movement of structures to other sites, and remediation of known or suspected environmental contamination for a current or proposed housing development or project located in a downtown area or adjacent neighborhood. Demolition of HUD-assisted or HUD-owned housing units may be undertaken only with the prior approval of HUD.

(c) New construction of housing activities or projects limited to occupancy by lowincome, very low-income, and/or extremely low-income households, or located in a downtown area or adjacent neighborhood. Construction of a housing development or projects located in a downtown area or adjacent neighborhood, including housing assisted under federal or state law, through the incurrence of development costs and predevelopment costs.

(d) Activities incurring development costs and predevelopment costs.

(e) Preservation of existing housing or activities related to the preservation of existing housing.

(f) Activities related to community development projects, infrastructure improvements, economic development projects, blight elimination, and community facilities. Activities under this category include acquisition, construction, reconstruction, rehabilitation or installation of community facilities, and infrastructure improvements or other incurrence of development costs or predevelopment costs carried out by the recipient.

In undertaking these activities, design features and improvements that promote energy efficiency may be included. These activities may also include the execution of architectural design features and similar treatments intended to enhance the aesthetic quality of facilities and improvements receiving assistance. These community facilities include, but are not limited to, shelters for the homeless; shelters for victims of spousal and dating violence; halfway houses for children temporarily separated from their parents or guardians, drug offenders or parolees; group homes for individuals with disabilities, and temporary housing for disaster victims.

(g) Activities incurring insurance costs related to any purpose authorized by the Michigan housing and community development program.

(h) Activities involving operating, replacement, and other reserves related to any purpose authorized by the Michigan housing and community development program.

(i) Activities providing down payment and other direct homeownership assistance to low-income, very low-income, or extremely low-income households.

(j) Activities providing security deposit assistance to low-income, very low-income, or extremely low-income households.

(k) Activities providing foreclosure prevention or foreclosure assistance to lowincome, very low-income, or extremely low-income households.

(l) Activities related to individual development accounts established under the individual or family development account program act, 2006 PA 513, MCL 206.901 to 206.911.

(m) Activities related to ending homelessness.

(n) The provision of assistance either through the recipient directly or through public and private organizations, agencies, and other subrecipients, including nonprofit and forprofit subrecipients, to facilitate economic development projects or activities that support housing development that does the following:

(i) Provides financial support for the establishment, stabilization, and expansion of business enterprises.

(ii) Provides technical assistance, advice, and business support services to owners of business enterprises and individuals developing business enterprises.

(iii) Provides general support, including, but not limited to, peer support programs, counseling, childcare, transportation, and other similar services, to owners of business enterprises and individuals developing business enterprises.

(iv) Provides training, technical assistance, or other support services to increase the capacity of the recipient or subrecipient to carry out the activities under this subrule.

(o) Assistance activities provided to public or nonprofit entities, including municipalities and land bank fast track authorities organized under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, to increase the capacity of the entities to carry out program eligible housing development, neighborhood revitalization, or economic development activities.

(p) Predatory lending prevention or relief.

(q) Other housing and community development fund or program activities authorized under the act.

(2) Ineligible applicants include the following:

(a) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, that has either failed to submit or is now delinquent in providing an explanation, evidence of corrective action or a payment of disallowed costs or fees as a result of a program funding monitoring review.

(b) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, that is currently delinquent on any loan payments or any fees due and payable to the authority.

(c) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, that was or is barred, debarred, suspended, or terminated from procurement in a state or federal program or listed in the list of parties excluded from federal procurement or non-procurement programs or has otherwise been debarred by any federal agency or the authority.

(d) Any individual acting as an owner, member, principal, officer, manager, or key employee of the applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, who was convicted of a state or federal felony crime involving fraud, bribery, theft, misrepresentation of material fact, misappropriation of funds, or other similar criminal offenses within 15 years before the application deadline.

(e) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, and at the time of application submission is subject to any of the following:

(i) Enforcement or disciplinary action under state or federal securities law or by the National Association of Securities Dealers (NASD).

(ii) A federal tax lien.

(iii) An enforcement proceeding with any governmental entity.

(f) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest that has open or unresolved, or both, audit issues with any federal agency or the authority related to this program or other programs administered by any federal agency or the authority.

(g) An applicant for whom a submitted application is incomplete, lacks required supporting documentation, or is so unclear or disjointed that, in the discretion of the authority staff, the application cannot reasonably be reviewed to determine whether it meets program criteria. If an application is determined to be ineligible pursuant to this rule, the application will be terminated. To the extent that the authority staff was able to complete a limited application review, specific reasons for the authority staff’s determination of ineligibility must be included in the termination letter to the applicant.

(h) An applicant, recipient, or an entity in which the applicant or recipient has or had a controlling interest, has an ownership interest, or exercises control of 1 or more rental housing properties in this state that is subject to a regulatory agreement or tax credit regulatory agreement with the authority but is in material noncompliance with the regulatory agreement or tax credit regulatory agreement as determined by authority staff.

(i) Any applicant submitting an application that includes financial participation by an individual who, during the 5-year period before the date of the bid or award, was convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of any disaster occurring after January 1, 2000, or was assessed a federal civil or administrative penalty in relation to the contract.

(j) An applicant submitting an application for proposals that cause or result in the permanent displacement of low-income, very low-income, or extremely low-income households. Low-income, very low-income, or extremely low-income households that may be temporarily displaced by the rehabilitation of affordable housing may be eligible for compensation of moving and relocation expenses, that must be paid by the housing and community development funding recipient. If a recipient violates the displacement or relocation provisions of subrule (2) of this rule, that recipient shall repay program money and the landlord or developer shall pay the affected parties' costs and all moving expenses.

PART 9A. APPLICATION, EVALUATION, AND PROGRAM

REQUIREMENTS

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.193 Application procedures and requirements {#sec-r-125.193 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.193}

Rule 193. (1) Applications received by the authority in response to a Michigan housing and community development program NOFA or RFP must be handled in the following manner:

(a) The authority staff shall accept applications on an ongoing basis during the application acceptance period as specified in the NOFA or RFP.

(b) Applications submitted and accepted by the authority are reviewed in the following manner:

(i) Authority staff shall review all applications for eligibility, threshold, and selection criteria and ensure that all application requirements are met.

(ii) Authority staff shall review applications to determine whether they comply with the NOFA or RFP and applicable law.

(iii) Authority staff may issue a notice of any administrative deficiencies related to applications reviewed.

(iv) Authority staff shall conduct a comprehensive review of financial feasibility for development activities proposed in any application determined acceptable under paragraphs (i) to (iii) of this subdivision.

(v) Authority staff shall create a report setting forth the recommended terms, amount, and any conditions related to the proposed loan, grant, or project.

(2) Upon completion of staff review and any associated resolution of any applicable administrative deficiencies, applications that the authority staff reviews and selects for award are recommended to the authority for approval. In accordance with section 21(6) of the act, MCL 125.1421, the authority may delegate approval of housing and community development program awards to the authority’s executive director.

(3) If the authority staff determines that an application contains deficiencies that require clarification or correction, the authority staff may request clarification or correction of the administrative deficiencies, including threshold, selection criteria documentation, and financial feasibility analysis.

(4) Requests for clarification or correction may be sent to the applicant in the form of a facsimile, e-mail, or be relayed to the applicant via a telephone call and documented in the application file.

(5) An applicant may not change or supplement any part of an application in any manner after submission to the authority, propose to increase the award amount, or revise the unit mix, as to income levels or bedroom-count mixes, or both, except to remedy an administrative deficiency identified by authority staff.

(6) The authority may decline to fund any application if the proposed activities do not, in the authority's sole determination, represent a prudent use of the housing and community development program funds. Authority staff may make this determination if application materials or terms are determined by staff to be unacceptable or unaligned with housing and community development program requirements.

(7) The authority is not obligated to proceed with any action pertaining to any applications that are received and may decide it is in the authority's best interest to refrain from pursuing any selection process.

(8) Authority staff may negotiate individual elements of any application, loan, or grant. Revision of application terms does not guarantee an award of funding.

(9) Authority staff may conduct a site review. Applicants shall receive recommendation for approval from the authority staff to be considered for funding by the authority.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.194 Evaluation criteria for funding; other program requirements {#sec-r-125.194 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.194}

Rule 194. (1) Requests for funding scoring the highest on the criteria explained in subrule (2) of this rule are most likely to be awarded funds.

(2) The following criteria are used in evaluating the responses to any Michigan housing and community development program NOFA or RFP:

(a) To be eligible for funding, an applicant shall first demonstrate that it meets each of the following threshold criteria:

(i) The application is consistent with the requirements established in the act, this rule, the NOFA, or the RFP.

(ii) If the application involves either a rental housing project or a home ownership project, the application requests funding for a project that sets aside not less than 20% of the rental units or housing units in the project for households earning not more than 60% of the area median income.

(iii) The application includes a letter of support from the highest-ranking elected official for each of the jurisdictions served by the proposed project.

(iv) The application meets the readiness to proceed requirements established in the NOFA or the RFP.

(v) Any outstanding housing and community development fund predevelopment loans for the same proposed development site must be paid in full at the time of loan closing for the current requested funds.

(b) Evaluation factors used to evaluate applications, as more fully described in a NOFA or RFP, includes, at a minimum, the following factors:

(i) The extent that the proposal or project represents the leveraging of program funds with additional, non-housing and community development fund sources.

(ii) The ability of the applicant or recipient, or both, to administer the funding award effectively and deliver results within program timelines.

(iii) The extent that the proposal or project helps meet any 25% earmark provided in the act for rental housing projects that do not qualify under preferences for special population groups, or other preferences contained in the allocation plan.

(iv) The extent that the proposal or project helps meet any 30% earmark provided in the act for projects that target extremely low-income households, including developing housing for the homeless, supportive housing, transitional housing, and permanent housing.

(v) The extent that the proposal helps meet any statutory requirement that a portion of the fund be expended for individuals with disabilities and individuals living in eligible distressed areas.

(3) Other Michigan housing and community development program requirements include the following:

(a) All uses of program funds must comply with the applicable income limitations contained in the act, these rules, the annual plan, the applicable NOFA or RFP, and any statements or representations made in any application or other documentation submitted as a part of any application, reporting, or other monitoring related to any award of program funds.

(b) A rental housing project assisted by the fund must set aside not less than 20% of the housing units in the project for households earning not more than 60% of the area median income.

(c) A home ownership project assisted by the fund must set aside not less than 20% of the housing units in the project for households earning not more than 60% of the area median income.

(d) If the housing funded by the program is rental housing, the owner or manager of the housing shall agree in writing not to evict a tenant without just cause, as that phrase is defined in section 44a of 1933 PA 18 (Ex. Sess.), MCL 125.694a.

(e) All assistance for housing and real property acquired or supported by program funds must include an agreement, restriction, or real covenant related to the recapture of program funds upon sale, conversion, or disposition of the property if the recapture provisions of these rules are triggered.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.195 Biennial plan; allocations; earmarks; carryover {#sec-r-125.195 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.195}

Rule 195. (1) Pursuant to the act, the authority staff shall biennially develop and propose, and the authority shall establish, a biennial plan related to the Michigan housing and community development program. The biennial plan must be issued pursuant to the requirements of the act and all of the following:

(a) The authority shall, as a part of the biennial plan, issue an allocation plan related to the disbursement of program funds.

(b) The authority's biennial plan and allocation plan must contain an allocation formula related to the disbursement of program funds.

(c) The following statutory earmark and lookback procedures apply to any biennial plan, allocation plan, and allocation formula, unless amended by statute:

(i) Not less than 25% of the dollars used for loans or grants made in any program year must be earmarked for rental housing projects that do not qualify under preferences for special population groups, or other preferences contained in the allocation plan.

(ii) Not less than 30% of the dollars used for loans or grants made in any program year must be earmarked for projects that target extremely low-income households and include housing for the homeless, supportive housing, transitional housing, or permanent housing.

(iii) A portion of the fund must be expended for housing for individuals with disabilities and individuals living in eligible distressed areas.

(2) After completion of any application receipt, review, selection, and approval process related to any biennial plan, allocation plan, or allocation formula in any program year, the authority staff shall look back and review the intended distribution of the program funds for that year and determine whether the earmark requirements in this rule and in the act will be met under the proposed distribution. If the earmark requirements are not met, and eligible applications meeting the earmark requirements are received, accepted, and have not otherwise been approved for funding, the authority staff shall revise the proposed distribution to comply with the applicable earmark requirements. The revised plan must be presented to and approved by the authority.

(3) Uncommitted funds at the end of any program year must be carried over and used under the applicable biennial plan, allocation plan, and allocation formula related to any subsequent program year.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.196 Reporting requirements; program periods; compliance monitoring; review; recapture {#sec-r-125.196 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.196}

Rule 196. (1) The following provisions regarding reporting apply:

(a) All recipients of program funds shall report back to the authority on a semiannual basis about their use of program funds in a manner provided by authority staff. The authority staff shall collect information from recipients to establish that the program funds are being spent correctly and to measure the results or performance of its spending against the objectives of the Michigan housing and community development program.

(b) The authority staff shall establish reporting forms that must be submitted by the recipients on a semiannual basis. These reports must include both a performance monitoring form and a financial monitoring form.

(c) The performance monitoring form must be signed by the chief executive officer or equivalent of the funding recipient and analyze the management performance of the recipient, specifically including a description of the following items:

(i) What was done with the program funds and whether it is consistent with the goals and strategies outlined in the application.

(ii) How well program activities were performed, including a discussion of how success or failure is measured.

(iii) What populations have benefited from the distribution of program funds, including details on results.

(d) The financial monitoring form must be signed by the chief financial officer, or equivalent, of the recipient and analyze the financial performance of the recipient. Program funds must be used in an efficient, effective, and appropriate manner, consistent with the Michigan housing and community development program objectives and priorities, including community needs. Program funds must also be appropriately and properly accounted for with documentation that adequate safeguards have been instituted by the recipient to ensure that there is no misuse of program funds.

(2) The following provisions apply to Michigan housing and community development program periods and extensions:

(a) The initial program period for any loan or grant awarded under the program is 2 years after the date of the award of program funds. All activities related to the use of program funds must be completed within this 2-year time frame. Any program money outstanding on the date that is 2 years after the date of the award is subject to the recapture provisions of this rule and must be immediately repaid to the authority.

(b) Recipients shall maintain compliance with each of its contracts and agreements with the authority.

(c) Recipients shall comply with any restrictions that are stated in and enforced through a regulatory agreement, grant agreement, or other legal documents associated with any award of program funds. These restrictions may include, but are not limited to, the following, for a term of years:

(i) Rent restrictions.

(ii) Record keeping and reporting.

(iii) Income targeting of tenants.

(d) Authority staff shall monitor compliance with project restrictions and any other covenants by recipients in any Michigan housing and community development program fund agreement. An annual compliance fee of up to $100.00 per unit may be charged for this review.

(3) Recapture of program funds must be accomplished as follows:

(a) The authority has the power to recapture or de-obligate program funds and program funding awards in certain circumstances. The power to recapture or de-obligate program funds may apply to entire awards or portions of awards. Recaptured or deobligated program funds must be re-deposited in the fund and used to make future awards in the current and next applicable program year or program funding round.

(b) The following reasons may justify the de-obligation or recapture of program funds:

(i) Inability of the applicant or recipient to effectively carry out the program activity and obligate the program funds within the initial program period 2-year timeline.

(ii) Inability of the applicant or recipient to make drawdowns of program funds on a regular and timely basis, such that the authority has grounds to question the overall viability of the project.

(iii) Substantial, significant, and lengthy noncompliance with the act, rules, NOFA, RFP, application, biennial plan, allocation plan, allocation formula, program funding agreement, applicable federal requirements, or other documentation or requirements related to any award. In making the decision on de-obligation or recapture in this instance, the authority staff shall consider whether or not the non-compliance is due to factors beyond the applicant's or recipient's control.

(iv) If the total cost of the anticipated program activity is less than the total cost anticipated in the application or other documentation provided by the applicant or recipient, or both, the authority may de-obligate the portion of the award exceeding the actual costs of the program activity.

(v) At the end of the initial program period and any approved extension of that period, the unspent funds remaining in the program account, project account, or other accounts related to the program activity must be recaptured and returned to the program fund.

(vi) The applicant or recipient, or both, voluntarily returns the program funds to the authority and ceases all program activity and reporting upon the return of program funds.

(vii) Other reasons justifying recapture or de-obligation approved by the authority, upon notice to the applicant or recipient, or both, of both the authority's consideration of a recapture or obligation decision and notice that the authority has approved a resolution or motion evidencing its decision to recapture or de-obligate the program funds.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.197 Hearings procedures {#sec-r-125.197 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.197}

Rule 197. Hearing procedures must include citizen participation as follows:

(a) The authority shall, through its staff, hold not less than 3 public hearings in separate locations throughout this state biennially on the program priorities for the upcoming 2-year period. The in-person hearings may include an option for virtual participation. At the hearings, the authority staff shall solicit comments from the public, eligible applicants, and administrators and development owners on the Michigan housing and community development fund and program rules, guidelines, and procedures.

(b) The authority shall consider the comments received at public hearings. Biennially, the authority shall review the performance, administration, and implementation of the Michigan housing and community development fund in light of public comment it receives.

The authority shall also review the biennial plan, allocation plan and allocation formula, funding goals, and earmarks relating to allocation and award of the Michigan housing and community development fund money.

(c) The authority shall submit an annual report to the governor and the legislature under section 58b(6) of the act, MCL 125.1458b. The authority shall include the statutorily required information in the annual report, and other information that the authority staff or authority board believe would enhance the understanding that the elected officials and citizens of this state have regarding the operation of the Michigan housing and community development program.

(d) After the applicable application deadline related to the NOFA or RFP, applications for the Michigan housing and community development funds are public information subject to release under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

History

• History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.198 Michigan housing and community development fund advisory committee {#sec-r-125.198 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.198}

Rule 198. Pursuant to Executive Reorganization Order No. 2009-24, MCL 125.1392, all of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Michigan housing and community development fund advisory committee authorized under MCL 125.1458e, were transferred by Type III transfer to the authority and the Michigan housing and community development fund advisory committee is abolished.

History

• History: 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.199 Records {#sec-r-125.199 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.199}

Rule 199. Records maintenance requirements for applicants and recipients include the following:

(a) In addition to any regular reporting obligations provided under R 125.193, applicants, recipients, or both are required to maintain records on each of the following issues and shall, upon the written request of the authority, submit information to the authority on any program activity or administration issues, which may include, but are not limited to, the following:

(i) Information as may be necessary to determine whether a project is benefiting lowincome, very low-income, and extremely low-income households.

(ii) The monthly rent or mortgage payment for each dwelling unit in each structure assisted.

(iii) Information as may be necessary to determine whether the applicant or recipient, or both, has carried out housing or community development activities in accordance with the requirements and primary objectives of the Michigan housing and community development fund program and implementing regulations.

(iv) The size and income of the household for each unit occupied by a low-income, very low-income, and extremely low-income households.

(v) Data on the extent to which any demographic groups and households of a type identified by the authority have applied for and benefited from any project or activity funded in whole or in part with funds made available under the Michigan housing and community development program. This data must be updated annually by the applicant or recipient.

(vi) A final statement of accounting upon completion of the project.

(vii) Other information reasonably within the applicant's or recipient's ability to determine and to report to the authority, requested by the authority, related to the grant or loan.

(b) Applicants and recipients shall maintain records pertinent to the tenant's files for not less than 3 years.

(c) Applicants and recipients shall maintain records pertinent to program grants or loans, or both, including, but not limited to, project costs and certification work papers for not less than 5 years.

(d) Applicants and recipients shall maintain records in an accessible location.

PART 10. IDENTITY OF INTEREST WITH VENDORS

TO AUTHORITY-FINANCED DEVELOPMENTS

History

• History: 2008 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.201 Applicability {#sec-r-125.201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.201}

Rule 201. The rules contained in this part apply to all transactions that involve the supply of goods and services to authority-financed housing developments between the owners or the management agents of the developments and vendors who supply goods or services to those developments.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.202 Identity of interest; "member of the family" defined {#sec-r-125.202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.202}

Rule 202. (1) Any contractual relationship between either an owner or management agent and a vendor described in subrule (2) of this rule constitutes an identity of interest.

(2) An identity of interest exists if any of the following conditions occurs:

(a) Either the owner or management agent, or any officer, director, stockholder, partner, or joint venturer of either the owner or management agent, has a financial interest in the vendor.

(b) Either the owner or management agent, or any officer, director, stockholder, partner, or joint venturer of either the owner or management agent, is also an officer, director, stockholder, partner, or joint venturer of the vendor.

(c) Either the owner or management agent, or any officer, director, stockholder, partner, or joint venturer of either the owner or management agent, is also the vendor.

(d) A member of the family of either the owner or management agent, or of any officer, director, stockholder, partner, or joint venturer of either the owner or management agent, is the vendor or an officer, director, stockholder, partner, or joint venturer of the vendor or has a financial interest in the vendor. As used in this part, "member of the family" means any individual who is related to the party in question by blood, marriage, or operation of law.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.203 Requirements for conducting business with identity of interest vendors {#sec-r-125.203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.203}

Rule 203. Owners and management agents shall conform to all of the following requirements when conducting business with vendors with whom there is an identity of interest:

(a) Both the owner and management agent shall inform the authority division of asset management of any proposed vendor with whom there is an identity of interest. The notification must be submitted concurrent with submission of the development operating budget, but at least once per year.

(b) The owner and management agent shall submit a certified disclosure for each proposed vendor with whom there is an identity of interest that lists the names of all of the following individuals:

(i) All owners and managers of vendors that are sole proprietorships.

(ii) All copartners or general partners of vendors that are copartnerships or limited partnerships.

(iii) All joint venturers of vendors that are joint ventures.

(iv) All directors, officers, and shareholders of vendors that are corporations.

(c) The certified disclosure must list, for each individual described in subdivision (b) of this subrule, the names of the individuals involved with the owner or management agent with whom there is an identity of interest and the extent or degree of the identity of interest.

The certified disclosure must also contain other information as the authority requires, such as the following:

(i) Federal tax identification number of all vendors with whom there is identity of interest.

(ii) The location of all offices that contain business records of the vendors with whom there is an identity of interest.

(iii) The names and addresses of the bookkeepers and accountants of the vendors with whom there is an identity of interest.

(d) The certified disclosure must be submitted on forms designated by the authority staff and be submitted together with the submission described in subdivision (a) of this subrule or, if the proposed vendor is not listed on the submission, when the owner or management agent requests approval to contract with a proposed vendor with whom there is an identity of interest.

(e) The owner and management agent shall submit, together with its certified disclosure, a copy of the organizational documents for each proposed vendor with whom an identity of interest is shared.

(f) The authority staff has the right to audit the books of the vendor with whom there is an identity of interest to determine whether amounts paid to identity of interest vendors were reasonable and whether there has been compliance with applicable restrictions on return. The owner, management agent, and proposed vendor shall acknowledge, in the certified disclosure, the authority's right to conduct such an audit.

(g) Both the owner and management agent shall submit to the authority a request for approval to use a proposed vendor with whom there is an identity of interest. Neither the owner nor management agent may contract for goods or services from any vendor with whom there is an identity of interest until the proposed vendor and contract amount is approved by the authority staff. If an owner or management agent enters into a contract for goods or services beyond the goods or services previously approved by the authority, or if the contract price increases beyond the prices previously approved by the authority, an additional approval must be requested of the authority.

(h) The authority staff may, upon a request from the owner or management agent and after review of the disclosure required pursuant to the provisions of subdivisions (b) to (f) of this subrule, determine that the identity of interest between the owner and agent is insignificant. If such a determination is made, the owner and management agent need not comply with the provisions of subdivision (i) of this subrule.

(i) Unless compliance with this subdivision is excused pursuant to the provisions of subdivision (h) of this subrule, all requests for approval of proposed vendors must be accompanied by a detailed explanation of the goods or services to be provided by the proposed vendor and not less than 3 bids for the goods and services. The 3 bids must include a bid from the vendor with whom there is an identity of interest.

(j) Requests for approval of a proposed vendor must be submitted concurrent with the submission of the development operating budget and any other time that the owner or management agent wishes to contract with a vendor with whom there is an identity of interest. However, a proposed vendor and contract amount need be approved only 1 time per operating year per development, unless the vendor supplies goods or services beyond the goods or services previously approved by the authority or the contract price increases beyond the prices previously approved by the authority.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.204 Sanctions; "excessive costs" defined {#sec-r-125.204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.204}

Rule 204. (1) As used in this rule, the term "excessive costs" means all costs that would not have been incurred by the development if the owner or management agent, or both, had exercised reasonable business judgment and obtained only those goods and services reasonably necessary for operation of the development at competitive prices.

(2) If an owner or management agent is found to be in violation of these rules concerning identity of interest, the authority, or the officers or employees to whom it may delegate authority, may impose the following sanctions in addition to other remedies available through contractual or grant documents, or at law or equity:

(a) On the first occurrence of a violation, either or both of the following sanctions may be imposed:

(i) The owner or management agent may be required to reimburse the development operating account for all excessive costs, as determined by the authority or the officers or employees to whom it may delegate authority, incurred as a result of the contract with the vendor with whom there is an identity of interest.

(ii) The owner and management agent found to be in violation may be prohibited from using any vendor with whom there is an identity of interest for a period of 1 year.

(b) For each violation after the first, the following sanctions may be imposed, as applicable:

(i) The owner or management agent may be required to reimburse the development operating account for all excessive costs, as determined by the authority or the officers or employees to whom it may delegate authority, incurred as a result of the contract with the vendor with whom there is an identity of interest.

(ii) If the violation involves a vendor who has an identity of interest with the management agent, either or both of the following sanctions may be imposed:

(A) The management agent's management agreement may be terminated, and the hiring of a new management agent is required.

(B) The vendor who shares the identity of interest with the management agent may be barred from doing business with other authority-financed developments managed by the same management agent.

(iii) If the violation involves a vendor who has an identity of interest with the owner, the owner and its management agent may be prohibited from doing business with that particular vendor at the development in question for a period of 5 years.

PART 11. DEBARMENT AND SUSPENSION FROM PARTICIPATION IN

AUTHORITY

PROGRAMS AND TRANSACTIONS

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.211 Applicability; sanctions {#sec-r-125.211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.211}

Rule 211. (1) The provisions of this part apply to any program or transaction funded or administered by the authority, including any of the following:

(a) Grants, assistance contracts, loans, subsidies, awards, loan service contracts, allocations, or contracts related to federal tax credits administered by the authority.

(b) Participation or agency contracts for authority programs.

(c) Professional or technical service contracts or subcontracts.

(2) Sanctions imposed pursuant to this part do not preclude a party from the purchase from the authority of housing developments or single-family homes that the authority has acquired through foreclosure or deed in lieu of foreclosure if the acquisition is on a cash basis or made with financing from sources other than the authority.

(3) Sanctions imposed pursuant to this part do not bar an individual from receipt of any funds, credits, or benefits, as administered by the authority, that the individual is otherwise entitled under federal or state law; however, this exception does not enable or authorize participation in the program involving the applicable funds, credit, or benefit beyond the mere receipt of the funds, credit, or benefit. This provision does not prevent sanctions under this part where the authority acts as program administrator and has the ability to impose additional requirements beyond those requirements of state or federal law as a prerequisite to receipt of the respective funds, credit, or benefit.

(4) Individuals are subject to the provisions of this part whether their involvement is as a contractor, participant, or one receiving funds directly or indirectly from a contractor or a participant. Individuals are subject to the provisions of this part whether or not the conduct for which a sanction is imposed occurred while the individual was engaged in an authority program or transaction. Individuals are subject to the provisions of this part whether their actions upon which a sanction is based were taken on their own behalf or on behalf of another individual.

(5) If a program participant is debarred or suspended by any federal agency from participation in any federal program, federal debarment and suspension proceedings and findings that result in debarment or suspension are effective as to any federal program that the authority participates in. The lack of a federal finding as to debarment or suspension does not prevent the authority from proceeding against an authority-administered federal program participant under this part.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.212 Definitions {#sec-r-125.212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.212}

Rule 212. Definitions provided for in part 1 of the authority’s rules, R 125.101 to R 125.103, apply to the provisions of this part unless superseded in this rule as follows:

(a) "Adequate evidence" means information that is sufficient to support a reasonable belief that a particular act, omission, or event has occurred.

(b) "Affiliate" means individuals or entities with whom a person shares an identity of interest as defined in part 10 of these rules.

(c) "Contractor" means an individual or entity that does either of the following:

(i) Performs or provides labor or professional or technical services or supplies goods to the authority pursuant to a contract or participation agreement.

(ii) Conducts business with the authority as the agent, representative, or subcontractor of another contractor.

(d) "Conviction" means a judgment of guilt in a criminal case by any court of competent jurisdiction, whether by verdict, guilty plea, or plea of nolo contendre, and whether or not the judgment was or is on appeal.

(e) "Debarment" means action taken to exclude a person from direct or indirect participation in any authority program or transaction whether as a contractor or participant.

(f) "Notice" means written communication delivered by personal service or sent either by certified mail, return receipt requested, or by commercial courier with verification of delivery.

(g) "Participant" means any person who directly or indirectly takes part in or is involved in an authority program or transaction other than as a contractor. Participant includes a person who receives benefits or income from or through another participant or contractor. A participant includes, but is not necessarily limited to, any of the following:

(i) Bonding companies.

(ii) Borrowers.

(iii) Builders.

(iv) Mortgagors.

(v) Management agents.

(vi) Marketing agents.

(vii) Owners of housing developments.

(viii) Recipients of authority subsidies or federal subsidies administered by the authority.

(ix) Grantees.

(x) Persons employed by, or offering services to, participants, such as any of the following:

(A) Architects.

(B) Accountants.

(C) Attorneys.

(D) Consultants.

(E) Engineers.

(F) Contractors to participants.

(G) Subcontractors of contractors to participants.

(h) "Person" means an individual, partnership, corporation, association, unit of government, or other form of legal entity, whether in good standing or otherwise.

(i) "Respondent" means the person against whom debarment or suspension is to be imposed.

(j) "Suspension" means an action that immediately excludes a person from direct or indirect participation in authority programs or transactions, whether as a participant or contractor, for a temporary period pending completion of an investigation or administrative or other legal proceeding.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.213 Debarment; causes {#sec-r-125.213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.213}

Rule 213. Debarment may be imposed for any of the following causes:

(a) Conviction of a criminal offense, including a conviction for an attempted criminal activity, or civil judgment for an offense or actions involving or indicating dishonesty, false pretense, or misrepresentation. Any following offenses may result in debarment:

(i) Fraud.

(ii) Bribery.

(iii) Embezzlement.

(iv) Forgery.

(v) Falsification of documents or records.

(vi) Theft.

(vii) Robbery.

(viii) Larceny.

(ix) Receiving and concealing stolen property.

(x) Obtaining goods, money, or services under false pretenses.

(xi) Negligent misrepresentation.

(xii) Price-fixing.

(xiii) Bid-rigging or other violation of federal or state laws involving the submission of bids or proposals.

(xiv) Violation of other federal or state law involving illegally obtaining or attempting to obtain public or private goods, services, or contracts.

(b) Violation of any federal, state, or authority law, rule, or regulation, whether or not in connection with an authority program or transaction, which indicates dishonesty, lack of business integrity, or willful or repeated failure to perform obligations in a responsible manner.

(c) Violation of any federal, state, or authority law, rule, or regulation, whether as a participant or contractor, in connection with either of the following, which indicates a willful or repeated failure to perform obligations in accordance with relevant laws, rules, and regulations:

(i) Application for participation in an authority program or transaction.

(ii) Participation in an authority program or transaction.

(d) Violation of 1 or more contracts or agreements, either public or private and that involves willful or repeated noncompliance with the terms and conditions of the contracts or agreements and indicates a failure or refusal to perform in a responsible manner.

(e) Debarment or equivalent exclusionary action by a public agency or instrumentality involving substantially the same causes as set forth in this rule.

(f) Loss or suspension of a license or the right to do business or practice a profession, the loss or suspension of which indicates dishonesty, a lack of integrity, or a failure or refusal to perform in accordance with the ethical standards of the business or profession in question.

(g) Violation of federal, state, or local civil rights, equal rights, or nondiscrimination laws, ordinances, rules, or regulations.

(h) Violation of provisions in contracts or agreements concerning nondiscrimination or equal opportunity in employment, housing, or lending.

(i) Violation of law, rule, regulation, or provision of contract or agreement involving conflict of interest or an improper shared identity of interest.

(j) Other events, conduct, or causes serious enough to lead to a determination of dishonesty, a lack of business integrity, or willful or repeated failure to perform obligations in a responsible manner.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.214 Debarment procedures {#sec-r-125.214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.214}

Rule 214. (1) Debarment procedures must be initiated by an authorized officer.

Procedures will commence with the authority staff sending a notice of debarment to the respondent.

(2) A notice of debarment must be sent to each respondent and contain all of the following information:

(a) That debarment is being proposed.

(b) The acts or omissions that are the grounds that debarment is based on.

(c) The particular provisions of laws, regulations, rules, and program requirements involved.

(d) The opportunity for the respondent to request and schedule a hearing on the debarment.

(e) The potential effects of debarment.

(3) A respondent that receives a notice of debarment is entitled to a hearing on the issue. The hearing must be conducted in accordance with R 125.111 and the provisions of the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, which governs all of the following:

(a) Choice and scope of authority of hearing officers.

(b) Rules of conduct and evidence for hearing.

(c) Decisions of hearing officers.

(d) Burdens or levels of proof required.

(e) Rights of administrative and judicial appeal.

(4) If the official who is to make the final decision has not heard the contested case or read the record, the decision, if adverse to the respondent, must not be made until a written proposal for decision is sent to all parties by the hearing officer who has heard the contested case or read the record. Any party who is adversely affected has 10 days after from issuance of the proposal for decision to file written exceptions and arguments. If written exceptions or arguments are not submitted within 10 days, there will be no further proceedings before the issuance of a final decision.

(5) The final decision of the authority, as issued by an authorized officer, must be issued within 60 days after the date of the hearing or, if a proposal for decision is required pursuant to the provisions of subrule (4) of this rule, within 60 days after the closing date for submission of written exceptions to the proposal for decision, whichever is later.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.215 Debarment; duration {#sec-r-125.215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.215}

Rule 215. Debarment is for a period of time commensurate with the acts or omissions of the person to be debarred. In general, a person may not be debarred for more than 3 years. However, if the offense is egregious, a longer period of debarment may be imposed.

If a person is suspended pursuant to these rules before debarment, the period of debarment must be reduced by the period of time that the person has been suspended.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.216 Debarment; scope and effect {#sec-r-125.216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.216}

Rule 216. (1) The decision to debar a person must specify the scope of debarment. A person may be debarred from 1 or more particular authority programs or transactions or from all authority programs and transactions.

(2) The decision to debar a person, unless prohibited by law, may terminate existing contracts or agreements between the debarred persons and other nondebarred participants or contractors. However, the decision to debar may allow the contracts or agreements to remain in effect. A participant or contractor may not renew or extend a contract or agreement with a debarred person.

(3) A decision to debar a person may also serve to debar any affiliate of the person, if the affiliate is named in the notice to debar and given an opportunity to participate in the debarment hearing. There need not be shown any participation in or knowledge of the improper conduct, by the affiliate, that led to the decision to debar.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.217 Debarment; time limitations {#sec-r-125.217 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.217}

Rule 217. A notice of proposed debarment must be issued within 3 years after the later of either of the following:

(a) Criminal conviction or civil judgment.

(b) Completion of administrative proceedings, investigation, or other action.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.218 Reinstatement after debarment {#sec-r-125.218 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.218}

Rule 218. (1) Debarred participants or contractors may not resume participation in authority programs or transactions until expiration of the period of debarment or until a petition for early reinstatement is submitted and approved by an authorized officer of the authority, whichever occurs first.

(2) Petitions for early reinstatement must be submitted as follows:

(a) Upon discovery of new evidence that was not previously discoverable or upon the dismissal of criminal charges or a civil or administrative action, the reversal of a criminal conviction or a civil judgment, or the reversal of the debarment or other exclusion imposed by another governmental agency, that the authority debarment was based on.

(b) Upon a bona fide change in ownership or management of the person debarred.

(c) Upon proof that the causes for debarment have been eliminated.

(3) A petition for early reinstatement may be submitted as follows:

(a) Immediately after the occurrence of events set forth in subrule (2)(a) of this rule.

(b) Not less than 6 months after the issuance of a final decision of debarment if the petition is based upon reasons set forth in subrule (2)(b) and (c) of this rule.

(4) The petition for early reinstatement must be submitted to the official who issued the final decision to debar, or to the official’s successor. The petition must be accompanied by written evidence that supports the request. The official who issued the final decision may request a written response to the petition from the authorized officer that initiated the debarment proceedings. There is no hearing upon a petition for early reinstatement unless ordered by the official ruling upon the petition. The official may refer a petition for early reinstatement, together with evidence submitted in connection with or in response to the petition, to a hearing officer for review and written recommendation.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.219 Suspension; causes {#sec-r-125.219 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.219}

Rule 219. Suspension may be imposed, pursuant to the provisions of this rule, if adequate evidence of any of the following exists:

(a) That the person has committed an offense set forth in R 125.213(a). Either of the following events shall, by itself, constitute adequate evidence for imposing suspension:

(i) Indictment for an offense listed in R 125.213(a).

(ii) Arraignment on the information in circuit court, or an equivalent state court in a state other than this state, for an offense listed in R 125.213(a). However, adequate evidence may exist although neither of the events listed in paragraphs (i) and (ii) of this subdivision has occurred.

(b) That cause for debarment under R 125.213 exists.

(c) Suspension or debarment by a federal agency or another state agency for any cause.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.220 Suspension; procedures {#sec-r-125.220 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.220}

Rule 220. (1) Suspension procedures must be initiated by an authorized officer.

Procedures commence with sending a notice of suspension to the respondent.

(2) A notice of suspension must be sent to each respondent and contain all of the following information:

(a) That suspension is proposed.

(b) The acts, events, or omissions the suspension is based on.

(c) The particular provisions of law, regulation, rules, or program requirements involved.

(d) When the suspension becomes effective. The suspension may be made effective immediately if the authorized officer determines that an exigent need to cease activity is necessary to protect the public health, safety, or welfare.

(e) The opportunity to request and schedule a hearing on the suspension.

(f) The potential effects of suspension.

(3) A respondent that receives a notice of suspension is entitled to a hearing on the issue. The hearing must be conducted in accordance with the provisions of R 125.11 and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, which governs all of the following:

(a) Choice and scope of authority of hearing officers.

(b) Rules of conduct and evidence for hearing.

(c) Decisions of hearing officers.

(d) Burdens or levels of proof required.

(e) Rights of administrative and judicial appeal.

(4) If the official who makes the final decision has not heard the contested case or read the record, the decision, if adverse to the respondent, must not be made until a written proposal for decision is sent to all parties by the hearing officer who heard the contested case or read the record. Any party who is adversely affected has 10 after days from the issuance of the proposal for decision to file written exceptions and arguments. If written exceptions or arguments are not submitted within 10 days, there shall be no further proceedings before the issuance of a final decision.

(5) The final decision of the authority, as issued by an authorized officer, must be issued within 60 days after the date of the hearing or, if a proposal for decision is required pursuant to the provisions of subrule (4) of this rule, the closing date for submission of written exceptions to the proposal for decision, whichever is later.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.221 Suspension; scope and effect {#sec-r-125.221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.221}

Rule 221. (1) A suspension must specify the scope of suspension. A person can be suspended from 1 or more particular authority programs or transactions or from all authority programs and transactions.

(2) The suspension may, unless prohibited by law, suspend the operation of existing contracts or agreements between the suspended persons and other nonsuspended participants or contractors. However, the decision may allow such contracts or agreements to remain in effect. A participant or contractor shall not renew or extend a contract or agreement with a suspended person.

(3) A suspension may also serve to suspend any affiliate of such person, if any such affiliate is named in the notice of suspension and given an opportunity to participate in the hearing. There need not be shown any participation in or knowledge of the improper conduct, by the affiliate, that led to the decision to suspend.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.222 Suspension; duration {#sec-r-125.222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.222}

Rule 222. (1) Suspensions are for a temporary period pending the completion of the specified legal proceeding, administrative action, investigation, or other such event.

(2) A suspension becomes effective upon the suspension date indicated in the notice provided pursuant to R 125.220. The suspension continues until the authority issues a final decision following a hearing, if a hearing is requested, on the notice of suspension, which may lift or continue the suspension on such terms determined by the authorized officer..

(3) A suspension remains effective, unless overruled by the final decision following a hearing on a notice of suspension, until the expiration of the stated period of suspension or a petition for early reinstatement is granted, whichever occurs first.

(4) In cases based solely upon an alleged or suspected violation of federal or state law, a suspension terminates within 12 months, unless 1 of the following actions is initiated:

(a) Criminal prosecution.

(b) Civil action.

(c) An administrative hearing or action for the alleged or suspected violation of law and issuance of a final decision and order, which may lift or continue the suspension on such terms determined by the authorized officer issuing the final decision.

History

• History: 1991 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.223 Suspension decision; time limitation {#sec-r-125.223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.223}

Rule 223. A notice of suspension must be issued within 3 years after either of the following:

(a) Criminal conviction or finding of liability as a result of civil action or administrative action.

(b) Completion of the investigation or similar process that establishes the basis for the suspension.

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.224 Reinstatement after suspension {#sec-r-125.224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.224}

Rule 224. (1) Suspended participants or contractors may not resume participation in authority programs or transactions until the expiration of the stated period of suspension or a petition for early reinstatement has been submitted and approved by an authorized officer, whichever occurs first.

(2) Petitions for early reinstatement may only be submitted as follows:

(a) Upon discovery of new evidence that was not previously discoverable, or upon the dismissal of criminal charges or civil or administrative action, the reversal of a criminal conviction or civil judgment, or the reversal of the suspension, debarment, or other exclusion imposed by another government agency, upon which the authority suspension was based.

(b) Upon a bona fide change in ownership or management of the person suspended.

(c) Upon proof that the causes for suspension have been eliminated.

(3) A petition for early reinstatement may be submitted immediately after the occurrence of the events set forth in subrule (2) of this rule.

(4) The petition for early reinstatement must be submitted to the official who issued the final decision of suspension or to his or her successor. The petition must be accompanied by written evidence in support. The official who issued the final suspension decision may request a written response to the petition from the authorized officer that requested initiation of the suspension proceedings. There may not be a hearing upon a petition for early reinstatement unless ordered by the official ruling upon the petition. The official may refer a petition for early reinstatement, together with evidence submitted in connection or in response to the petition, to a hearing officer for review and written recommendation.

PART 12. BROWNFIELD REDEVELOPMENT FINANCING ACT

ACTIVITIES

History

• History: 1991 AACS; 2023 AACS.

Mich. Admin. Code R 125.225 Review of brownfield plans {#sec-r-125.225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.225}

Rule 225. Authority staff shall propose to the authority criteria for the evaluation of plans submitted to the authority pursuant to the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670. Upon adoption of the criteria, authority staff shall analyze, and approve or deny, plan submissions according to the criteria, and report on brownfield redevelopment and tax increment financing activity to the authority no less than quarterly.

History

• History: 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 125.227 Coordination with brownfield redevelopment oversight agencies {#sec-r-125.227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 125.227}

Rule 227. The executive director and authority staff shall ensure that the authority’s guidance, documents, and reporting requirements regarding the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670, and tax increment financing align with that of the department, of environment, Great Lakes, and energy, or its successor agency, and the Michigan Strategic Fund, or its successor agency.

History

• History: 2026 MR 11, Eff. June 8, 2026.

Michigan Strategic Fund Michigan Strategic Fund

R 206.151 to R 206.160 Historic Preservation Certification

Mich. Admin. Code R 206.151 Purpose {#sec-r-206.151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.151}

DEPARTMENT OF STATE

MICHIGAN HISTORICAL CENTER

HISTORIC PRESERVATION CERTIFICATION

(By authority conferred on the department of state by section 266 of 1967 PA 281, MCL 206.266 and section 39c of 1975 PA 228, MCL 208.39c)

Rule 1. The purpose of these rules is to prescribe the procedures whereby a taxpayer may request certification of historic significance, a rehabilitation plan, and a completed rehabilitation of a historic resource before seeking a tax credit.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.152 Definitions {#sec-r-206.152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.152}

Rule 2. (1) As used in these rules:

(a) "Federal secretary" means the United States secretary of the interior, or a designee authorized by the secretary, in the course of carrying out the secretary's responsibilities to certify historic significance, rehabilitation plans, and rehabilitation work under federal law.

(b) "Inspection" means a visit by an authorized representative of the center to a certified or potentially certified historic resource for the purposes of reviewing and evaluating the significance of the historic resource or the ongoing or completed rehabilitation or for the purpose of determining whether an unapproved alteration to the completed rehabilitation was made during the 5 years after the tax year in which a tax credit was claimed.

(c) "Michigan historical center" or "center" means the state historic preservation office of the Michigan historical center of the department of state or its successor agency.

(d) "Owner" means a person, partnership, corporation, or public body holding a fee simple interest in a resource or any (e) "Rehabilitation" means the process of returning a building, structure, or other historic resource to a useful state, through repair or alteration, which makes possible an efficient or a functional use while preserving the portions and features of the historic resource that are significant to its historical, architectural, and cultural values.

(f) "Standards and guidelines" means the federal secretary's standards for rehabilitation and guidelines for rehabilitating historic buildings set forth in, and authorized by, 36 C.F.R. section 67.7.

(g) "Tax credit" means a credit against a federal tax as allowed by section 47(a)(2) of the internal revenue code of 1990, 26 U.S.C. section 47, or against a state tax as allowed by section 266 of 1967 PA 281, MCL 206.266, or section 39c of 1975 PA 228, MCL 208.39c.

(2) A word or term defined in section 266 of 1967 PA 281, MCL 206.266, or section 39c of 1975 PA 228, MCL 208.39c, has the same meaning when used in these rules.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.153 Preliminary information {#sec-r-206.153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.153}

Rule 3. A person who owns or leases a resource which the person believes to be a historic resource and which, if rehabilitated, could qualify the person for a tax credit may communicate with the Michigan historical center and request information on a preliminary basis with respect to whether the resource is historic, whether a rehabilitation plan appears to conform with standards and guidelines, or whether completed rehabilitation appears to conform with standards and guidelines.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.154 Certification; historic significance {#sec-r-206.154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.154}

Rule 4. (1) A person who is eligible to apply for a tax credit shall first submit an application to the center for certification of historic significance of the person's possible historic resource. If the person is eligible to claim a federal tax credit or both federal and state tax credits, then the person shall apply on a historic preservation certification application prescribed by the national park service. The person shall also file, at the same time, a declaration of location and other project information prescribed by the Michigan historical center. If the person is eligible to claim a state tax credit exclusively, then the person shall apply only on a historic preservation certification application prescribed by the center. The person shall file 2 copies of each application and declaration.

(2) An application shall contain the information requested in the application.

The application shall include, but is not limited to, all of the following information:

(a) Name and mailing address of each owner or long-term lessee, if any, seeking the credit.

(b) Common modern name and historic name, if any, of the resource.

(c) Address of the resource.

(d) Name of the historic district, if applicable.

(e) All of the following photographs:

(i) Current photographs of the resource.

(ii) Photographs of the building or structure, site, and landscaping before alteration.

(iii) Photographs showing the property in conjunction with adjacent properties and structures along the streetscape.

(iv) A photograph of each distinct interior space, such as a room, and each significant interior feature.

(f) A brief description of the resource, including major alterations, distinctive features and spaces, and dates of construction activity.

(g) A brief statement of significance, summarizing how the resource reflects historical values, including the values that may give a designated historic district its distinctive character.

(h) A map clearly locating the resource in a local unit or in an established historic district.

(i) The social security number or federal taxpayer identification number of each applicant.

(j) The signature of each applicant.

(3) Together with the application, an applicant shall submit only attachments that the center deems necessary to perform an evaluation and a determination. The center shall notify an applicant, in writing, if additional information or materials are required. If the center notifies the applicant of the need for additional information or materials, then the center shall refrain from processing the application until the requested information or materials, or both, have been furnished.

(4) Upon receipt of a complete and adequately documented application and a declaration, if applicable, the center, within 45 days of receipt, shall review the submission to determine the eligibility of a possible historic resource for participation in the federal or state tax credit program, or both. The center shall also evaluate the significance and status of the possible historic resource, including whether it qualifies as a historic resource for purposes of the federal and state tax credit programs.

(5) Upon completion of an evaluation and determination of historic significance, including an evaluation of whether a resource is a historic resource and, if so, whether the historic resource is located in an eligible location, the center shall directly, or through the federal secretary, notify the applicant, in writing, of its determination on the application for historic significance certification.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.155 Certification; rehabilitation plan {#sec-r-206.155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.155}

Rule 5. (1) To initiate a review of a rehabilitation plan for certification purposes, a person shall complete part 2 of the historic preservation certification application prescribed by the national park service or part 2 of the historic preservation certification application prescribed by the Michigan historical center, whichever is appropriate, and submit 2 copies of the application to the center. The applicant shall pay the fee as prescribed in 36 C.F.R. section 67.11 for a federal application before receipt of a certification on part 2 of a federal application. In each instance, the applicant shall attach to the application adequate supporting documentation and photographs deemed sufficient by the center to document the interior and exterior appearance of a structure, its site, and environment before the commencement of rehabilitation. The applicant shall furnish any additional documentation, such as window surveys or masonry cleaning specifications, requested by the center. In addition, the applicant shall include the applicant's social security number or federal taxpayer identification number, as appropriate, on the application.

Each applicant shall sign the application. Verification of the resource's state equalized value shall accompany the application. Plans for adjacent, attached, or related new construction shall also accompany the application.

(2) Upon receipt of a complete and adequately documented part 2 of an application as described in subrule (1) of this rule, the center within 45 days shall review the submission to determine whether the applicant's rehabilitation plan meets the federal secretary's standards and guidelines. If the center deems that additional information or documentation is needed to evaluate the submission, then the center shall notify the applicant in writing and shall refrain from processing the application until the information or documents, or both, have been furnished. To qualify for certification, a proposed rehabilitation plan shall comport with each element of the secretary's 10 standards, to the extent applicable.

(3) If the application is prescribed by the center and the center determines that a rehabilitation plan does not meet the federal secretary's standards and guidelines, then the center shall notify the applicant, in writing, of the determination. Where possible, the center shall also advise the applicant, by means of an explanatory letter, of the revisions necessary to meet the standards and guidelines. An applicant, upon receipt of written notice, may revise the rehabilitation plan and resubmit a revised proposed plan to the center. The center shall refrain from processing the application further until the necessary revisions have been made and furnished.

(4) If the center determines that a rehabilitation plan meets the federal secretary's standards and guidelines, then the center shall directly, or through the federal secretary, notify the applicant, in writing, of the determination.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.156 Certification; completed rehabilitation {#sec-r-206.156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.156}

Rule 6. (1) To initiate a review of completed rehabilitation, a person shall complete the "request for certification of completed work" portion of the historic preservation certification application prescribed by the national park service or the comparable portion of the historic preservation certification application prescribed by the Michigan historical center, whichever is appropriate, and submit 2 copies of the application to the center. The applicant shall pay the fee as prescribed in 36 C.F.R section 67.11 for a federal application or as prescribed in R 206.157 for a state application, whichever is appropriate, before issuance of a certification regarding completed rehabilitation. The application shall include the project completion date, the social security number or federal taxpayer identification number of the applicant, and a signed statement that the completed rehabilitation is consistent with part 2 of the application and meets the federal secretary's standards and guidelines. The application shall be accompanied by photographs adequate to document the completed rehabilitation.

(2) Upon receipt of a complete and adequately documented request for certification of completedwork and other items as described in subrule (1) of this rule, the center, within 45 days of receipt, shall perform a review to determine whether the completed rehabilitation conforms with the rehabilitation plans and plan amendments, if any, and meets the federal secretary's standards and guidelines. The center shall determine conformance to the standards and guidelines on the basis of application documentation and other available information showing the historic resource as it existed in its historic setting. To qualify for certification, the completed rehabilitation work shall comport with each element of the secretary's 10 standards, to the extent applicable.

(3) If the center determines that the rehabilitation does not meet the federal secretary's standards and guidelines, then the center, directly or through the federal secretary, shall notify the applicant of the determination in writing. The center may require changes in the rehabilitation that enable the rehabilitation to meet the federal standards and guidelines. The center shall refrain from processing the application further until the required changes in the rehabilitation have been made.

(4) If the center determines that the rehabilitation meets the federal secretary's standards and guidelines, then the center shall, directly or through the federal secretary, notify both the applicant and the Michigan department of treasury of the determination.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.157 Fees {#sec-r-206.157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.157}

Rule 7. (1) An applicant who submits a historic preservation certification application prescribed by the national park service is responsible for the payment of fees in the amount, and to the office, prescribed in 36 C.F.R. section 67.11.

(2) An applicant who submits a historic preservation certification application prescribed by the Michigan historical center is responsible for payment of fees in the amount, and to the office, prescribed in subrule (3) of this rule. An applicant shall not make payment until the center requests payment. An applicant shall make a check or other instrument payable to the "State of Michigan." The center shall not make a certification decision until the appropriate remittance has been received. All fees are nonrefundable.

(3) An applicant shall remit fees to the center on the basis of the following fee schedule:

Fee Size of rehabilitation No fee $0.00 to $999.00. $25.00 $1,000.00 to $3,999.00. $100.00 $4,000.00 to $9,999.00. $250.00 $10,000.00 to $19,999.00. $500.00 $20,000.00 to $99,999.00. $800.00 $100,000.00 to $499,999.00. $1,500.00 $500,000.00 to $999,999.00. $2,500.00 $1,000,000.00 or more.

(4) An applicant who submits a declaration of location as prescribed in R 206.154 shall submit a processing fee of $25.00. An applicant shall make a check or other instrument payable to the "State of Michigan." All processing fees are nonrefundable.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.158 Inspection; revocation {#sec-r-206.158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.158}

Rule 8. (1) The center may conduct an inspection of a historic resource at any reasonable time within 5 years after completion of rehabilitation.

(2) The center may issue a revocation of a certification, after giving the applicant 30 days' written notice, if the center determines that a rehabilitation was not undertaken in conformity with the federal secretary's standards and guidelines or if the applicant, after obtaining certification, undertook further unapproved work inconsistent with the standards and guidelines. The center shall notify the department of treasury of a revocation issued under this subrule. The department of treasury shall determine the Michigan tax consequences of a revocation of certification, if any. An applicant may appeal a revocation of certification under this subrule under R 206.159.

(3) The owner or lessee of a certified historic resource shall notify the center if a property has been damaged, altered, or otherwise substantially changed after issuance of a certification of historic significance. Upon receipt of notice and upon further investigation, the center may issue a revocation of historic certification. The center shall furnish a copy of the revocation of certification to the department of treasury. The department of treasury shall determine the Michigan tax consequences of a revocation of certification, if any. The owner or lessee of a resource may appeal a revocation of certification under this subrule under R 206.159.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.159 Appeals {#sec-r-206.159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.159}

Rule 9. (1) A person may appeal a denial of an application for certification submitted under these rules or a revocation issued under R 206.158. If the appeal involves a historic preservation certification application prescribed by the national park service, then the appellant shall follow the procedures set forth in 36 C.F.R. section 67.10. If the appeal involves a historic preservation certification application, letter of declaration prescribed by the Michigan historical center, or a revocation issued under R 206.158, then the appellant shall follow the procedures prescribed in this rule.

(2) To file an appeal under this rule, an appellant shall submit a written appeal that specifically states the word appeal and identifies the reason or reasons for reversal of the denial. For an appeal to be considered, the appellant shall file the appeal within 60 days of the appellant's receipt of the decision that is the subject of the appeal. The appeal shall be addressed to the Chief Appeals Officer, Michigan Historical Center, Michigan Department of State, 717 W. Allegan Street, Lansing, MI 48918-1800. All information, records, and other materials that the appellant wants considered shall accompany the written appeal.

(3) The chief appeals officer shall contact the center and obtain a copy of the center's official file on the application at issue. The officer shall consider all of the following, but shall not conduct a hearing:

(a) The center's file.

(b) All written submissions from the appellant.

(c) All pertinent standards and guidelines affecting the historic resource.

(d) Any other available information.

(4) Within 60 days, the officer shall prepare a written decision and shall furnish a copy of the decision to the appellant and the center. An appeal constitutes an administrative review of the denial and is not conducted as a contested case proceeding.

(5) When considering an appeal, the chief appeals officer shall assess alleged errors in professional judgment and other alleged prejudicial errors of fact or law. The officer may base a decision in whole or in part on matters or factors not addressed in the appealed decision. When rendering a decision, the officer may do 1 of the following:

(a) Reverse the appealed decision.

(b) Affirm the appealed decision.

(c) Resubmit the matter for further consideration.

(6) The decision of the chief appeals officer is the final decision on the appeal. A person may not be deemed to have exhausted his or her administrative remedies with respect to the certifications governed by these rules until the chief appeals officer has issued a final administrative decision under these rules.

History

• History: 1998 - 2000 AACS.

Mich. Admin. Code R 206.160 Sale or transfer of resource; notification {#sec-r-206.160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.160}

Rule 10. If a person has received a certification under these rules and sells or otherwise transfers the person's historic resource within 5 years of receipt of certification, then the person shall notify the Michigan historical center and the department of treasury of the sale or transfer.

History

• History: 1998 - 2000 AACS.

R 206.201 to R 206.212 Historic Preservation Certification

Mich. Admin. Code R 206.201 Purpose {#sec-r-206.201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.201}

MICHIGAN STRATEGIC FUND

STATE HISTORIC PRESERVATION OFFICE

HISTORIC PRESERVATION CERTIFICATION

(By authority conferred on the state historic preservation office by sections 266a and 676 of the income tax act of 1967, 1967 PA 281, MCL 206.266a and 206.676)

Rule 201. The purpose of these rules is to prescribe the procedures whereby a qualified taxpayer may request all of the following in order to qualify for a tax credit under the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.713:

(a) A certification of historic significance.

(b) Certification of a rehabilitation plan.

(c) Certification of a completed rehabilitation of a historic resource.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.202 Definitions {#sec-r-206.202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.202}

Rule 202. (1) As used in these rules:

(a) “Act” means the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.713.

(b) “Applicant” means a qualified taxpayer or taxpayers making application for the tax credits.

(c) “Compliance period” means the 5-year period beginning on the date a certificate of completed rehabilitation is issued.

(d) “Federal Secretary” means the United States Secretary of the Interior, or a designee authorized by the Secretary, in the course of carrying out the Secretary's responsibilities to certify historic significance, rehabilitation plans, and rehabilitation work under federal law.

(e) "Inspection" means a visit by an authorized representative of the office to a certified or potentially certified historic resource for the purposes of reviewing and evaluating the significance of the historic resource or the ongoing or completed rehabilitation or for the purpose of determining whether an unapproved alteration to the completed rehabilitation was made during the 5-year compliance period.

(f) “In writing” means written comments provided via first class mail, certified mail, or email.

(g) “Project types” means owner-occupied residential resources, small nonresidential historic resources, and large nonresidential historic resources as those terms are defined in the act.

(h) “Property” means 1 or more historic resources located on 1 or more parcels under the control of a common owner where the structures are judged by the office to have been functionally related historically to serve an overall purpose, such as a mill complex or a residence and carriage house.

(i) "Rehabilitation" means the process of returning a historic resource to a useful state, through repair or alteration, that makes possible an efficient or a functional use while preserving the portions and features of the historic resource that are significant to its historical, architectural, and cultural values.

(j) “Returned to service” means the date on which, based on all the facts and circumstances, either of the following occurs:

(i) The historic resource has reached a degree of completion that would permit its operation at substantially its designed level, even though it is not in operation.

(ii) The historic resource is, in fact, in operation at substantially its designed level.

(k) "Standards and guidelines" means the Federal Secretary's standards for rehabilitation and guidelines for rehabilitating historic buildings set forth in, and authorized by 36 CFR part 67.

(l) "Tax credit" means a credit against a federal tax as allowed by section 47(a)(2) of the internal revenue code of 1990, 26 USC 47, or against a state tax as allowed by section 266a or section 676 of the act, MCL 206.266a and 206.676.

(m) “Year” means a calendar year beginning January 1 and ending December 31.

(2) A term defined in the act has the same meaning when used in these rules.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.203 Preliminary information {#sec-r-206.203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.203}

Rule 203. A qualified taxpayer who owns or holds a long-term lease for a resource that they believe is a historic resource and, if rehabilitated, could qualify them for a tax credit, may communicate with the office and request information on a preliminary basis with respect to whether the resource appears to be historic, whether a rehabilitation plan appears to conform with standards and guidelines, or whether completed rehabilitation appears to conform with standards and guidelines. Preliminary comments are not binding on the office, nor do they replace any formal reviews prescribed by these rules.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.204 Certification; historic significance {#sec-r-206.204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.204}

Rule 204. (1) An applicant shall submit an application to the office for certification of historic significance of the possible historic resource. If the applicant is eligible to claim only a federal tax credit, then the applicant shall apply on a historic preservation certification application prescribed by the National Park Service. If the applicant is eligible to claim both a federal and state tax credit, then the applicant shall apply on a historic preservation certification application prescribed by the National Park Service and file a state part 1 application, remit the state fee as prescribed in R 206.209, and provide any other project information prescribed by the office. If the applicant is eligible to claim only a state tax credit, the applicant shall apply only on a historic preservation certification application state part 1, remit the state fee as prescribed in R 206.209, and provide any other project information prescribed by the office. An applicant may seek state part 1 certification on the basis that a property is individually eligible for listing in the National Register of Historic Places.

(2) A state part 1 application must include all of the following:

(a) Applicant name, business entity’s name, mailing address, phone number, and email of each owner or long-term lessee seeking the credit, if any.

(b) Common modern name and historic name of the resource, if any.

(c) Address of the resource.

(d) Name of any historic district in which the resource is located, if applicable.

(e) For any historic resources not individually listed in the National Register of Historic Places, current photographs of the resource detailing the following:

(i) The historic resource, site, and landscaping before alteration.

(ii) The historic resource in conjunction with adjacent properties and structures along the streetscape.

(iii) All interior spaces, such as a room, and each significant interior feature.

(f) For any historic resource not individually listed in the National Register of Historic Places or seeking a preliminary determination of individual eligibility, all of the following must be provided:

(i) A brief description of the resource, including major alterations, distinctive features and spaces, and dates of construction activity.

(ii) A brief statement of significance, summarizing how the resource reflects historical values, including the values that may give a designated historic district its distinctive character.

(iii) A map clearly locating the resource in a local unit or in an established historic district.

(iv) A letter or letters from the office indicating that all of the following has been met:

(A) A National Register of Historic Places preliminary questionnaire has been received by the office.

(B) The National Register of Historic Places preliminary questionnaire has been reviewed by the office.

(C) The resource appears to be individually eligible for listing in the National Register of Historic Places.

(g) The social security number or federal taxpayer identification number of each applicant.

(h) The signature of each applicant.

(i) A completed declaration of location form if the resource is located within a local historic district.

(j) Any other information requested by the office.

(k) The state review fee as prescribed in R 206.209.

(3) In addition to all the state part 1 application requirements described under subrule (2) of this rule, an applicant shall submit any attachments that the office determines are necessary to perform its evaluation and determination. The office shall notify an applicant, in writing, if additional information or materials are required. The office shall not process the application until the requested information or materials are furnished by the applicant to the satisfaction of the office.

(4) Upon receipt of a complete and adequately documented application, the office shall review the submission to determine the eligibility of a possible historic resource for participation in the federal or state tax credit program, or both.

(5) Within 120 days of receipt of a complete application, the office shall provide written notification to the applicant of its determination on the application for historic significance certification.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.205 Certification; rehabilitation plan {#sec-r-206.205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.205}

Rule 205. (1) To initiate a review of a rehabilitation plan for certification purposes, an applicant with an approved state part 1 application shall submit a state part 2 application to the office for the historic resource. An applicant may submit a state part 1 and 2 application simultaneously, but the office will not review the state part 2 application until it has determined that the state part 1 applications is complete, and the property is a qualified historic resource. If the applicant is eligible to claim only a federal tax credit, then the applicant shall apply on a historic preservation certification application prescribed by the National Park Service. If the applicant is eligible to claim both a federal and state tax credit, then the applicant shall apply on a historic preservation certification application prescribed by the National Park Service and file a state part 2 application, remit the state fee as prescribed in R 206.209, and provide any other project information prescribed by the office. If the applicant is eligible to claim only a state tax credit, then the applicant shall apply on a historic preservation certification application state part 2, remit the state fee as prescribed in R 206.209, provide any other project information prescribed by the office, and a verification of state equalized value form, as required by the act.

(2) The office will accept only 1 state part 2 application per property at a time. If multiple state part 2 applications for a property are received, the first complete and properly documented state part 2 application received by the office will be accepted and processed for review. Any additional state part 2 applications received by the office for the same property will be deemed invalid.

(3) Applications for projects with National Park Service part 2 approvals, work carried out or, that were complete and returned to service before the effective date of the legislation, will not be accepted.

(4) An applicant may file a state part 2 application that includes work already completed. The office shall determine if the completed work is acceptable on its own and in conjunction with the proposed work included in the state part 2 application. A state part 2 application must not include any work that was completed more than 1 year before the date a state part 2 application was submitted to the office. If a state part 2 application includes previously completed work, and is awarded a preapproval letter, the 8-year period for completion of the project will be reduced to 7 years and the period to submit the state part 3 application reduced to the earliest of the following to occur:

(a) Eight years from the date of the preapproval letter.

(b) One year after the historic resource is returned to service.

(5) A state part 2 application must include all of the following:

(a) Applicant name, business entity's name, mailing address, phone number, and email of each owner or long-term lessee seeking the credit, if any.

(b) Common modern name and historic name of the resource, if any.

(c) Address of the resource.

(d) Photographs deemed sufficient by the office to document the interior and exterior appearance of the historic resource, its site, and environs before the commencement of rehabilitation.

(e) Verification of the resource's state equalized value as required by the act.

(f) Plans and specifications for the proposed rehabilitation work.

(g) Any plans for adjacent, attached, or related new construction.

(h) The social security number or federal taxpayer identification number of each applicant.

(i) Any additional documentation, such as window surveys or masonry cleaning specifications, requested by the office.

(j) The signature of applicant.

(k) Any other documents the office or its governing agency requires or determines necessary.

(l) The state review fee as prescribed in R 206.209.

Upon receipt of a complete and adequately documented state part 2 application, the office shall review the submission to determine whether the applicant's rehabilitation plan meets the standards and guidelines. If the office determines that additional information or documentation is needed to evaluate the submission, the office shall notify the applicant in writing. The office shall not process the application until the information or documents, or both, have been provided. To qualify for certification, a proposed rehabilitation plan must comport with each element of the standards and guidelines, to the extent applicable.

Within 120 days of receipt of a complete state part 2 application, the office shall notify the applicant, in writing, if the rehabilitation plan meets the standards and guidelines. If the office determines that the rehabilitation plan meets the standards and guidelines, the office shall issue a preapproval letter to the applicant. If the office determines that the rehabilitation plan does not meet the standards and guidelines, the office shall advise the applicant of any revisions necessary for the rehabilitation plan to meet the standards and guidelines. An applicant may submit a revised rehabilitation plan to the office. The office shall not process the application until the necessary revisions are provided to the office.

In the event that all available credits have been awarded, all approved state part 2 applications not receiving a preapproval letter will be granted priority status in accordance with the provision of R 206.206.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.206 Certification; credit reservation priority {#sec-r-206.206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.206}

Rule 206. (1) State historic preservation applications will be reviewed upon receipt, and the office shall issue either a preapproval letter or a priority number based on the date that a complete and adequately documented state part 2 application was received by the office and the amount of available tax credits. When making preapprovals, the office shall offer the maximum amount of available credit, not to exceed 25% of the estimated qualified expenditures, to the first applicant of a particular project type that has submitted a complete application to the office. If the available credit is less than the full credit anticipated by the applicant, the applicant may accept the reduced amount of credit or decline the offer and accept a priority number based on the date of the applicant's completed application. An applicant that declines a partial credit offer may receive additional credit offers, based on their requested amount of credit and priority number as additional credit becomes available. Declining a credit offer does not extend the 2-year limit on the original priority number assigned to the application.

(2) In any year, if the maximum amount of credit allocated to a specific project type or the annual maximum credit limit for the program is reached, the office shall do the following:

(a) Notify the public via its website that the office will no longer accept any additional applications for that project type or the program for the remainder of the year.

(b) Assign a priority number to all remaining complete applications that did not receive a preapproval letter. Priority numbers will be assigned to each application based on the date the completed application was received by the office.

(c) Allow applicants that submitted incomplete applications to submit a revised application. In the event a revised application is determined to be complete, the application must be assigned a priority number based on the date the revised complete application was received by the office.

(d) In the last month of each year, the office shall review all applications that have been assigned priority numbers and based on the lowest priority number, contact applicants to verify if the applicants are still seeking credit for a project. If so, the office shall do the following:

(i) Issue a preapproval letter for any recaptured, unclaimed, or returned credits from previous years to other applications within that project type based on priority numbers. If there are no applications within that specific project type that will accept the recaptured, unclaimed, or returned credit, then it must be made available to any approved application, regardless of project type, based on priority number.

(ii) Notify any applicants that have not received a preapproval letter and that have a priority number that was issued at least 2 years before the review date that the application has expired, the applicant is no longer be eligible for any available credit, and the applicant will need to submit a new application if the applicant wants to continue to seek a credit.

(iii)Determine which projects will receive funding in the next year based on priority number and project types.

(iv) Post on its website the total amount of credit, if any, per project type that will be available to new applications in the subsequent year.

(3) On the first business day of the new year, the office shall begin accepting new applications for that year for all project types with available credits until any or all conditions in subrule (2) of this rule are met.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.207 Certification; rehabilitation plan amendments {#sec-r-206.207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.207}

Rule 207. (1) To initiate a review of a rehabilitation plan amendment for certification purposes, an applicant with an approved state part 1 and 2 application shall submit a state amendment application to the office for the historic resource. If the applicant is eligible to claim only a federal tax credit, the applicant shall apply on a historic preservation certification amendment application form as prescribed by the National Park Service. If the applicant is eligible to claim both, federal and state tax credits, then the applicant shall apply on a historic preservation certification application amendment form as prescribed by the National Park Service and file a state application amendment form, and any provide other project information prescribed by the office. If the applicant is eligible to claim only a state tax credit, then the applicant shall apply only on a historic preservation certification application amendment form prescribed by the office.

(2) An application for rehabilitation plan amendment must include all of the following:

(a) Applicant name, business entity's name, mailing address, phone number, and email of each owner or long-term lessee seeking the credit, if any.

(b) Common modern name and historic name of the resource, if any.

(c) Address of the resource.

(d) Photographs determined sufficient by the office to document the condition and appearance of the area or areas affected by the proposed work scope modifications.

(e) A written description of the proposed changes or new work.

(f) Plans and specifications for the amended rehabilitation work.

(g) Any plans for adjacent, attached, or related new construction as appropriate.

(h) The social security number or federal taxpayer identification number of applicant.

(i) Any additional documentation, such as window surveys or masonry cleaning specifications, requested by the office.

(j) The signature of each applicant.

(k) Any other documents the office or its governing agency require or determine necessary.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.208 Certification; completed rehabilitation {#sec-r-206.208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.208}

Rule 208. (1) To initiate a review of a completed rehabilitation, an applicant with an approved state part 1 and 2 application shall submit a state part 3 application to the office.

If the applicant is eligible to claim only a federal tax credit, the applicant shall apply on a historic preservation certification application prescribed by the National Park Service. If the applicant is eligible to claim both a federal and state tax credit, then the applicant shall apply on a historic preservation certification application prescribed by the National Park Service and file a state part 3 application, remit the state fee as prescribed in R 206.209, and provide any other project information prescribed by the office. If the applicant is eligible to claim only a state tax credit, the applicant shall file the historic preservation certification application state part 3, remit the state fee as prescribed in R 206.209, and provide any other project information prescribed by the office.

(2) For an historic resource with a preliminary determination of eligibility for listing in the National Register of Historic Places state part 1, the listing process must be completed before the state part 3 application is submitted.

(3) Except as stipulated in R 206.205(4), the state part 3 application must be submitted within 9 years after the date of the preapproval letter or within in 1 year of the date that the historic resource is returned to service, whichever occurs first. If the state part 3 application is not submitted within the required time frame, the office shall rescind the preapproval letter and notify the applicant in writing of the rescission and that the applicant will no longer be eligible for credits relating to the rescinded preapproval letter.

(4) The state part 3 application must include all of the following:

(a) Applicant name, business entity's name, mailing address, phone number, and email of each owner or long-term lessee, if any, seeking the credit.

(b) Common modern name and historic name of the resource, if any.

(c) Address of the resource.

(d) Date the preapproval letter was issued.

(e) The project completion date.

(f) The social security number or federal taxpayer identification number of applicant.

(g) A signed statement that the completed rehabilitation is consistent with the approved state part 2 application and meets the standards and guidelines.

(h) Photographs adequate to document the completed rehabilitation.

(i) For an historic resource with a preliminary determination of eligibility for listing in the National Register of Historic Places, the date the historic resource was officially listed.

(j) The state review fee as prescribed in R 206.209.

(k) All economic data as described in the act.

(l) Assignment/Reassignment form or forms if the credits are being transferred.

(5) When filing a state part 3 application, an applicant may request additional credit in excess of the amount stated in the preapproval letter. Requests for additional credit in excess of the amount stated in the preapproval letter must be treated as a new credit request and be given a new priority level based on the date of the request. Before the end of the year in which the state part 3 application was received, the office shall either approve the applicant’s request for additional credits, if any are available, or approve the existing state part 3 application based on the amount of credit listed in the applicant’s preapproval letter.

(6) Upon receipt of a complete and adequately documented request for certification of completed work and other items as described in this rule, the office shall perform a review to determine whether the completed rehabilitation conforms with the rehabilitation plans and plan amendments, if any, and meets the standards and guidelines.

The office shall determine conformance to the standards and guidelines on the basis of application documentation and other available information showing the historic resource as it existed in its historic setting. To qualify for certification, the completed rehabilitation work must comport with each element of the standards and guidelines, to the extent applicable.

(7) Within 120 days of the receipt of the state part 3 application, the office shall notify the applicant of its determination in writing. The office may require changes in the completed rehabilitation to enable the completed rehabilitation to meet the standards and guidelines. The office shall not process the state part 3 application until the required changes in the completed rehabilitation have been made by the applicant.

(8) If the office determines that the completed rehabilitation meets the standards and guidelines, then the office shall notify both the applicant and the department of treasury of the office's determination.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.209 Fees {#sec-r-206.209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.209}

Rule 209. (1) An applicant that submits a historic preservation certification application prescribed by the National Park Service by itself, or in conjunction with a historic preservation certification application prescribed by the office, is responsible for the payment of fees to the National Park Service in the amount prescribed in 36 CFR 67.11.

An applicant that submits a historic preservation certification application prescribed by the office, or in conjunction with a historic preservation certification application prescribed by the National Park Service, is responsible for payment of fees described in subrule (1) of this rule as well as those fees specified in subrules (3), (4), and (5) of this rule. The office shall not provide an applicant with any certification decision until the appropriate fee has been received. Upon request of the office, the applicant shall remit the appropriate fee as directed by the office. All fees are nonrefundable.

An applicant shall remit the following state part 1 fees to the office based on property type:

Owner-occupied residential properties: $50.00.

All other properties: $100.00.

An applicant shall remit the following state part 2 fees to the office based on property type and amount of qualified expenditures:

(a) Owner-occupied residential properties:

(i) One hundred dollars if anticipated qualified expenses are $20,000.00 or less.

(ii) Two percent of the anticipated credit if anticipated qualified expenses are greater than $20,000.00.

(b) All other properties:

(i) Two hundred dollars if anticipated qualified expenses are $40,000.00 or less.

(ii) Two percent of the anticipated credit if anticipated qualified expenses are greater than $40,000.00.

An applicant shall remit the following state part 3 fees to the office based on the following fee schedule:

(a) Owner-occupied residential properties:

(i) One hundred dollars if anticipated qualified expenses are $20,000.00 or less.

(ii) Two percent of the credit received, not to exceed the preapproval letter credit if anticipated qualified expenses are greater than $20,000.00.

(b) All other properties:

(i) Two hundred dollars if anticipated qualified expenses are $40,000.00 or less.

(ii) Two percent of the credit received, not to exceed the preapproval letter credit if anticipated qualified expenses are greater than $40,000.00.

(6) Sale or transfer agreement processing: $1,000.00.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.210 Inspection; revocation {#sec-r-206.210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.210}

Rule 210. (1) The office may conduct an inspection of a historic resource during the rehabilitation process and during the compliance period.

The office may, after giving the qualified taxpayer 30 days' written notice, issue a revocation of a certificate of completed rehabilitation if the office determines that a rehabilitation was either not undertaken in conformity with the standards and guidelines or, if during the compliance period, either the historic resource was damaged, altered, or substantially changed or the applicant undertook further unapproved work inconsistent with the standards and guidelines. The office shall notify the department of treasury of any revocation issued under this subrule. The department of treasury shall determine the state tax consequences to the qualified taxpayer of a revocation of certification in accordance with section 266a(9) of the act, MCL 206.266a.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.211 Appeals {#sec-r-206.211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.211}

Rule 211. (1) An applicant may appeal a denial of an application for certification submitted under these rules. If the appeal involves a historic preservation certification application prescribed by the National Park Service by itself, or in conjunction with a historic preservation certification application prescribed by the office, then the a p p l i c a n t shall follow the procedures set forth in 36 CFR 67.10 to appeal the federal portion of the credit. If the appeal involves an application for certification prescribed by the office by itself, then the applicant shall follow the procedures prescribed in this rule for the state credit.

To file an appeal under this rule, an applicant shall submit a written appeal to the state historic preservation officer, care of the office, within 60 days from the date of the denial.

The request must state “APPEAL” on its header, state the reason or reasons the applicant believes the denial should be reversed, and include all information, records, and other materials the applicant wants considered.

The state historic preservation officer, or his or her delegate, shall schedule a hearing.

Once a final order has been issued, an applicant has exhausted all of their administrative remedies.

History

• History: 2022 MR 6, Mar. 17, 2022.

Mich. Admin. Code R 206.212 Sale or transfer of resource {#sec-r-206.212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 206.212}

Rule 212. (1) If, during the compliance period, a qualified taxpayer wishes to either sell or transfer the qualified taxpayer’s interest in the historic resource, the qualified taxpayer shall notify the office and the department of treasury in writing of their intent at least 6 months before the proposed sale or transfer.

(2) The qualified taxpayer shall do all of the following:

(a) Provide at their own expense, and in a form and manner acceptable to the office, all of the following information, in addition to the notice:

(i) Copy of the executed purchase and sale agreement.

(ii) Proof of notification to the department of treasury.

(iii) A copy of the deed to the property.

(iv) The name and project number of the project that received the credits.

(v) The name and address of the property being transferred.

(vi) The legal description of the property.

(vii) The name and contact information for all qualified taxpayers that received credits resulting from the previous state part 3 certification.

(viii) The name and contact information for the new owner.

(ix) The date the state part 3 certification for the project was issued.

(x) The total amount of state credits received by the project.

(xi) Any additional document or information requested by the office.

(b) Execute the historic resource transfer agreement.

(c) Remit the fee in accordance with rule R 206.209(6).

(3) Upon receipt of a fully executed historic resource transfer agreement, the office or its designee shall do both the following:

(a) Record the historic resource transfer agreement with the register deeds having jurisdiction over the property.

(b) Return a fully executed and recorded copy of the historic resource transfer agreement to the qualified taxpayer and the new owner.

History

• History: 2022 MR 6, Mar. 17, 2022.

MIOSHA MIOSHA

R 325.64001 to R 325.64001 Construction Safety and Health Standard Part 640. Beryllium in Construction

Mich. Admin. Code R 325.64001 Scope, application, adoption, and availability of standards {#sec-r-325.64001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.64001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 640. BERYLLIUM IN CONSTRUCTION

Rule 4001. (1) This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in construction, except those articles and materials exempted by subrules (2) and (3) of this rule.

(2) This standard does not apply to articles, as defined in Construction Safety Standard Part 42. “Hazard Communication,” that contain beryllium and that the employer does not process.

(3) This standard does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8 hour TWA under any foreseeable conditions.

(4) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1926.1124 “Beryllium,” as amended September 30, 2020, is adopted by reference in these rules.

(5) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(6) A reference to 29 CFR 1926.51, means Construction Safety and Health Standard Part 1.

“General Rules.”

(7) A reference to 29 CFR part 1926 subpart E, means Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(8) A reference to 29 CFR 1910.1200, means Construction Safety Standard Part 42. “Hazard Communication.”

(9) A reference to 29 CFR 1910.134, means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(10) A reference to 29 CFR 1910.1020, means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(11) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909 8143.

(13) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909 8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909 8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(c) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(d) General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(e) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 2020 AACS; 2021 AACS.

Postsecondary Schools Postsecondary Schools

R 390.561 to R 390.569 Proprietary Schools

Mich. Admin. Code R 390.561 Definitions {#sec-r-390.561 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.561}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

PROPRIETARY SCHOOLS

(By authority conferred on the department of licensing and regulatory affairs by sections 2a and 2b of 1943 PA 148, MCL 395.102a and 395.102b and Executive Reorganization Nos. 1996-7, 1999-7, 1999-1, 2003-1, 2008-4, and 2011-4, MCL 388.994, 388.995, 408.40, 445.2011, 445.2025, and 445.2030.)

Rule 1. As used in these rules:

(a) "Board" means the state board of education.

(b) "Full-time equated students" means a student or combination of students enrolled in regular attendance and receiving a full course of instruction with the total clock hours as prescribed by the school.

(c) "Public assembly site" means a site located in a public educational institution or located in a public meeting area suitable for instruction.

(d) "School" means a proprietary school as defined in section 1a of the act. "School" does not include an educational institution or educational training program that is maintained or provided by an employer, without charge, to its employees or anticipated employees.

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.562 Licensing procedure {#sec-r-390.562 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.562}

Rule 2 (1) Housing and facilities shall conform to standards specified by the appropriate local and state authorities.

(2) The department shall issue an applicant school a permit for a 12-month period before issuing a license. A permit authorizes the applicant to offer specific programs at a definite location under the management as stated on an application. A separate permit is required for each location at which instruction is offered, except a school may offer instruction at an auxiliary classroom or a public assembly site without obtaining a separate permit for that location.

Editor's Note: An obvious error in R 390.562 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Annual Administrative Code Supplement, 2014. The memorandum requesting the correction was published in Michigan Register, 2015 MR 10.

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.562a Surety {#sec-r-390.562a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.562a}

Rule 2a. (1) If surety is terminated, the school's license or permit shall expire if a surety is not secured to replace the expired surety. Notification, in writing, shall be given by the school to the department if surety is to expire or be terminated and not replaced.

(2) A school shall not enroll students following notice of cancellation of surety unless another form of surety has been provided.

(3) A surety shall be provided by a school in an amount determined according to the following:

(a) An accredited school shall provide evidence of surety of not less than $5,000.00 for 1 to 100 full-time equated students, not less than $7,500.00 for 101 to 500 full-time equated students, and not less than $10,000.00 for 501 to 1,000 or more full-time equated students.

(b) A nonaccredited school shall provide evidence of surety in an amount equal to $200.00 per student, but not less than $5,000.00.

History

• History: 1987 AACS; 2014 AACS.

Mich. Admin. Code R 390.563 Rescinded {#sec-r-390.563 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.563}

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.564 Standards for operation {#sec-r-390.564 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.564}

Rule 4. (1) Data relative to the education, training, and experience of the administrative, supervisory, and instructional staff shall be submitted, on forms provided by the department, for evaluation as to the competency to instruct or supervise instruction in the subjects assigned. Instructional personnel shall have backgrounds of appropriate education or appropriate experience in the substantive field which they are assigned to teach. Instructional personnel who teach in a field requiring a certificate or license shall possess such a certificate or license.

(2) The student's application form and contract shall correspond with the catalog furnished to the student. Any modification of the student's application and contract, as contained in the catalog, shall be agreed to, in writing, by all parties. The refund policy shall be stated in the contract.

(3) Student records, except records of grades, including enrollment data, payment of fees, attendance, progress, awards, interviews, and placement, shall be maintained for not less than 3 years following graduation. A student's grade records and transcripts shall be retained in perpetuity by the school and shall be available upon his or her request. A school that is no longer operating shall turn over its student records to the board.

(4) The class load for instruction shall be consistent with approved educational practices. A program shall not be offered unless approved by the department.

(5) Courses of instruction shall extend over a sufficient period to meet standards of trade and business practices. Outlines of lessons, units, or projects shall be available to the department.

(6) Equipment and materials shall meet local and state fire, health, safety, and sanitation requirements.

(7) A school shall notify the department before a change in location.

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.564a Rescinded {#sec-r-390.564a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.564a}

History

• History: 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.565 Rescinded {#sec-r-390.565 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.565}

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.566 Advertising and recruitment {#sec-r-390.566 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.566}

Rule 6. (1) The content of all published literature and advertising, illustrations, diagrams, and pictures shall convey only true meaning, relationships, and conditions supported by facts and statistics about the school, its management, instruction, offerings, and opportunities.

(2) Misrepresentation as to any of the following is prohibited:

(a) Suitable jobs.

(b) Probable earnings.

(c) School facilities.

(d) Course of instruction.

(e) Operational policy.

(f) Management.

(g) Charges for tuition and fees.

(h) Available training equipment.

(i) Qualification of instructors.

(j) Placement activities of the school.

(3) Only such persons shall be listed or advertised as members of the staff or faculty as are regularly employed to give or directly supervise the instruction in 1 or more of the regular subjects in the school.

(4) The school shall not use blind advertisements to solicit prospective students nor shall it advertise in the "help wanted" or other employment column in newspapers or other publications. Advertising shall be in the name under which the school is licensed.

(5) A licensed school may advertise that it is licensed by the board under the laws of Michigan, but it shall not advertise that the school is recommended, endorsed, or approved by the board.

(6) An officer or employee of the school shall not knowingly induce a student to leave an educational institution at which he or she is in attendance and shall not induce a student to change his or her plans when he or she has enrolled in another school and paid a deposit.

History

• History: 1979 AC; 1987 AACS; 1998-2000 AACS.

Mich. Admin. Code R 390.567 Rescinded {#sec-r-390.567 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.567}

History

• History: 1979 AC; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 390.568 Rescission {#sec-r-390.568 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.568}

Rule 8. The rules entitled "Standards for Licensing and Regulation of Private Trade Schools, Business Schools, and Institutes in Michigan," being R 390.541 and R 390.542 of the Michigan Administrative Code, and appearing on pages 4012 and 4013 of the 1954 volume of the Code, are rescinded.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 390.569 Fees {#sec-r-390.569 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 390.569}

Rule 9. (1) An applicant for a temporary permit shall pay a fee of $1,000.00 for each temporary permit issued. An out-of-state applicant for a new license shall pay a fee of $400.00 for each new license issued. The department shall adjust fees annually and index the fees to the Detroit consumer price index, as published by the department of labor statistics, United States department of labor.

(2) An applicant for renewal of a license shall pay a fee of $300.00 for each renewal license issued if a total of 25 or fewer students started a program during the period July 1 to June 30 immediately preceding the license renewal date. An applicant for a renewal of a license for a proprietary school shall pay a renewal fee based on the following schedule of students who started programs:

(a) 26 to 50 students . . . . . . . $500.00.

(b) 51 to 100 students . . . . . . 600.00.

(c) 101 to 150 students . . . . . . 700.00.

(d) 151 to 200 students . . . . . . .800.00.

(e) 201 to 250 students. . . . . . 900.00.

(f) 251 to 300 students . . . . . 1,000.00.

(g) 301 to 350 students . . . . . 1,100.00.

(h) 351 to 400 students . . . . . 1,200.00.

(i) 401 to 450 students . . . . . 1,300.00.

(j) 451 to 500 students . . . . . 1,400.00.

(k) More than 500 students . . . . 1,500.00.

The department shall adjust fees annually and shall index the fees to the Detroit consumer price index, as published by the department of labor statistics, United States department of labor.

(3) An applicant for renewal of a license shall pay a late payment fee of $50.00 if the license is not renewed within 30 days after the due date.

(4) A school that moves to a new location after the initial license was issued shall pay a fee of $300.00 for approval of each change of location.

(5) A school that submits a request for approval of a new curriculum to be added to its license shall pay a fee of $500.00 for approval of each new curriculum.

(6) A school that submits a request for a change of school name on its license will pay a fee of $200.00.

(7) A student who requested a copy of a transcript from a closed school will pay a fee of $15.00.

Editor's Note: An obvious error in R 390.569 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2014 MR 19. The memorandum requesting the correction was published in Michigan Register, 2014 MR 20.

Editor's Note: An obvious error in R 390.569 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Annual Administrative Code Supplement, 2014. The memorandum requesting the correction was published in Michigan Register, 2015 MR 10.

History

• History: 1987 AACS; 1998-2000 AACS; 2014 AACS.

Workers' Compensation Agency Workers' Compensation Agency

R 408.31 to R 408.59 Workers’ Compensation Agency – General Rules

Mich. Admin. Code R 408.31 Definitions {#sec-r-408.31 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.31}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

WORKERS' DISABILITY COMPENSATION AGENCY

GENERAL RULES

(By authority conferred on the director of the workers' disability compensation agency by section 205 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.205, and Executive Reorganization Order Nos. 1996-2, 1999-3, 2002-1, 2003- 1, and 2019-3, MCL 445.2001, 418.3, 445.2004, 445.2011, and 125.1998)

PART 1. DEFINITIONS

Rule 1. (1) As used in these rules:

(a) “Act” means the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

(b) “Appearance” means participation in person, or by telephone, video conference, or other electronic means, at any hearing or conference under this act. This definition should not be interpreted to limit the authority of the director or a magistrate to require a party or a witness to appear in person.

(c) “Approved vocational rehabilitation provider” means any person, firm, partnership, corporation, or other legal entity that has submitted form WC-502, or its electronic equivalent, meets the minimum standards as prescribed by the agency for approval, and has been approved by the agency.

(d) “Debit card” means a stored value card issued by a federally insured financial institution that provides a claimant or the dependent of a claimant immediate access for withdrawal or transfer of the claimant’s weekly compensation payments through a network of automatic teller machines. “Debit card” includes a card commonly known as a payroll debit card, payroll card, or paycard.

(e) “Electronic equivalent” means a record created, generated, sent, communicated, or received by electronic means.

(f) “Electronic filing” means the process of submitting a document over the internet to the agency, including State of Michigan File Transfer System (FTS), in accordance with the instructions available on the agency’s website.

(g) “Electronic service” means the serving of any document by e-mail or electronic file transfer.

(h) “Electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Both of the following apply regarding an electronic signature:

(i) An electronic signature may be a graphic representation of the signature.

(ii) The following forms are acceptable: “/s/ John Smith,” “/s/ John Smith, Attorney,” or “/s/ John Smith, Authorized Representative.”

(i) “File Transfer Service” (FTS) means an electronic computer-based system that facilitates the transmission of a computer file through a communication channel provided by the State of Michigan from one computer system to another.

(j) “Forensic vocational evaluation” means an independent, individualized assessment and evaluation process involving the application of specialized knowledge and the use of scientific, technical, or other professional knowledge for the resolution or clarification of issues related to a claim, typically in a legal setting. This is not vocational evaluation as used in R 408.45a or section 319 of the act, MCL 418.319.

(k) “IWRP” means an individualized written rehabilitation plan. An IWRP is a document mutually developed by the vocational counselor and the employee that provides a detailed outline of goals, objectives, responsibilities, and services necessary for successful rehabilitation of the employee. The plan is specific to the individual, reviewed on a regular basis, and updated as provided in R 408.45a(3).

(l) “Return-to-work hierarchy” means a sequence of steps designed to assist an employee with returning to any of the following:

(i) Same job, same employer.

(ii) Modified job, same employer.

(iii) Different job, same employer.

(iv) Same job, different employer.

(v) Different job, different employer.

(vi) Self-employment.

Remedial and retraining services can be applied at any level of the hierarchy to facilitate success.

(m) “Vocational evaluation” means a vocational evaluation under section 319 of the act, MCL 418.319. It is a comprehensive process of gathering and analyzing relevant information such as educational, medical, and vocational history, interests, aptitudes, and vocational assessment results in order to develop recommendations and the IWRP. The vocational evaluation should include a face-to-face interview with the employee.

(n) “Week” as used under section 319 of the act, MCL 418.319, means a 7-day period during which the employee actually participates in vocational rehabilitation services that are part of an approved IWRP.

(2) Unless the context of the rule indicates otherwise, the terms “agency” and “director” have equivalent meaning.

(3) Terms defined in the act have the same meanings when used in these rules.

PART 2. RECORDS

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.31a Report of injury; claim for compensation, additional reports; weekly rate of compensation {#sec-r-408.31a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.31a}

Rule 1a. (1) An employer shall report immediately, to the agency, on form WC-100, or its electronic equivalent, all injuries, including diseases, which arise out of and in the course of the employment, or on which a claim is made, and result in any of the following:

(a) Disability extending beyond 7 consecutive days, not including the date of injury.

(b) Death.

(c) Specific losses.

(2) Any report of injury filed with the agency by an employer that fails to meet the requirements of subrule (1) of this rule shall not be maintained as a record of the agency unless filed with a form WC-107, or its electronic equivalent.

(3) An employer shall immediately give a copy of the report of injury form WC-100, or its electronic equivalent, to the injured employee or, in the case of death, to the dependents. The employer or its carrier shall include a written notice to the injured employee or dependents on a form prescribed by the director of the agency, advising of their rights under the act. Any filing required in this section shall indicate compliance with this requirement. In case of death, an employer shall also immediately file an additional report on form WC-106, or its electronic equivalent.

(4) An employee may make a claim for compensation to the agency on form WC- 117, or its electronic equivalent. The agency shall provide a copy of form WC-117, or its electronic equivalent, to the employer and carrier. The carrier shall respond to a form WC-117 in the same manner as a form WC-100.

(5) No later than 28 days following report of an injury, the employer or carrier shall deliver to the employee a form or its electronic equivalent, as prescribed by the director of the agency, describing the employer or carrier’s obligation to furnish reasonable and necessary medical care for the work-related injury or disease. After an employee has given an employer the name of the physician with whom he or she intends to seek treatment and has commenced treatment with the physician under section 315 of the act, MCL 418.315, the employee shall obtain and promptly furnish a report to the employer, insurance company, private employer group self-insurers’ security fund (PEGSISF), first responder presumed coverage fund, or self-insurers’ security fund. The report must set forth the history obtained, the diagnosis, the prognosis, and other information reasonably necessary to properly evaluate the injury, the disability, and the necessity for further rehabilitation or treatment. Thereafter, at reasonable intervals of not more than 60 days, an employee shall obtain and furnish a current medical report, paid for by the carrier, containing the same information, together with an itemized statement of charges for services rendered to date.

(a) A self-insured employer, insurance company, PEGSISF, first responder presumed coverage fund, or self-insurers’ security fund is not required to make payment to the physician until reasonable proof and itemized charges have been furnished to it.

(b) Medical fees may not exceed the maximum allowable payment (MAP) established by the fees considered usual and reasonable for the services performed in accordance with the health care service rules or the provider’s usual and customary charge, whichever is less.

(6) For a case that requires the payment of benefits, a carrier, the second injury fund, the PEGSISF, the first responder presumed coverage fund, the self-insurers’ security fund, and the silicosis, dust disease and logging industry compensation fund, shall file all of the following reports, notices, or statements in the format required by the agency:

(a) Form WC-701, or its electronic equivalent, on the day after the first payment of compensation. The carrier or fund shall furnish a copy of form 701 to the employee.

(b) Form WC-701, or its electronic equivalent, on the day after the stopping of payment of compensation, showing the amount of compensation paid in every case.

(c) Form WC-701, or its electronic equivalent, within 30 days from the annual anniversary of the date of injury on claims where the starting of weekly compensation benefits has been reported and weekly compensation benefits have not been stopped. The annual report must include a weekly summary of wages earned when partial wage loss benefits pursuant to section 301(9)(c) of the act, MCL 418.301, are being paid or have stopped prior to the anniversary date if not already reported.

(d) Form WC-701, or its electronic equivalent, on the day after due to:

(i) The application of section 301(8), 354, 357, 358, 401(6), or 827 of the act, MCL 418.301, 418.354, 418.357, 418.358, 418.401, and 418.827.

(ii) A change in the number of dependents.

(iii) Recoupment of an overpayment.

(iv) Reimbursement or adjustment resulting from involvement of a fund created under section 501 of the act, MCL 418.501.

(e) If benefits have been reduced to zero for 30 days or longer, a WC-701, or its electronic equivalent, shall be filed in accordance with R 408.31(b).

(f) The form WC-701 shall state the reason for any change and include the calculation applied.

(7) The carrier or fund shall send a copy of any WC-701 to the employee.

History

• History: 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.31b Computation of weeks and days {#sec-r-408.31b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.31b}

Rule 1b. In computing periods of disability and of compensation, a week shall be computed as 7 days and a day as 1/7 of a week, without regard to Sundays, holidays, and working days.

History

• History: 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.32 Compensation supplement fund; "maximum benefit" defined {#sec-r-408.32 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.32}

Rule 2. (1) A carrier, second injury fund, PEGSISF, or self-insurers’ security fund shall claim reimbursement from the compensation supplement fund for payments made in accordance with section 352 of the act, MCL 418.352. A carrier, second injury fund, PEGSISF, or self-insurers’ security fund shall make a claim on the form WC-114, or its electronic equivalent, application for reimbursement.

(2) A carrier, second injury fund, PEGSISF, or self-insurers’ security fund shall make an initial application for reimbursement not later than 3 months after the end of the quarter for which the right to reimbursement first accrues. The right to reimbursement first accrues on the first day of the quarter following any quarter for which supplemental benefits are first paid or ordered to be paid.

(3) A carrier, second injury fund, PEGSISF, or self-insurers’ security fund may make subsequent application for reimbursement quarterly, but not later than 1 year after the closing date of the quarter for which reimbursement is being requested.

(4) A carrier, second injury fund, PEGSISF, or self-insurers’ security fund shall submit a separate form WC-114, or its electronic equivalent, for each quarter for which reimbursement is requested. A quarter, as used in this rule, is based on a calendar year as identified by the agency on an annual basis.

(5) Upon a proper showing of a claim for reimbursement, the compensation supplement fund shall make payment within a reasonable time after the receipt of the claim. The compensation supplement fund shall normally make reimbursement within 3 months after the receipt of form WC-114, or its electronic equivalent, unless a dispute arises.

(6) For the purpose of these rules, "maximum benefit" means the statutory maximum for the year of injury upon which benefits are based; 2/3 of the employee’s average weekly wage on the date of injury; the minimum compensation rate in effect on the date of injury; or a maximum compensation rate established by agency order. If an employee, or his or her dependents, is receiving maximum benefits as defined in this subrule, there will be a presumption that benefits are being paid under section 351 or 321 of the act, MCL 418.351 and 418.321.

(7) A compensation supplement may not be paid for any of the following received by an eligible employee or dependent:

(a) Benefits received for any period of disability before January 1, 1982.

(b) Benefits received under an agreement to redeem the liability of the carrier.

(c) A lump sum payment for remarriage under section 335 of the act, MCL 418.335.

(d) Interest paid on benefits awarded by a magistrate.

(e) Partial compensation paid under section 361(1) of the act, MCL 418.361.

(8) In a case involving a lump sum advance payment, supplemental benefits are not part of the advance payment, but must continue to be paid weekly.

(9) In a case involving the carrier’s right to subrogation in a third-party recovery, the amount of supplemental benefits is based on the weekly compensation rate that the employee would have been receiving on January 1, 1982.

(10) If compensation supplement benefits have been paid and if the employee is later found to be entitled to total and permanent disability benefits, then the second injury fund shall reimburse the compensation supplement fund for the appropriate amount of benefits paid by the compensation supplement fund, and the second injury fund shall reimburse the carrier for the balance of benefits that would have otherwise been paid by the compensation supplement fund.

(11) If the second injury fund is paying differential benefits directly to the injured employee and if the amount of differential benefits increases, then the second injury fund either shall reimburse the compensation supplement fund for any overpayment of money that the compensation supplement fund has already reimbursed the carrier or shall reimburse the carrier directly in cases where the compensation supplement fund has not yet reimbursed the carrier.

(12) If a case is on appeal over the issue of whether the injured employee is totally and permanently disabled and if the claimant is receiving 70% of the amount of differential benefits that would be owed if total and permanent disability is found to apply, the amount of supplement that is due may be reduced or offset by the 70% amount that is being paid.

(13) If the compensation supplement fund has reimbursed a carrier for the supplemental benefits paid, and if it is later found that the amount reimbursed included an overpayment, then the compensation supplement fund is entitled to recoupment of the overpayment from the carrier. The carrier is entitled to recoup the overpayment from the employee.

(14) Section 357 of the act, MCL 418.357, may not be applied when the amount of supplemental benefit, as provided for in section 352 of the act, MCL 418.352, is calculated for eligible employees whose date of personal injury is before July 1, 1968.

(15) After the supplemental benefit has been computed in accordance with section 352(1) of the act, MCL 418.352, based on the weekly compensation rate that the employee or dependent of a deceased employee is receiving or is entitled to receive on January 1, 1982, had the employee been receiving benefits at that time, the supplemental benefit may not be reduced or increased by changes to the weekly compensation rate that occur after January 1, 1982, except as provided in section 352 of the act, MCL 418.352, and in this rule.

Dec. 10, 2021.

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 1986 AACS; 1998-2000 AACS; 2021 MR 23, Eff.

Mich. Admin. Code R 408.32a Medical benefits; reimbursement application {#sec-r-408.32a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.32a}

Rule 2a. (1) To be reimbursed for payments made in accordance with the provisions of section 862(2) of the act, MCL 418.862, medical benefits must have been required by the terms of an award and been paid in accordance with section 315 of the act and the rules promulgated under section 315 of the act, MCL 418.315. In providing benefits as required by section 862(2) of the act, MCL 418.862, a carrier shall require that the employee and the provider comply with the requirements of section 315 of the act, MCL 418.315.

(2) Reimbursement shall apply only to cases for which an initial application for mediation or hearing is filed after March 31, 1986, under section 847 of the act, MCL 418.847. Claims must be made on forms provided by and submitted to the agency. If other insurance coverage is or was available to cover medical benefits paid under section 862(2) of the act, MCL 418.862, then the agency will not make reimbursement.

(3) Applications for reimbursement from the agency must be made not less than 30 days after the benefit amount is reduced or rescinded by a final determination. An application for reimbursement must be made not later than 1 year after a final determination is entered that reduces or rescinds benefits.

(4) Reimbursement from the agency must be consistent with benefits awarded in the magistrate’s decision. Reimbursement will only be made for medical benefits that were provided between the agency mailing date of the magistrate’s award and the mailing date of the final determination of the appeal or for a shorter period as specified in the award. A copy of the magistrate’s order and all subsequent appellate decisions must accompany each request for reimbursement.

(5) A copy of the medical bills, proof of payment, and a medical report with sufficient documentation to demonstrate that the medical services provided fall within the provision of the magistrate’s decision must accompany each request for reimbursement.

Proof of payment must include certification from the carrier that it has paid the medical bills or, if requested by the agency, must include a receipt from the provider that shows that payment has been made.

(6) Reimbursement may not be paid if the claim was redeemed before the final determination or if the carrier has not provided proper documentation.

(7) The agency shall not pay interest on reimbursable amounts.

(8) If the agency determines that all or part of the request for reimbursement is not proper, then the agency shall notify the carrier in writing. If the carrier disputes the determination, then it may file an application for mediation or hearing.

History

• History: 1989 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.33 Disputed claims; late payment penalty {#sec-r-408.33 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.33}

Rule 3. (1) On or before the fourteenth day after the employer has notice or knowledge of an alleged injury or death, the carrier, PEGSISF, and self-insurers’ security fund shall notify the agency on form WC-107, or its electronic equivalent, if the right of the injured or dependent to compensation is disputed. A copy of the form WC-107, notice of dispute, must be provided to the injured employee.

(2) The following subdivisions govern the administration and enforcement of the penalty provisions under section 801 of the act, MCL 418.801:

(a) Under section 801(1) of the act, MCL 418.801, compensation must be paid promptly and directly to the person entitled to compensation. Weekly benefits become due and payable on the fourteenth day after the employer has notice or knowledge of the disability or death. On that date, all compensation that has accrued must be paid. If benefits are not paid within 30 days of becoming due and payable, then the carrier shall pay to the employee $50.00 per day for each day after 30 days that the benefits remain unpaid, not to exceed $1,500.00.

(b) If a case is in litigation and the defendant agrees to pay benefits on a voluntary basis, then the magistrate shall specify the weekly compensation rate, the period of time for which accrued benefits have become due, and which medical bills shall be paid by the carrier as a result of the injury or disability. If the benefits agreed to are not paid within 30 days of the date the agreement is formalized by the magistrate, then the carrier shall pay to the employee $50.00 per day for each day after 30 days that the benefits remain unpaid, not to exceed $1,500.00.

(c) A medical bill becomes due and payable when the carrier or employer has received reasonable proof and the itemized bill. If there is a dispute resulting in a delay in paying the medical bills, then the carrier shall advise the employee and doctor of the reasons for the delay in writing. If there is no dispute and the bill remains unpaid 30 days after the carrier has received notice of nonpayment by certified mail, then the carrier shall pay to the employee $50.00 for each day after 30 days that the bill remains unpaid, not to exceed $1,500.00.

(d) The travel allowance for medical examination, treatment, or rehabilitation is provided in R 408.45. The employee shall be notified by the carrier, in writing, of any dispute resulting in a delay in paying travel allowance payments. If the expenses are not paid within 30 days of the date of the carrier’s receipt of notification of non-payment by certified mail, and if the expenses are not disputed, then the carrier shall pay the employee $50.00 for each day after 30 days that the expenses remain unpaid, not to exceed $1,500.00.

(e) Under section 801(4) of the act, an employer may be liable for all or a portion of the penalty provided in section 801(2) of the act, MCL 418.801. If there is a dispute between an employer and insurance carrier as to who is liable for the payment of the penalty, the carrier shall be liable for paying the penalties, but may be entitled to reimbursement from the employer.

(f) Any employee who may be entitled to penalty payments under section 801 of the act, MCL 418.801, and who has not received the payments may apply by notifying the agency in writing. A copy of the request must be forwarded to the carrier. In all cases, the agency shall respond within a reasonable period of time and shall act, as it deems appropriate, to resolve any disputes involving the penalty provisions of section 801 of the act, MCL 418.801. If a dispute continues beyond a determination by the agency or if the director believes there is a question of compliance with the act, then the dispute may be set for a hearing under R 408.35. A party to a dispute may request a formal hearing before a magistrate.

(g) A carrier shall pay any penalty amounts due an injured employee as a result of the penalty provisions specified in section 801 of the act, MCL 418.801, in a separate check. Penalty amounts are not a part of the basic benefits to which an employee is entitled for the purpose of loss or assessment.

(h) Benefits, allowances, or bills are presumed paid within 30 days if a check is mailed within 27 days of becoming due and payable under these rules.

PART 3. HEARINGS

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.34 Applications for hearing; small disputes {#sec-r-408.34 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.34}

Rule 4. (1) In cases of dispute coming under the jurisdiction of the agency, any party may apply to the agency for relief. The complaining party shall file an application WC- 104a, WC-104b, or WC-104c, or their electronic equivalent, with the agency. The agency shall then serve the adverse party with a copy of the application and, at the same time, notify the parties of the time and place of the initial hearing. The adverse party shall file their answer to the application with the agency within 15 days after service and serve a copy of the answer on the complaining party. A form WC-104b without a corresponding WC-104a or WC-104c does not create an exception under section 230(3) of the act, MCL 418.230.

(2) In any case where the compensable disability of an injured employee is undisputed and involves 1 or more disputed injury dates during the course of employment with 1 or more employers, or during the course of employment with 1 employer who is insured by 1 or more insurance carriers, the agency may direct compensation benefits to be paid at the maximum rate, as determined in section 351 of the act, MCL 418.351, with no dependents as provided in the schedule of benefits on the earliest or initial date of injury alleged. The self-insured employer or insurance carrier that has the risk on the earliest or initial date of injury shall make the payments. Payments must continue through the mailing date of the decision of the magistrate and shall be adjusted in accordance with the decision unless an appeal is taken. If an appeal is taken section 862 of the act, MCL 418.862, applies. The magistrate shall order reimbursement where appropriate.

(3) In apportionment cases that are tried involving a date of injury before January 1, 1981, the primary action is between the last employer and the injured employee. All other joined employers may appear, cross-examine witnesses, give evidence, and defend on the issue of liability. In setting trial dates for such cases, only the convenience of the plaintiff and the last employer, or their attorney, shall be considered.

(4) After attempting to resolve the dispute without agency involvement, either party may request the director to schedule a conference or the director, on his or her own motion, may schedule a conference to resolve small disputes. Parties involved in such disputes shall attend the conference.

(5) Small claims matters submitted under section 841 of the act, MCL 418.841, shall be heard by a magistrate. The parties may stipulate that any decision rendered is applicable only to the issues submitted and not res judicata in any other proceeding between the parties other than for enforcement of the determinations in the decision.

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.35 Agency compliance hearings {#sec-r-408.35 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.35}

Rule 5. (1) If the director believes that there has not been compliance with the act, then the director may, on his or her own motion, give notice to the parties and schedule a hearing for the purpose of determining compliance. The notice must contain a statement of the matter to be considered.

(2) If a matter that is alleged to be grounds for a hearing in accordance with this rule is brought to the attention of the agency, then the director or his or her authorized representative shall review the evidence of noncompliance with the act that is presented and, after making inquiries or investigations that he or she deems appropriate, determine if a hearing in accordance with this rule is necessary. The parties involved must be notified within 30 days of a receipt of the request as to the time and date of hearing or the reasons for denial.

(3) The agency shall schedule a hearing within a reasonable time, subject to the availability and schedules of hearing personnel and the parties involved. A request for a hearing under this rule must, at a minimum, contain sufficient information to warrant investigation or inquiry into a matter. The request for hearing must include, but is not limited to, all of the following information:

(a) Facts and law involved in the alleged failure to comply, including names, dates, amounts, or other pertinent information.

(b) A description of the redress or other specific action requested with specific references to sections of the act allegedly not complied with.

(4) The director shall issue an order on the hearing in which compliance may be ordered (5) Any order of the director under this rule may be appealed to the board of magistrates within 15 days after the order is mailed to the parties. If the order is not appealed within 15 days after mailing, then the order of the director is final. The board of magistrates shall conduct a hearing on the appeal within 60 days of the date of appeal to the board of magistrates.

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.36 Service of papers and other pleadings; manner of service; date of service; statement or proof of service; filings {#sec-r-408.36 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.36}

Rule 6. (1) Service of all applications, papers, notices, and orders must be in accordance with the following:

(a) Service of all original applications for hearing under R 408.34(1) must be by the agency on each named party to the case at the time service is made.

(b) Service of any subsequent applications or motions filed on a pending contested case that may alter the parties to a case must be by the agency. The agency shall serve all new parties but may serve only the attorney for each previously named party. Parties not represented by legal counsel shall be served directly. The agency may request the necessary papers, notices, and postage to be provided by the moving party.

(c) Service of any subsequent applications or motions filed on a pending contested case that do not alter the parties to a case may be made by the moving party upon the adverse party. The moving party is only required to serve the attorney for each previously named party. Any party not represented by legal counsel must be served directly. The original petition or motion and proof of service shall be filed with the agency.

(d) Notices mailed by the agency after service of the original application for hearing must be served upon the attorney for each named party. Any party not represented by legal counsel must be served directly. If the notice requests or requires the appearance or action of a specific party, that party must also be served.

(e) Decisions or orders issued by the agency must be served on all parties, by mail, e-mail to the e-mail address on file, FTS, or personally on the date of hearing. Upon mailing, e-mailing, FTS or personal service, the original order and copies must show a mailed date or acknowledgement of personal service on their face, from which date the appropriate appeal period shall run.

(f) Service of all other papers, unless otherwise directed by law, may be made by mail, e-mail, or FTS by the moving party upon the adverse party and proof of such mailing shall be prima facie evidence of such service. Proof of such service shall be filed with the agency.

(g) Service of all papers under this rule upon employers whose liability under the act is not insured according to the records of the agency, or who have not been granted the privilege of self-insurance, must be by certified mail with a return receipt requested.

Filing of the return receipt is prima facie proof of service.

(h) Service between the parties may be completed electronically if the parties agree to service by e-mail, or electronic file transfer subject to all of the following:

(i) The agreement for service by e-mail or electronic file transfer must set forth the FTS mailbox or e-mail addresses of the parties or attorneys that agree to electronic service.

(ii) Parties and attorneys who have agreed to service by FTS under this subrule shall immediately notify all other parties if the party’s or attorney’s FTS mailbox or e-mail address changes.

(iii) Documents served electronically must be in pdf format or other agencyapproved format that prevents the alteration of the document contents.

(iv) Documents received by a party electronically on or before 11:59 p.m. Lansing, Michigan time, are considered served on the same business day or, if received on a Saturday, Sunday, or state holiday, are deemed to be received on the next business day.

(v) The parties are not required to file a copy of the electronic service agreement with the agency unless a dispute arises as to service by electronic service.

(vi) The electronic sender shall maintain an archived record of sent items that may not be purged until the conclusion of the contested proceedings, including the disposition of all appeals.

(2) The agency may serve documents on the parties, the parties’ attorney, or the parties’ authorized representative by mailing a copy, by FTS to the designated mailbox, by e-mail to the e-mail address on file, or by personal service.

(3) At the discretion of the director, the agency may use alternative service methods including any of the following:

(a) Transmitting by facsimile.

(b) Utilizing a commercial delivery service.

(c) Leaving a copy of the document at the residence, principal office, or place of business of the person or agency required to be served.

(4) Documents and pleadings may be filed in a proceeding by mailing, personal delivery, facsimile, FTS, or other agency-approved electronic filing system, if provided.

(5) All document filings must be formatted using a 12-point font on 8½ x 11-inch paper, unless filed electronically using an agency-approved electronic filing system.

(6) Documents and pleadings filed by mail, e-mail, an agency approved electronic filing system, personal delivery, or facsimile and received by the agency on or before 11:59 p.m. Lansing, Michigan time are considered filed on the same business day. If received on a weekend or holiday, they are considered received in the following business day.

(7) A required signature means a written signature, or an electronic signature.

History

• History: 1979 AC; 1984 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.37 Rescinded {#sec-r-408.37 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.37}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.38 Application for advance payment of compensation {#sec-r-408.38 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.38}

Rule 8. An applicant shall submit an application for advance payment of compensation on form WC-108, or its electronic equivalent. If the carrier, second injury fund, self-insurers’ security fund, PEGSISF, or first responder presumed coverage fund refuses to approve the application, then the matter must be set for hearing to determine whether the application should be approved. A carrier, second injury fund, self- insurers’ security fund, PEGSISF, or first responder presumed coverage fund shall not approve, and a magistrate shall not order, an advance payment of compensation to a minor dependent until a legal guardian has been appointed.

History

• History: 1979 AC; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.39 Redemptions {#sec-r-408.39 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.39}

Rule 9. (1) An agreement to redeem the liability of the carrier, second injury fund, self-insurers’ security fund, PEGSISF, silicosis and dust disease fund, or first responder presumed coverage fund must be submitted on form WC-556, or its electronic equivalent, agreement to redeem liability. The agreement must be accompanied by a report from a licensed medical provider or examiner.

(2) A request for review of an order of a workers’ compensation magistrate entered under section 837(1) of the act, MCL 418.837, must be filed in writing with the director.

Filing may be accomplished by hand delivery, mailing, facsimile, or other electronic means as prescribed by the director.

(3) A request for review must be received by the director not later than 15 days after the service date that appears on the face of the redemption order.

(4) The party filing a request for review shall provide copies to all other parties at the time of filing with the director.

(5) The party filing a request for review shall file with the director a copy of the transcript of the redemption hearing within 30 days of filing the request for review. A copy of the transcript must be provided to all parties at the time of filing with the director.

The director may grant extensions of time to comply with this requirement for sufficient cause shown.

(6) If the director requests review of the order of the workers’ compensation magistrate, the director is responsible for adherence to these rules.

(7) Service of all filings made under this rule may be made upon a party’s attorney of record. A party not represented by an attorney must be served personally or by mail.

(8) Proof of service must be filed with the director with each filing and served upon all parties or their attorney.

(9) Failure to comply with these rules may result in dismissal of the request for review.

History

• History: 1979 AC; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.40 Stoppage, reduction, or suspension of compensation {#sec-r-408.40 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40}

Rule 10. (1) If compensation is being paid under an order or award of the magistrate, workers’ disability compensation appeals commission, or an appellate court, then compensation may not be discontinued or reduced without a further order or award, except as provided in subrules (3) and (4) of this rule and sections 301(8), 301(9)(c), and 401(6) and 301(9)(c) of the act, MCL 418.301 and 418.401.

(2) At the time of filing an application requesting a stoppage of compensation, the moving party shall provide to the claimant and counsel, if represented, the following:

(a) Proof of payment of compensation to within 15 days of the date of the filing of a petition to stop compensation and either:

(i) An affidavit stating that the employee has returned to gainful employment paying wages at or greater than his or her average weekly wage at the time of injury and that substantially describes the nature of the employment.

(ii) A signed statement from 1 of the following:

(A) A physician stating that the employee is able to return to unrestricted employment.

(B) A physician stating that the employee is able to return to restricted employment accompanied by an affidavit demonstrating that such reasonable employment has been offered, or is reasonably available, to the employee.

(C) A physician stating that the conditions found to be work-related cease to exist and are no longer a cause of current wage loss.

(D) Proof of any other ground for stopping benefits permitted by law.

(3) Upon receipt of an application requesting a stoppage of compensation, the agency shall schedule a hearing with a magistrate within 60 days.

(4) If a letter that carries a compensation check is returned by the United States Post Office unopened, and if a diligent search has been made for the party to whom compensation payment is due under the terms of an order or award, then the party liable for payment may suspend payment upon filing with the agency an affidavit that the check was returned and a diligent search was made to locate the party. The suspension may not prejudice the reinstatement of suspended payments.

(5) Upon filing of the report required by R 408.31a(6)(e) and notification to an employee, compensation benefits may be reduced in accordance with the act for changes in dependency, coordination of benefits, wages earned, and age 65 reductions.

(6) Except as provided under section 354 of the act, MCL 418.354, where the carrier, PEGSISF, first responder presumed coverage fund, or self-insurers’ security fund has voluntarily paid benefits or paid benefits pursuant to a voluntary pay agreement, no reimbursement of previously paid benefits may be ordered against the employee unless the employer or carrier establishes that the employee concealed post-injury earnings, or establishes that benefits were overpaid as a result of a mathematical, technological, or clerical error. Reimbursement of previously paid benefits shall not be ordered where an employer or carrier unreasonably changes its position regarding whether a condition is work-related or whether a claimant was disabled. If an overpayment occurs as result of a mathematical, technological, or clerical error, the employer or carrier shall not recoup overpayments by reducing ongoing weekly benefits greater than 50% as provided in section 354(9) of the act, MCL 418.354. A magistrate may, in his or her discretion, waive reimbursement of an overpayment upon an employee’s showing of undue harm. The magistrate may take into consideration whether recoupment of an overpayment would not serve the purposes of the act.

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.40a Rescinded {#sec-r-408.40a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40a}

Editor's note: Former R 408.40a, pertaining to pre-trial procedure, was rescinded by 1954 ACS 65.

For history of the rescinded rule, see 1970-71 AACS.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.40b Appearances at conferences {#sec-r-408.40b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40b}

Rule 10b. (1) In a contested case, in a hearing district designated by the director, the parties or their attorneys shall appear before the agency at any hearing or mediation conference at a date and place scheduled by the director in person, by telephone, video conference, or other electronic means. Failure of the petitioner or his or her attorney to appear in a timely manner and participate in a mediation conference may result in the application for mediation conference or hearing being deemed to have been voluntarily withdrawn under section 205 of the act, MCL 418.205. Failure of the defendant or its attorney to appear in a timely manner and participate in a mediation conference may subject the defendant to being charged immediately under R 408.35 for noncompliance with the act. A party that fails to appear and participate in a scheduled mediation conference shall obtain the dates for any future mediation conferences or hearings scheduled.

(2) The agency may require any information from the parties that may be necessary to monitor the progress of the case, assist in the voluntary exchange of information between parties, and facilitate the scheduling of cases.

(3) If the parties agree to compromise the dispute by voluntary payment, the terms of such payment must be specified on the voluntary payment form signed by both parties and the director or designated representative. If the benefits agreed to are not paid within 30 days of the date the agreement is personally served or mailed by the agency, then the carrier shall pay to the employee penalties in accordance with section 801 of the act, MCL 418.801.

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.40c Rescinded {#sec-r-408.40c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40c}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.40d Rescinded {#sec-r-408.40d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40d}

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.40e Rescinded {#sec-r-408.40e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40e}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.40f Rescinded {#sec-r-408.40f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40f}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.40g Rescinded {#sec-r-408.40g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40g}

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.40h Rescinded {#sec-r-408.40h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40h}

History

• History: 1980 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.41 Notice of insurance {#sec-r-408.41 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41}

Rule 11. (1) Every notice of issuance of a workers' disability compensation insurance policy must be reported to the agency on form WC-400, or its electronic equivalent, insurer's notice of issuance of policy. If the employer is a partnership, the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, the notice must state the assumed name and each Michigan location covered. If the employer is a corporation doing business through a number of divisions, the notice must state the names of all the divisions of the corporation. The agency shall be notified when any insurance company receives a change of address of an insured.

(2) A form WC-403, or its electronic equivalent, insurer’s notice of name or address change, shall be filed when an employer is updating, adding, or deleting information related to a business name, address, or division. Any changes must be specific to the federal identification number noted on the form. Changes to business entities under different federal identification numbers will require separate forms for each number.

History

• History: 1979 AC; 1980 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.41a Termination of insurance {#sec-r-408.41a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41a}

Rule 11a. A notice of termination of the liability of an insurance company on a policy covering the risk of an employer under the act must be reported to the agency on form WC-401, or its electronic equivalent, notice of termination of liability. A copy of the notice must be mailed to the employer. If the employer is a partnership, the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, the notice must state the assumed name and the names of all parties doing business under the assumed name. If the employer is a corporation doing business under a number of divisions, the notice must state the names of all the divisions of the corporation. If a business changes names notice must be given stating both the new and former names. Notice of termination of a policy which has expired shall not be reported when the insurance carrier has accepted responsibility under a further or renewal policy, except for an assured's name change.

History

• History: 1980 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.41b Notice of election to be excluded as employees under act {#sec-r-408.41b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41b}

Rule 11b. (1) A notice of election to be excluded under section 161(5) of the act, MCL 418.161, must be reported to the agency on form WC-337, or its electronic equivalent, notice of exclusion. The employer shall have the notice notarized. If the employer is a partnership or corporation, then the notice must state the names of all the partners or corporate officers. If the employer is doing business under an assumed name, then the notice must state the assumed name and each Michigan location covered.

(2) The employer shall certify that the employees signing the exclusion comprise all of the employees of the employer. The employer shall further certify that all employees are eligible to be excluded under section 161(2) or (3) of the act, MCL 418.161. Each employee shall furnish his or her social security number and certify that the employee voluntarily signed the election to be excluded. The employer shall furnish its federal identification number. The employer shall furnish each employee with a copy of the completed exclusion form before filing the form with the agency. The exclusion shall become effective upon receipt of the notice of exclusion by the agency.

History

• History: 1987 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.41c Notice of election to terminate exclusion as employees under act {#sec-r-408.41c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41c}

Rule 11c. (1) Every notice of election to terminate an exclusion from coverage previously filed under section 161(5) of the act, MCL 418.161, must be reported to the agency on form WC-338, or its electronic equivalent, notice to terminate exclusion. The employer shall have the notice notarized. The notice must state the reason for terminating the exclusion. The notice to terminate exclusion must certify that all employees and the employer signing the notice to terminate exclusion have received a copy of the completed notice to terminate exclusion before filing the notice with the agency. The employer shall furnish its federal identification number.

(2) The termination of exclusion is effective not later than 20 days after the notice to terminate exclusion is received by the agency. If a carrier is providing coverage at the time the notice to terminate exclusion is filed, or assumes coverage during the 20-day period, then the notice to terminate exclusion is effective on the date the carrier assumes coverage.

History

• History: 1987 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.42 Application for specific risk insurance policy to cover specified construction site {#sec-r-408.42 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42}

Rule 12. An applicant may make written application to the agency for permission to obtain a specific risk insurance policy to cover all employers on a specified construction site where the cost of construction will be more than $65,000,000.00 and the contemplated completion period will be 5 years or less. The application must give sufficient detail to specify the location of the proposed construction site, a breakdown of the total cost, and the contemplated completion period for the construction. After considering the application and all supportive data, the agency shall either grant approval or advise the owner of the requirements to be met before approval is granted. The applicant shall be given 30 days from the receipt of the agency’s notice in which to comply with the requirements of the agency. The approval for a specific risk policy is not effective until the agency has received proof that all requirements of the agency for issuance of a specific risk policy to cover a specified construction site have been met. The applicant, at the discretion of the director, may be granted additional time to meet the requirements for approval of a specific risk policy. A request for an extension of time must be made in writing within the 30-day compliance period. If the agency does not receive proof that all requirements for the approval of a specific risk policy for a specified construction site have been met within the time prescribed, then the application is considered withdrawn.

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.42a Notice of insurance; specified construction site insurance policy {#sec-r-408.42a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42a}

Rule 12a. If an insurance policy is issued to cover a specified construction site where the cost of the construction will be more than $65,000,000.00 and the contemplated completion period will be 5 years or less, then the insurers shall notify the agency on a form WC-400A, insurer’s notice of issuance of specific risk policy, of the date upon which the employer became subject to the specific insurance policy.

If the employer is a partnership, then the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, then the notice must state the assumed name and the names of the parties doing business under the assumed name. If the employer is a corporation doing business through a number of divisions, then the notice must state the name of the employer and the divisions that are covered under the specific risk policy. The specific risk carrier shall notify the agency when the specific risk carrier receives a change of address for the employer.

History

• History: 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.42b Termination of insurance; specified construction site insurance policy {#sec-r-408.42b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42b}

Rule 12b. (1) A notice of termination for coverage of an employer under an insurance policy covering the specified construction where the cost of construction will be more than $65,000,000.00 and the contemplated completion period will be 5 years or less, must be reported to the agency on form WC-401A, notice of termination of liability for employer under specific risk policy.

(2) The insurer shall mail a copy of the notice to the employer. If the employer is a partnership, then the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, then the notice must state the assumed name and the names of all parties doing business under the assumed name. If the employer is a corporation doing business under a number of divisions, then the notice must state the name of the employer and the divisions of the corporation covered by the termination. If the business changes names, then notice must be given stating both the new and former names. Notice of termination of a policy that has expired may not be reported when the specific risk carrier has accepted responsibility under a further or renewal policy, except for an assured’s name change. The termination notice must be filed with the agency at Lansing, Michigan, not less than 20 days before the effective date of any termination or cancellation of the policy with respect to the employer. The notice must give the date of termination or cancellation of the contract or policy with respect to the employer. Termination or cancellation of the specific risk policy takes effect, with respect to the employees of the insured employer, 20 days after notice of a proposed termination or cancellation is received by the agency.

History

• History: 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43 Employer self-insured application; combinable entities {#sec-r-408.43 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43}

Rule 13. (1) An employer who applies for the authority to become an individual self-insurer shall apply to the agency on form WC-402, or its electronic equivalent.

(2) The initial and annual renewal application must contain answers to all questions, shall include all requested supporting information, as directed, and be sworn to by an authorized representative of the employer whose signature is notarized.

(3) Separate legal entities may be self-insured under a single authority if they are majority-owned by the self-insured entity submitting the application or if the same person or group of persons owns a majority interest in each entity on a single application.

"Majority interest" of a corporation means ownership of a majority of the voting stock or authority to appoint a majority of directors, if there is no voting stock. "Majority interest" of a partnership means majority partnership interest by the same person or group of persons. "Majority interest" in a limited liability company means majority member ownership by the same person or group of persons.

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43a Employer individual self-insurer; surety bond or letter of credit; consideration of employer in business less than 5 years; excess liability insurance; required guaranties; claims service companies; self-administered claims {#sec-r-408.43a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43a}

Rule 13a. (1) A nonpublic self-insurer may be required to furnish a surety bond or letter of credit. The agency will establish the amount of security at the time of initial application. The agency shall review the adequacy of security periodically. The agency shall prescribe the format and language of the bond or letter of credit. The agency shall accept surety bonds only from a surety writer authorized to transact security bond business in Michigan. A surety bond must provide for 60 days' notice of cancellation to the agency. Letters of credit are administered under R 408.43q.

(2) An employer that is in business less than 5 years may not be considered for selfinsured authority unless its worker’s disability compensation liability will be guaranteed by a parent corporation or combinable affiliated entity that has been in business not less than 5 years and that would qualify for self-insured authority in Michigan.

(3) The agency shall require specific excess liability insurance, with policy limit and retention acceptable to the agency, for every self-insured employer, unless the agency, at its discretion, waives the requirement. The agency may require aggregate excess liability insurance as a condition of approval for a self-insured employer. Specific and aggregate excess liability insurance policies are accepted under R 408.43k.

(4) Parent corporations shall guaranty all liability incurred by their self- insured subsidiaries under the act, unless the agency, at its discretion, waives the requirement.

The agency shall prescribe the form and substance of the guaranties. The agency may require employers, combinable under a single self-insured authority, to execute workers' disability compensation payment guaranties as a condition for approval of the selfinsured authority. The agency shall prescribe the form and substance of the guaranties.

(5) A self-insurer approved under section 418.611(1)(a) of the act, MCL 418.611, shall contract with a claims service company approved by the agency under R 408.43m.

The agency may approve a self-insurer to self-administer claims if the employer has all necessary systems, processes, and reporting capabilities and can demonstrate it has employed competent claims personnel with Michigan workers' compensation adjusting experience.

History

• History: 1980 AACS; 1998-2000 AACS; 2007 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43b Employer individual self-insurer; compliance with agency requirements; notice; additional time; certification; renewal application {#sec-r-408.43b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43b}

Rule 13b. (1) If the agency approves an initial application of an employer to be an individual self-insurer, then the approval must be in writing. The approval letter must contain the excess liability insurance terms, bond, letter of credit, and guaranties required by the agency as a condition of the self-insured authority. The employer has 30 days from the receipt of the agency’s notice in which to comply with the requirements of the agency. The self-insured authority may not become effective until the agency has received proof that all requirements of the agency for self- insured authority have been met.

(2) The employer may, at the discretion of the agency, be granted additional time to meet the requirements for the self-insured authority. An employer shall make a request for an extension of time in writing within the 30-day compliance period. If the agency does not receive proof that all requirements for the self-insured authority have been met within the time prescribed, then the application is considered withdrawn.

(3) The agency will issue a letter certifying self-insured authority to the employer when the employer meets the requirements of the agency. The self-insured authority for all approved employers expires on the designated renewal date, which may not be more than 12 months from the effective date of the authority. A self-insured employer shall submit a renewal application (form WC-402R), or its electronic equivalent, and requested documents, including a current financial statement and loss information, to the agency 30 days before the expiration of the self-insured authority. Upon receipt of a renewal application, the authority is extended until denied or approved for an additional 12 months.

History

• History: 1980 AACS; 1998-2000 AACS; 2013 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43c Financial, loss experience and liability exposure analysis; notice of denial or termination {#sec-r-408.43c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43c}

Rule 13c. (1) The agency may decline to approve an application for, or may terminate the self-insured authority, if an employer is unable to demonstrate a position of reasonable solvency and the ability to pay benefits as prescribed in the act. The agency analysis of each nonpublic employer application shall include a review of the employer’s financial position and operating results. Standard financial ratio analysis and comparison to similar industry statistical data will be considered in the financial position analysis.

Other information relevant to the applicant’s financial ability, including, but not limited to, the following, will be considered:

(a) The historical operating results.

(b) Evaluation of financial trends.

(c) Banking relations.

(d) Contingent liabilities.

(e) Pending litigation.

(f) Corporate guaranties.

(g) Management team continuity and experience.

(h) General and specific industry economic conditions.

(i) Legal structure.

(2) The agency’s analysis of the employer’s loss experience and liability exposure shall include, but is not limited to, the following:

(a) Claims for not less than 3 policy years broken down by paid, reserve, and total incurred amounts.

(b) Number of employees.

(c) Payroll code classifications.

(d) Excess liability insurance policy terms.

(3) The agency shall mail notice of a denial or termination of self-insured authority to the employer. The notice must include the grounds for denial or termination. The employer may request a hearing in accordance with section 611(5) of the act, MCL 418.611, and R 408.43n.

History

• History: 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43d Group self-insurers; application {#sec-r-408.43d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43d}

Rule 13d. Application for group coverage, as contemplated in section 611 of the act, MCL 418.611, for the express purpose of establishing a group self-insurers' fund, to be administered under the direction of an elected board of trustees and to provide workers' compensation coverage for a group of private employers in the same industry or for public employers of the same type of unit, must be made to the agency. The application must be made on a form prescribed by the agency and shall contain answers to all questions. Answers must be given under oath.

History

• History: 1980 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43e Group self-insurers; new and renewal application requirements {#sec-r-408.43e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43e}

Rule 13e. (1) A new application, as submitted by the initial board of trustees of the self-insurer's fund, must be accompanied by all of the following:

(a) A copy of the approved bylaws of the proposed group self-insurers' fund.

(b) A copy of the original individual member application approved by the board of trustees for each member of the group applying for coverage in the fund.

(c) A current financial statement of each member of a private self-insurers' group that, taken collectively, shows both of the following:

(i) The combined net assets of all members applying for coverage on the inception date of the fund, which may not be less than $1,000,000.00.

(ii) Working capital, which must be in an amount that establishes the financial strength and liquidity of the business.

(d) A composite listing of the estimated standard premium to be developed by each member of the group individually and in total as a group.

(e) Proof of payment by each member of not less than 25% of the estimated annual standard premium into a designated depository.

(f) An excess insurance policy that is issued by an authorized carrier in an amount acceptable to the agency and complies with the requirements set forth in R 408.43k.

(g) A copy of a signed service agreement that designates an approved service company.

(h) A copy of the current contract or agreement between the trustees and the administrator if one is used.

(i) Proof of a fidelity policy in a form and amount acceptable to the agency.

(j) If required, a surety bond written by an authorized carrier or other security in a form and amount acceptable to the agency.

(k) In the case of a private employer's group, an indemnity agreement jointly and severally binding the group and each member of the group to comply with the provisions of the act. The indemnity agreement must conform to an indemnity agreement as approved by the agency.

(l) A breakdown of all rates by code classification that will be used by the group fund to develop final audited premium, including an exhibit that shows all administrative expenses as a percentage of estimated final audited premium and loss fund developed under the aggregate excess contract as a percentage of final audited premium.

(m) The trustees shall provide proof, satisfactory to the agency, that the annual gross premiums of the fund will be not less than $500,000.00.

The premium collected from each member must be based upon applying the appropriate manual rates per payroll code classification as approved by the agency and the excess carrier. The premium collected from each participant in a group selfinsurance program must be adjusted by an experience modification formula approved by the agency.

The total premium collected from all participants must be sufficient to fund the loss fund developed under the excess insurance contract and the total administrative expenses of the group fund. A written excess insurance policy must confirm that the rate structure proposed by the aggregate excess insurer will be used by the group fund to develop the loss fund under the aggregate excess contract. The loss fund shall be 75% of final audited premium or as approved by the agency.

(n) Proof, satisfactory to the agency, must be provided to prove that the fund has, within its own organization, ample facilities and competent personnel to service its own program with respect to underwriting matters and loss control services or the fund shall contract with an approved service company to provide the services. An approved service company must be used to handle claims adjusting and reporting of loss data to the agency.

(2) Each group fund shall submit a renewal application to the agency 30 days before the expiration of the self-insurance privilege, together with the terms of renewal for the excess insurance contract. Upon receipt of the renewal application, the selfinsurance privilege is extended until it has been acted upon by the director. The application must be accompanied by all of the following:

(a) Evidence of the financial ability of the group to meet its obligations under the act.

(b) Confirmation of an excess insurance policy that is issued by an authorized carrier in an amount acceptable to the agency and complies with the requirements set forth in R 408.43k. With the approval of the director and after meeting all requirements the director imposes, a group self-insurance fund may use a letter of credit in place of aggregate excess insurance if the fund gives the agency 6 months' notice of its intent to use a letter of credit.

(c) A copy of a signed service contract that designates an approved service company, which provides for claims administration and reporting of loss data to the agency, and which may include underwriting and loss control services, unless approval has been granted to self-administer claims.

(d) Proof of a fidelity policy in a form and amount acceptable to the agency.

(e) A breakdown of all rates by code classification that will be used by the group fund to develop final audited premium. If aggregate excess insurance is required by the agency, the rates used by the fund to develop final audited premium must be the rates used by the aggregate excess insurer and shall be included as an exhibit to the aggregate excess insurance policy. In addition, an exhibit that shows all administrative expenses as a dollar amount and a percentage of estimated final premium and the loss fund developed under the aggregate excess contract as a percentage of final audited premium must be provided.

(f) A copy of the current contract or agreement between the trustees and the fund administrator, if one is used.

(g) Proof provided by the trustees that the premium collected from each member is based upon applying the appropriate manual rates per payroll code classification as approved by the agency and the excess insurance carrier or consulting actuary. Each member's premium must be experience rated. The experience modification formula must be approved by the agency. The total premium collected from all participants must be sufficient to fund all administrative expenses and the estimated loss fund developed under the excess insurance contract. The loss fund must be 75% of final audited premium or as approved by the agency. If a letter of credit is used in place of aggregate excess insurance, the fund shall collect sufficient premiums to fund the ninetieth percentile confidence level of losses, as calculated by a consulting actuary, and all administrative expenses. If a public employer group fund operates with specific excess insurance only, the fund shall collect sufficient premiums to fund the ninetieth percentile confidence level of losses, as calculated by a consulting actuary, and all administrative expenses of the fund.

(h) If the fund intends to provide underwriting and loss control services, the fund shall provide proof that the fund has ample facilities and competent personnel to service the programs.

(i) If the fund requests approval to self-administer claims, then all of the following must be provided:

(i) Proof that the fund has been in operation not less than 5 years.

(ii) Proof that the fund has annual collected premium of more than $10,000,000.00.

(iii) A written document in which the fund agrees to all of the following provisions:

(A) The fund will demonstrate that the estimated cost of selfadministration of the claims program will be fully funded by premium collections.

(B) The fund will demonstrate that it has ample facilities and competent staff, including licensed adjusters with workers' compensation qualifications under chapter 12 of the insurance code of 1956, 1956 PA 218, MCL 500.1200 to 500.1247, who will be handling the workers' compensation claims.

(C) That the claims-handling function will be subject to an annual independent audit of all established cases and operational processes. The independent auditor will meet guidelines established by the agency.

(D) That annually, the fund administrator will provide a written assertion to the fund's independent certified public accountant that the fund's claim-paying function maintains an effective internal control structure over financial reporting as of the fund's fiscal year end. The fund's independent certified public accountant shall issue a report on the administrator's assertion in accordance with statements on standards for attestation engagements No. 2 (SSAE#2), as amended.

(E) The group fund will furnish loss data in a form acceptable to the agency and the excess carrier.

(F) That failure to provide accurate and timely payment of claims or failure to meet the requirements of self-administered claims may result in termination of approval to self-administer claims.

(G) That the excess insurer will provide documentation of its approval of the group fund's self-administration of claims.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 1997 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43f Group self-insurance; same industry requirement; approval; review; certificate {#sec-r-408.43f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43f}

Rule 13f. (1) After considering an application for group self-insurance and all supportive data, the agency shall either grant approval or advise the trustees of the selfinsurers' group of the requirements to be met before approval is granted. In determining whether private employers are in the same industry, the agency may use the standard industrial classification codes assigned to each employer applying for membership in the group. The agency shall also consider all information available on the nature of the business of each private employer and may require the group fund to present additional evidence, either oral or written, to verify that all employers applying for membership in the group fund meet the statutory requirement of being in the same industry. The group has 30 days from the receipt of the agency’s notice to comply with the requirements of the agency. The self-insured authority may not become effective until the agency has received proof that all requirements of the agency for selfinsured approval have been met.

(2) The group may, at the discretion of the director, be granted additional time to meet the requirements for the self-insured program. A request for an extension of time must be made in writing by the group within the 30-day compliance period.

If the agency does not receive proof that all requirements for the self-insured program have been met within the time prescribed, the application is considered withdrawn.

(3) On new and renewal applications, the agency may require evidence that the proposed rate for each payroll classification is adequate to cover expected losses for that payroll classification and evidence that the experience rating formula will be actuarially sound. The agency shall take all of the following factors into account before granting approval for a group self-insurance program:

(a) Past and anticipated losses.

(b) Proper reserves for reported and unreported losses.

(c) Past surplus and expected increase in benefit levels.

(d) Administrative costs.

The agency may contract with a consulting actuary, at the expense of the group fund, to determine if the proposed group self-insurance program will be actuarially sound.

(4) Upon meeting the requirements of the agency, the group shall receive a formal certificate approving its status as a self-insurer. The certificate expires 12 months after the effective date of approval.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43g Group self-insurers' admission of new members; termination of individual members; notice; records {#sec-r-408.43g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43g}

Rule 13g. (1) After the inception date of the fund, prospective new members of the fund shall submit an application for membership to the board of trustees, or its designated representative, on a form approved by the agency. The board of trustees or its designated representative may approve the application for membership pursuant to the bylaws of the group self-insurers' fund. A copy of the original signed application for membership must then be filed with the agency in Lansing. Membership takes effect after approval by the agency.

(2) After a group fund has completed 1 year of operation, application may be made to the director to authorize the group fund to accept new members without prior agency approval. The application must be submitted on forms provided by the agency and shall define all businesses that will be accepted in the same industry within the group. The application must define the financial standards that will be applied by the group in accepting new members.

(3) If approved, the group shall submit confirmation of membership to the agency on form WC-650, or its electronic equivalent, group self-insurance fund notice of acceptance of membership, together with a copy of the individual membership application and the financial report provided by the member. If the employer is a partnership, the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, the notice must state the assumed name and each Michigan location covered. If the employer is a corporation doing business through a number of divisions, the notice must state the names of all the divisions of the corporation. The agency must be notified when any group fund receives a change of address of a member.

(4) Individual members may elect to terminate their participation in a group selfinsurers' program or be subject to cancellation by the group pursuant to the bylaws of the group fund. However, termination or cancellation may occur not less than 20 days after the agency has received notice of the termination or cancellation from the group fund reported to the agency on form WC-651, or its electronic equivalent, group self-insurance fund notice of termination of membership. If the employer is a partnership, the notice must state the names and addresses of all the partners. If the employer is doing business under an assumed name, the notice must state the assumed name and the names of all parties doing business under the assumed name. If the employer is a corporation doing business under a number of divisions, the notice must state the names of all the divisions of the corporation. If a business changes names, notice must be given stating both the new and former names.

(5) The chairman of the board of trustees or, at the chairman's designation, the administrator shall be responsible for maintaining all records of the fund. The fund shall maintain all of the following documents, or their electronic equivalents, with respect to records:

(a) Forms WC-100, 101, 102, WC-701, and WC-107.

(b) Redemption papers.

(c) Excess workers' compensation policies.

(d) Spreadsheets containing premium audit summaries.

(e) Contracts with the group's claims service and administrator.

(f) A complete set of claim loss runs as of the end of each fiscal year.

(g) Certified audit reports.

(h) Minutes of trustee and annual meetings.

(i) Group renewal applications and related documents.

(j) Individual membership applications containing signed indemnity agreements.

The records must be retained for not less than 30 years and the administrator or board of trustees shall know the location of the records at all times. All records of the fund are the property of the fund. If the records are held by the funds service company, the records must immediately be surrendered to the fund upon the fund's request.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43h Group self-insurance; reports and filings {#sec-r-408.43h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43h}

Rule 13h. (1) The group shall make all reports and filings required of carriers by the act. In addition, the group fund shall comply with all of the following provisions:

(a) The financial position of the group fund shall be reported, by the trustees or their designated representative, on a quarterly basis for each open fund year. The report is due within 30 days after the quarter ends.

The format for the report may be prescribed by the agency. A fund year is considered open as long as there are unsettled claims. The annual financial statements must be audited by a certified public accountant and filed with the agency within 180 days after the fund year ends.

If a fund ceases to provide coverage on an ongoing basis, annual audited financial statements must be provided to the agency within 180 days of the end of the fund's fiscal year.

(b) The fund shall file summary loss data, in a manner prescribed by the agency, on each fund year within 30 days after the evaluation date. Losses must be evaluated on a monthly basis or as required by the agency.

(c) The fund shall file a copy of the minutes of all trustee meetings with the agency within 30 days after the meeting.

(d) The fund shall provide reports or filings on payroll audits, investments, experience rating, or any other information concerning the group fund upon specific request of the agency.

(e) An authorized representative of the fund shall sign all financial reports and minutes submitted.

(2) A fund that fails or refuses to file the reports specified in this rule within the time limits prescribed may be notified that its authority to be self-insured will be terminated. If a fund's authority is terminated, then the fund must be notified of the grounds for termination. The fund may request a hearing in accordance with R 408.43n.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 1997 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43i Group self-insurer's fund; board of trustees' power and duties; investment restrictions {#sec-r-408.43i omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43i}

Rule 13i. To ensure the financial stability of each group self-insurers' fund, a board of trustees of each fund is responsible for all operations of the fund. A board of trustees is a group of members elected by the membership of the fund for stated terms of office. The majority of the trustees must be owners or employees of members of the self-insurers' fund, but a trustee may not be an owner, officer, or employee of a service company. The board of trustees of each fund shall take all necessary precautions to safeguard the assets of the fund, including all of the following:

(a) Designate a trustee as administrator or, in the alternative, hire an employee or designate an individual to act as the group fund administrator. The trustees may delegate to the administrator the duties they determine proper. The duties may include, but are not limited to, advising the board with regard to any of the following:

(i) Contracting with a service company.

(ii) Determining the premium charged.

(iii) Investing surplus money, subject to the restrictions set forth in this rule.

(iv) Accepting applications for membership. However, the board of trustees remains the responsible party for the operation of the fund. The duties delegated to the administrator and all compensation to be paid to the administrator must be reduced to writing, and a copy provided to the agency with each annual group renewal application.

The group fund administrator may not be an owner, officer, or employee of a service company. The trustees shall purchase a fidelity policy covering the fund trustees, administrator, employees of the fund, and the service company in an amount sufficient to protect the assets of the fund. A copy of the fidelity policy will be provided to the agency with each annual renewal.

(b) Limit disbursements to payment and expenses of handling claims and administrative expenses necessary for operating the fund. The board of trustees shall also establish necessary accounts and accounting procedures for control and accurate financial reporting. Established accounting procedures must provide accurate financial information for each open year individually with respect to revenue and expense until the year is closed out. The board of trustees shall maintain, and be responsible for, all records and documents relating to the formation and ongoing operation of the group self-insurance fund. If the board of trustees does not maintain the records in a responsible manner and in accordance with these rules, then the self-insured approval of the fund may be terminated by the director.

(c) Audit the accounts and records of the fund annually or at any time required by the agency. Audits must be made by certified public accountants or by authorized representatives of the agency. The agency reserves the right to prescribe the type of audits to be made and the uniform accounting system to be used by the self-insurers' fund to enable the agency to determine the solvency of the group self-insurers' fund. Copies of financial audits prepared by certified public accountants must be filed with the agency in Lansing within 180 days after the close of the fund year. Claim reserve audits used in support of surplus distribution requests must be performed by auditors who meet the requirements of the agency relating to independence, report content, and timing.

(d) Not extend credit to individual members for payment of premium.

(e) Apply a penalty rate in excess of the normal premium to any risk that has unfavorable loss experience, if the member and the agency are notified in writing before the effective date of the change in rates.

(f) Not utilize any of the money collected as premiums for any purpose unrelated to workers' compensation. Further, the board of trustees shall not borrow any money from the fund or in the name of the fund without advising the agency of the nature and purpose of the loan and obtaining agency approval. The board of trustees may, at its discretion, invest any surplus money not needed for immediate cash needs, but the investments shall be limited to United States government bonds, United States treasury notes, United States government agency issues, United States government-sponsored enterprises, investment share accounts in any savings and loan association and credit unions that have their deposits insured by a federal agency, and certificates of deposit issued by a duly chartered commercial bank. Deposits in savings and loan associations, credit unions, and commercial banks must be limited to institutions in this state and may not exceed the federally insured amount in any 1 account, except that the federally insured amount in any 1 account in a commercial bank may be exceeded if the account amount involved does not exceed either of the following factors:

(i) Five percent of the combination of surplus and undivided profits and reserves as currently reported for each bank in the state in the banking division annual report of the office of financial and insurance regulation.

(ii) Five hundred thousand dollars per institution. A group self-insurance fund shall not invest in mutual funds, except that investments in money market mutual funds of short-term duration which invest only in government agency issues, governmentsponsored enterprises, and government bills, bonds, and notes are allowed for short-term cash investment needs. As used in this paragraph, "short-term duration" means 180 days or less.

(g) The board of trustees of a group self-insurance fund, subject to the limitations set forth in subdivisions (h), (i), and (j) of this subrule, may, in its discretion, and upon contracting with a bank trust department or with a professional investment advisor registered with the securities and exchange commission under the investment advisors act of 1940, 15 U.S.C. '80B-3, invest money not needed for immediate cash needs in corporate bonds and municipal bonds and common and preferred stock.

(h) Limit the combined holdings of corporate and municipal bonds to not more than 45% of the market value of the available investment portfolio. Corporate and municipal bonds must be (A) rated or better by at least 2 nationally recognized rating services.

Holdings in any 1 corporation or municipality may not be more than 5% of the total amount eligible for investment in corporate and municipal bonds as set forth in this subrule.

(i) Of the 45% of the market value of the investment portfolio available for investment in municipal or corporate bonds, 45% may be invested in common or preferred stocks. Common or preferred stocks must be limited to publicly owned companies that trade on a United States regulated exchange. Mutual funds or bank pooled funds that invest in common or preferred stocks are permitted and must be calculated as part of the percentage of market value available for investment in common and preferred stocks.

(j) Ensure that the professional investment advisor completes a compliance review of the investment portfolio on a quarterly basis. A copy of the investment review shall be provided to the fund and the agency within 30 days of the close of each quarter. The annual financial statements must be audited by a certified public accountant and shall include a certification as to whether the fund has complied with the requirements for investments. Failure to report on investments as required by this rule may result in withdrawal of the authority to invest in corporate and municipal bonds or common and preferred stocks, or both.

(k) Any group fund found to have investments in vehicles other than as provided by this rule has 30 days or a time period approved by the director to divest themselves of the investments. Failure to meet the divestiture requirement may subject the fund to further sanction by the director.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 1997 AACS; 2003 AACS; 2007 AACS; 2013 AACS; 2015 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43j Group self-insurers' funds; advance premium discounts; surplus money; surplus investment income and premiums; unfunded claims {#sec-r-408.43j omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43j}

Rule 13j. (1) The trustees of any group self-insurers' fund shall not authorize advance premium discounts to any member in excess of those authorized by the excess insurance underwriter and approved by the agency. If discounts are approved by the excess carrier and the agency, the excess carrier shall agree to base the loss fund on the premium collected after discount.

(2) Any surplus money for a fund year in excess of the amount necessary to fulfill all obligations under the act for that fund year, including a provision for claims incurred but not reported, may be declared to be refundable by the trustees at any time, and the amount of the declaration is a fixed liability of the fund at the time of the declaration. The date of payment is as agreed to by the trustees and the agency, except that money not needed to satisfy the loss fund requirements, as established by the aggregate excess contract, may be refunded immediately after the end of the fund year with the approval of the agency. The intent of this rule is to ensure that sufficient money is retained so that total assets are greater than total liabilities for each fund year.

(3) If premiums collected and earned investment income associated with any fund year are insufficient to completely fund all reported claims and expenses for that year, unfunded amounts, by fund year, must be reported immediately to the agency with the proposed plan to achieve 100% funding. The plan to achieve 100% funding for all claims is subject to agency approval. A plan may include, but is not limited to, all of the following:

(a) Use of premiums collected in other fund years, but not necessary for payment of claims or expenses in the year collected.

(b) Use of investment earnings associated with other fund years, but not necessary for payment of claims or expenses in the year in which associated.

(c) Assessment of members by order of the agency.

(4) The agency may allow investment income earned by a group selfinsurance fund during a calendar year to be returned to the fund membership without prior agency approval if the fund trustees provide all of the following documentation:

(a) Certification, to the agency, in the form of a letter from a certified public accountant, attesting to the amount of investment income earned during the calendar year.

(b) Certification to the agency, by the board of trustees, of the amount of the investment income and of the employers to whom the investment income is to be distributed.

(c) Certification by the board of trustees and the group's certified public accountant that, after the distribution of investment income, the aggregate retention in the current fund year, as determined by the group's excess insurance carrier, and all administrative expenses will be fully funded.

(d) If the fund operates with specific excess insurance only or a letter of credit in place of aggregate excess insurance, the board of trustees and the group's certified public accountant shall certify that, after the distribution of investment income, ultimate loss, as calculated by a certified actuary at a 90% confidence level, and all administrative expenses will be fully funded.

(e) Certification by the board of trustees and the fund's certified public accountant that the fund's financial statements are not discounted and do not consider the time value of money.

The information specified in subdivisions (a) to (e) of this subrule must be received by the agency not earlier than December 1, and not later than December 31, of the calendar year in which the investment income is earned and is to be distributed. If the information specified in this rule is not received by the agency in a timely manner, then the agency may withdraw the fund's privilege of returning investment income to fund members without prior agency approval.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43k Aggregate excess liability insurance; specific excess liability insurance; individual self-insurer; group self-insurer {#sec-r-408.43k omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43k}

Rule 13k. The agency shall not recognize a policy of aggregate or specific excess liability insurance in considering the ability of a self-insurer to fulfill its financial obligations under the act, unless the policy is issued by a casualty insurance company authorized, as defined in section 108 of the insurance code of 1956, 1956 PA 218, MCL 500.108, to transact such business in this state. The policy must comply with all of the following provisions unless specifically waived by the agency. Policies issued that do not comply with all provisions of this rule may be considered grounds for termination of the employer's self-insured authority.

(a) The policy may not be cancelable or nonrenewable unless written notice, sent by courier, registered mail or certified mail, is given to the other party to the policy and to the agency not less than 60 days before termination by the party desiring to cancel or not renew the policy.

(b) The policy may not contain endorsements, provisions, or terms that increase the named insured or insureds retentions or increase the amount that must be paid by the named insured or insureds beyond the retentions reported on the declarations page of the policy and the Michigan certificate of specific/aggregate excess liability insurance.

This provision does not apply to customary policy language that may call for increased payments by the insured or insureds for failure to act or abide by a policy provision.

(c) A policy that has any type of commutation clause must provide that any commutation effected under the policy may not relieve the casualty insurance company of further liability with respect to claims and expenses unknown at the time of the commutation or in regard to any claim apparently closed at the time of initial commutation that is subsequently reopened by or through a competent authority. If the casualty insurance company proposes to settle its liability for future payments payable as compensation for accidents occurring during the term of the policy by the payment of a lump sum to the employer, to be fixed as provided in the commutation clause of the policy, then the casualty insurance company or the company's agent shall give the agency not less than 30 days' prior notice of the commutation. Notice must be by courier, registered mail, or certified mail. If any commutation is affected, then the agency has the right to direct that the sum be placed in trust for the benefit of the injured employee or employees entitled to future payments of compensation.

(d) The policy must state that if a private self-insured employer becomes insolvent and is unable to make compensation payments and the self-insurers' security fund may have responsibility for making payment under section 537 of the act, MCL 418.537, then the excess insurance carrier shall make, directly to the claimants or their authorized representatives, payments as would have been made by the excess insurance carrier to the employer after it has been determined that the retention level has been reached on the excess liability insurance policy.

(e) The policy must state that 100% of the following payments must be applied toward reaching the retention level in the specific and aggregate excess liability policy:

(i) Benefit payments made by the employer as required in the act.

(ii) Benefit payments, as required in the act, that are due and owing to claimants of the employer.

(iii) Benefit payments made on behalf of the employer, as required in the act, by a surety under a bond or through the use of other security required by the director.

(iv) Payments made by the self-insurers' security fund.

(v) Usual and customary claims allocated loss adjustment expenses.

(vi) Payments made, as specified in paragraphs (i), (iii), (iv) and (v) of this subdivision, that are reimbursable by the specific excess liability policy may not be considered in reaching the aggregate excess liability retention.

(f) The policy must provide for 100% reimbursement of the following payments that exceed the retention levels as defined in the specific or aggregate excess liability policy:

(i) Benefit payments made by the employer as required in the act.

(ii) Benefit payments made on behalf of the employer as required in the act by a surety under a bond or through the use of other security required by the agency.

(iii) Payments made by the self-insurers' security fund.

(iv) Usual and customary claims allocated loss adjustment expenses.

(g) Reimbursement is pro rata if multiple excess insurers insure the same selfinsured for the same period. A request to waive a provision of this rule must be in writing and approved by the agency before a policy is issued. The carrier shall confirm issuance of an aggregate or specific excess liability policy on a form prescribed by the agency.

History

• History: 1980 AACS; 1984 AACS; 1989 AACS; 1996 AACS; 1998-2000 AACS; 2007 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43m Servicing self-insured employers or groups; application; requirements; noncompliance {#sec-r-408.43m omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43m}

Rule 13m. (1) An individual, partnership, limited liability company, or corporation that desires to engage in the business of providing 1 or more services for an individual self-insurer or a self-insurers' group shall apply to the agency before entering into a contract with the individual or group self-insurer and shall satisfy the agency that it has adequate facilities and competent staff with Michigan workers' compensation adjusting experience within the state to service a self-insured program in a manner that fulfills the employers' obligations under the act and the rules of the agency. Workers' compensation claims of Michigan individual or group self-insured employers shall be handled within the state of Michigan by its staff, except that the director, at his or her discretion, may permit an approved service company to handle the claims of a Michigan individual self-insurer outside of this state upon specific written request by the individual self-insurer and the service company. The request for permission must set forth documentation sufficient to the agency that claims will be handled pursuant to Michigan law, administrative rules, and agency policy. The director will respond to the request in writing, giving the reasons for denial, or if approved, the conditions of approval. The approval may be withdrawn by the director at any time based upon the failure of the service company or employer, or both, to comply with the conditions of the approval.

Service may include claims adjusting, loss control services, underwriting, and the capacity to provide required reporting. Any individual, partnership, limited liability company, or corporation that provides claims adjusting or loss control services to an approved self-insured employer, where the self-insured employer has designated within its own organization an individual to be responsible to the agency for its claims program or loss control services, or both, shall not be considered a service company for purposes of this rule.

(2) An applicant shall apply to the agency for approval to act as a servicing company for self-insured employers or group funds on a form prescribed by the agency. The application must contain answers to all questions. An applicant shall give the answers under oath. The agency shall approve the application prior to the service company entering into a contract with an approved self- insurer. Approval to act as a service company for self-insurers is granted for a period of 1 year and is subject to renewal annually.

(3) If a service company seeks approval to service claims for self-insurers, then it shall submit proof that it has, within its organization at least 1 person who has the knowledge and Michigan workers' compensation adjusting experience necessary to handle claims involving the act. The service company shall attach a resume covering the principal person's background to the application of the service company. The principal individuals adjusting workers' compensation claims shall hold a current workers' disability compensation adjuster's license under chapter 12 of the insurance code of 1956, 1956 PA 218, MCL 500.1200 to 500.1247.

(4) If a service company seeks approval to provide underwriting service to selfinsurers, then it shall submit proof that it has, within its organization or under contract on a full-time basis, at least 1 person who has the knowledge and experience necessary to provide underwriting services for workers' compensation excess liability insurance coverage. The service company shall attach a resume detailing the principal person's background to the application of the service company.

(5) If a service company seeks approval to furnish loss control services to selfinsurers, then it shall submit proof that it has, within its organization or under contract on a full-time basis, at least 1 person who has the knowledge and background necessary to adequately provide loss control and health services.

(6) A service company shall maintain adequate staff in the state. The service company shall authorize staff to act for the service company on all matters covered by the act and the rules of the agency.

(7) A service company shall attach to the application a copy of its standard service agreement that it will enter into with self-insured employers or group funds.

The service company shall certify, in writing, that the service agreement complies with the act and these rules. The service company shall certify, and include a provision in its standard service contract, which states that the contract provides for the handling of all claims with dates of injury or disease within the contract until conclusion of the claims, unless the service company is relieved by the agency, in writing, of the responsibility for handling claims. If the service contract calls for additional fees for any reason, then the service company shall clearly define the additional fees in the contract.

For a service company to be relieved of the responsibility of handling claims to conclusion, the client, the previous service company, and the new service company shall sign a claims transfer agreement. The claims transfer agreement shall be completed on a form prescribed by the agency and shall include a written request made by the previous service company to be relieved of its claims handling responsibilities to the agency. A requesting company is relieved of its claims handling responsibility only after receiving a written response from the agency approving a request. The service company shall certify that it will report to the specific excess insurance carrier or aggregate excess insurance carrier, or both, and put the specific excess insurance carrier or aggregate excess insurance carrier, or both, on notice of all claims as required by the self-insurers' or group self-insurers' insurance policies. The standard service contract filed with the agency for approval and renewal of the service company authority must include language specifically stating that the service company is responsible for reporting to the excess insurance carrier. The agency may waive the reporting requirement upon written request to the agency. Any dispute involving late reporting of excess liability insurance claims and potential penalties must be reported to the agency immediately.

(8) A service company shall certify, and provide for in all service contracts, that all documents generated or prepared by the service company for the group or the individual self-insurer or any materials relating to an individual or group self-insurer held by a service company are the property of the individual or group self-insurer and must be surrendered to the individual or group self-insurer within 10 days of termination of the service contract, subject to written request by the individual or group self-insurer.

(9) Failure to comply with the provisions of the act constitutes good cause for withdrawal of the approval to act as a service company for self-insurers. The agency shall give 30 days' notice of withdrawal. The agency shall give the notice by certified or registered mail, served upon all interested parties.

Dec. 10, 2021.

History

• History: 1980 AACS; 1984 AACS; 1996 AACS; 1998-2000 AACS; 2007 AACS; 2021 MR 23, Eff.

Mich. Admin. Code R 408.43n Hearing before director; self-insured status, individual and group fund; group fund rates, membership applications, security requirements, and surplus refunds {#sec-r-408.43n omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43n}

Rule 13n. (1) Upon receiving a notice of intent to deny or terminate self- insured status under section 611 of the act, MCL 418.611, a party may request a hearing before the director within 15 days of the mailing of the notice by the agency.

Upon receiving a notice denying a request by a group fund for deviation from manual rates, denial of an individual membership application or security requirement, or a denial of a request for a refund of surplus, the group fund may request a hearing before the director within 15 days of the mailing of the notice by the agency.

(2) The director shall, by certified or registered mail, notify the appealing party of the date, time, place, and reasons for holding the hearing. The director shall mail the notice not less than 15 days before the hearing. If the intent to terminate self-insured status is based on the self-insurer’s failure to maintain existing security requirements, then the notice must advise the self-insurer that proof of reinstatement of the security must accompany the request for hearing or the director may make a final decision on the termination without further hearing.

(3) If an appearance is made at a hearing, then it must be made in person by a duly authorized representative or by counsel.

(4) A person who has been served with a notice of hearing may, at his or her option, file a written statement before the date set for hearing or may appear at the hearing and present an oral statement and other evidence on the issues contained in the notice of hearing. When written briefs or arguments are presented, a copy must be served upon the director and other interested parties not less than 5 days before the date set for the hearing.

(5) If the person or persons who have requested a hearing fail to appear at a noticed hearing, the director may consider the request for a hearing as having been abandoned or, in his or her discretion, may proceed with a hearing of the case and may, on the evidence presented, make a decision.

(6) A hearing may not be adjourned or continued, except upon an order of the director.

History

• History: 1980 AACS; 1996 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43o Rescinded {#sec-r-408.43o omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43o}

History

• History: 1980 AACS; 1988 AACS; 1996 AACS.

Mich. Admin. Code R 408.43p Enforcement by director of order of denial or termination of selfinsured status; circuit court relief {#sec-r-408.43p omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43p}

Rule 13p. If the director has probable cause to believe that an order denying or terminating self-insured status is being violated, or that an employer who is approved or has been previously approved as a self-insured is liquidating or may be about to liquidate and distribute its assets to its stockholders or to its members without providing for its obligation as a self-insured employer to pay or arrange for the payment of compensation and benefits as directed by chapter 6 of the act, the director may, through the attorney general of the state, cause a petition to be filed in the circuit court of Ingham County or the county in which such person does business to enjoin and restrain such person from engaging in such method, act, or practice.

History

• History: 1980 AACS.

Mich. Admin. Code R 408.43q Irrevocable letter of credit; acceptance; requirements; payment of surety bond or letter of credit {#sec-r-408.43q omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43q}

Rule 13q. (1) An irrevocable letter of credit may be accepted by the agency as other security for a self-insured program as provided by section 611(1)(a) of the act, MCL 418.611. The agency will retain discretion in each particular case to determine if the letter of credit is acceptable and if its language and format are satisfactory.

(2) Irrevocable letters of credit must be issued by a state-chartered bank, a federally chartered bank or foreign bank. Funds must be immediately payable on demand.

The director may require confirmation of acceptable letters of credit from any state, federally or foreign chartered bank without state operations or branch services within this state. If a confirmation is required, it shall be by a State of Michigan chartered bank or federally chartered bank with Michigan branch operations and state that the confirming bank is primarily obligated on the letter of credit.

(3) An employer who elects an irrevocable letter of credit as other security for a selfinsured program shall furnish a memorandum of understanding with the letter of credit, on a form provided by the agency, which affirms the employer's acceptance of all of the following requirements:

(a) A letter of credit is furnished to the agency instead of a surety bond as one of the requirements for approval of a self-insured program.

(b) The employer understands that the letter of credit is deemed automatically extended without amendment for 1 year from the expiry date or any future expiry date unless, 60 days before any expiry date, the agency is notified, by courier, or certified or registered mail, that the letter of credit shall not be renewed for any additional period.

(c) A policy of insurance or a surety bond of equal amount may be furnished at a later date as a substitute for the letter of credit if the policy of insurance or surety bond covers all claims that would have been covered by the letter of credit. All policies of insurance and surety bonds furnished as substitutes for letters of credit are subject to prior agency approval.

(d) The employer shall affirm that the irrevocable letter of credit in the amount requested by the agency is being offered with the understanding that if the agency receives notice that the letter of credit will not be renewed, then the agency, in its discretion, may, after 30 days from the date of receipt of the notice, call the proceeds of the letter of credit and deposit the proceeds in the state treasury. And further, if, in the judgment of the agency, the letter of credit is needed to cover any worker's disability compensation claims, then the proceeds of the letter of credit shall be called immediately and deposited in the state treasury for such purpose.

(e) If legal proceedings are initiated by any party with respect to payment of any letter of credit, then the proceedings shall be subject to Michigan courts and law.

(4) The agency shall not grant an effective date for a self-insured program until a completed letter of credit and the memorandum of understanding have been reviewed and accepted by the agency.

(5) If it is necessary for the director, under statute and agency rules, to call the bond or other security, then a trust must be established with the funds, unless the provider of the bond or other security elects to handle the claims directly and the agency approves. If a trust is established, the funds must be deposited in the state treasury and the state treasurer, as provided by section 551(8) of the act, MCL 418.551, is the custodian of the trust. The trustees of the trust are the trustees of the funds denominated in chapter 5 of the act, MCL 418.501 to 418561, and also those who are appointed as trustees under section 511 of the act, MCL 418.511. The service company of the self-insured employer, if any, shall continue to perform in accordance with the terms of the employer's contract with the service company.

History

• History: 1988 AACS; 1998-2000 AACS; 2007 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43r Public employer group funds; waiver of requirement for excess insurance {#sec-r-408.43r omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43r}

Rule 13r. A public employer group fund may request a waiver of the requirement for excess insurance. The director may waive the requirement for excess insurance for a public employer group fund if the fund demonstrates that it has sufficient financial strength and liquidity to ensure that all obligations under the act shall be promptly met without the protection of an excess insurance policy.

History

• History: 1987 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43s Group funds; insufficient funding; creation of trust; appointment of trustees {#sec-r-408.43s omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43s}

Rule 13s. (1) If the plan to achieve full funding for payment of all claims and expenses of the self-insurers group pursuant to R 408.43j is not approved by the agency, then the agency may order the board of trustees of the self-insurers group to immediately assess the employer members of the group for the full amount of the deficiency or order that any surplus funds distributed to group members during the previous 12 calendar months from the date of discovery of the funding deficiency by the group fund be immediately returned, or both.

(2) If the agency determines that the self-insurers group ceases to provide ongoing and active coverage to its members or the requirements of this rule are not sufficient to secure all future liability established by the act, or both, then the agency may require additional assessment of the employer members of the group and request the director to create and establish the terms of a trust, at the expense of the selfinsurers group, for the deposit and administration of any assessment received or all assets of the self-insurers group, or both. The trustees of the funds appointed under section 511 of the act, MCL 418.511, must be appointed trustees of the self-insurers group trust fund established under this rule.

History

• History: 2003 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.43t Group self-insurance; employee leasing {#sec-r-408.43t omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43t}

Rule 43t. On or after the effective date of this rule, an employee leasing company approved for membership in a group self-insurance fund pursuant to MCL 418.611(2) of the workers' compensation act shall qualify as being in the same industry of the group fund if the employee leasing company meets all of the following conditions:

(a) The individual or individuals or entity or entities owning the entity or entities where the employees are or will be placed shall have a combined majority ownership interest of at least 51% in the prospective member leasing company.

(b) The leasing company shall only lease employees to entities that qualify for and participate in the group to which the leasing company seeks admission.

(c) The application submitted for membership by the employee leasing company shall clearly state on the first page of the application that the entity is an employee leasing company and shall name all the owners of the leasing company and the percentage of ownership of each owner. Any change in the percentage of ownership shall be reported to the group fund and the agency within 10 days of the ownership change. If the leasing company no longer meets the requirements of subdivision (a) or (b) of this rule after the change in ownership, then the leasing company shall be subject to termination pursuant to R 408.43g(4).

(d) The application shall identify and name the entity or entities with which employees are placed or to be placed, the name of each individual or entity that owns the entity with which employees are or will be placed, and the percentage or ownership interest for each.

(e) If the leasing company leases employees to any entity which is not a member of the group fund of which the leasing company is a member, or the leasing company fails to report any changes in ownership to the group fund and the agency within 10 days of the change in ownership, then the leasing company shall be terminated from participation in the group fund, pursuant to R 408.43g(4).

PART 4. MISCELLANEOUS

History

• History: 2006 AACS.

Mich. Admin. Code R 408.44 Attorney fees {#sec-r-408.44 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44}

Rule 14. (1) The limitation in this rule as to fees applies to plaintiff’s attorneys, including combined charges of attorneys who combine their efforts toward the enforcement or collection of any compensation claim.

(2) Reasonable expenses, as used in this rule, include all of the following:

(a) Fees for reports and depositions of doctors, vocational experts, and other experts incurred in the prosecution of the claim.

(b) Medical examination fees and witness fees.

(c) Any other medical witness fee, including the cost of a subpoena.

(d) Costs of subpoenas, and costs to obtain and copy medical and other records.

(e) The costs of court reporter services, transcripts, subpoena enforcement fees, and certified copies.

(f) Costs of travel to depose medical and vocational witnesses.

(g) Appeal costs.

(h) Other costs or expenses, or both, determined by a magistrate to be reasonable for the prosecution of the claim.

(3) In computing the fee, the total settlement includes all sums paid, or to be paid, to satisfy lienholders, purchase annuities, and fund medical care set-aside accounts.

(4) In a case where benefits are being voluntarily paid at time of redemption, and no application for mediation or hearing (WC-104a) is pending, the magistrate may approve an attorney fee of 15%, or less if requested by the attorney, of the balance recovered for, or for the benefit of, the plaintiff as provided in section 858(2) of the act, MCL 418.858.

(5) In a case tried to completion with proofs closed or compensation voluntarily paid after an application for mediation or hearing is filed, an attorney, before computing the fee, shall deduct from the accrued compensation the reasonable expenses incurred on plaintiff’s behalf as defined in subrule (2) of this rule. The magistrate may approve an attorney fee of 30%, or less if requested by the attorney, of the balance recovered for, or for the benefit of, the plaintiff as provided in section 858(2) of the act, MCL 418.858.

(6) In a case involving a redemption of liability, where a form (WC-104a) is pending, the attorney, before computing the fee, shall deduct the reasonable expenses incurred on plaintiff’s behalf from the total settlement. The fee that the magistrate may approve is as follows, or less if requested by the attorney:

(a) Cases alleging dates of injury before September 1, 1965, are subject to the rule as to attorney fees in effect before September 1, 1965.

(b) Cases alleging dates of injury between September 1, 1965, and the effective date of this amendment are subject to the rule in effect on the date of injury.

(c) Cases alleging dates of injury after the effective date of this amendment may be subject to attorney fees of all of the following:

(i) Twenty percent of the first $100,000.

(ii) Fifteen percent of any amount more than $100,000.

(7) In a case tried to completion with proofs closed but before a final order, after which there is a redemption of liability, the attorney, before computing the fee, shall deduct the reasonable expenses incurred on plaintiff’s behalf as defined in subrule (2) of this rule from the total settlement. The total settlement in such redemptions includes the gross amounts of any partial payments made under section 862 of the act, MCL 418.862, if the redemption specifically includes a waiver of the right of reimbursement of such amounts from either the plaintiff or the second injury fund.

The magistrate may approve an attorney fee of 20% of the balance, or less if requested by the attorney.

(8) A group disability or hospitalization insurance company that enforces an assignment given to it as provided in the act shall pay a part of the fee of the attorney who secured the compensation recovery in the same proportion that the group insurance company payments bear to the total compensation recovery upon which the attorney’s fee is based.

(9) In the computation of attorney fees in a case decided by the workers’ compensation appellate commission, the fee must be assessed on not more than 104 weeks of the period the matter was pending before the commission. All other weekly benefits due and owing for the period of appeal must be fully paid to the plaintiff. The limitation of fee applies only to weekly compensation.

(10) Nothing in this rule precludes an award of attorney fees under section 315 of the act, MCL 418.315.

(11) If agreed upon by the plaintiff, survivor, party in interest or dependents in writing, the fees specified in this rule may apply to cases with earlier dates of injury.

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.45 Medical examination rehabilitation, and forensic vocational evaluation {#sec-r-408.45 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45}

Rule 15. (1) Under circumstances prescribed by the director, a carrier, PEGSISF, first responder presumed coverage fund, or self-insurers’ security fund shall report to the agency what provision has been made for rehabilitation on all cases for which a final WC-701, notice of compensation payments, has not been filed.

(2) When an employee consents to a request by the carrier, first responder presumed coverage fund, or a fund created in section 501 of the act, MCL 418.501; or is ordered by the agency to submit to a medical examination, forensic vocational evaluation, or rehabilitation; or undergoes any medical treatment related to the disability, the carrier, first responder presumed coverage fund, or a fund created in section 501 of the act shall pay the traveling expenses incidental to such examination, medical treatment, evaluation, or rehabilitation. The employee shall notify the carrier, first responder presumed coverage fund, or a fund created in section 501, in writing, of the mileage involved and other expenses. When an employee is examined at the request of the carrier, first responder presumed coverage fund, or a fund created in section 501 under the provisions of section 385 of the act, MCL 418.385, the expenses incidental to such examination or evaluation shall be paid in advance. The traveling expenses are those authorized in the state standardized travel regulations, except that when special transportation is medically required, payments must be made at actual cost. Reasonable transportation services may include those provided by an entity licensed under the limousine, taxicab, and transportation network company act, 2016 PA 345, MCL 257.2101 to 257.2153. The allowance for other expenses, if any, are those allowed by this state. The provisions of this rule do not apply to the first examination requested by the employer or insurer if all of the following conditions exist:

(a) An application for hearing is filed upon which no payment of compensation or medical expense has been made for 1 year before the date of filing.

(b) The employee’s home at the time of filing the application for hearing is outside of this state.

(c) The citation to appear for examination is at a time reasonably close to the date of hearing so as to obviate the necessity of an additional trip on the part of the employee to attend the hearing.

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2014 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.45a Vocational rehabilitation {#sec-r-408.45a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45a}

Rule 15a. (1) The agency shall issue vocational rehabilitation provider approval for a period of 3 years. To maintain approved status at the expiration of the provider approval period, a provider shall re-apply by submitting a new form WC-502, or its electronic equivalent, within 90 days before the expiration date of the approval.

(2) Agency-approved vocational rehabilitation providers shall deliver services in a manner that is consistent with agency standards and guidelines, and that are within their professional scope of practice, certification, and licensure. Failure to maintain these standards is grounds for denial or revocation of approval.

(3) Under section 319 of the act, MCL 418.319, the director may, on his or her own motion, or upon receipt of an application from the employee or employer, refer the employee to an agency-approved vocational rehabilitation provider for an evaluation of the need for a vocational rehabilitation program and the kind of vocational rehabilitation program necessary to return the employee to a remunerative occupation commensurate with their prior wage earning capacity, which is the primary objective of vocational rehabilitation services. Vocational rehabilitation may include, but is not limited to, evaluation and assessment, counseling, development of the IWRP, job search, job development and placement, education, and retraining. Any expenses incurred under this rule are the responsibility of the carrier, PEGSISF, first responder presumed coverage fund, or self-insurers’ security fund. If a party objects to the referral for a vocational evaluation within 28 days of mailing of the scheduling notice of the referral, the director or his or her deputy shall conduct a hearing on the matter.

(4) The director may extend the time of the vocational evaluation when there is medical documentation contraindicating the timing of the evaluation, an impending offer of reasonable employment, or other good cause shown by any party on an agencyapproved form. A vocational evaluation or other components of the vocational rehabilitation process may be delayed or suspended upon the written stipulation of the employee and employer or carrier for any reason. The employer or carrier may delay or suspend if the case is in dispute and there has been no finding by a magistrate or the commission that the employee has a work-related disability under section 301(4)(a) or section 401(1) of the act, MCL 418.301 and 418.401.

(5) Upon completion of the vocational evaluation, the vocational counselor shall submit an initial evaluation report to the parties within 14 calendar days. If the evaluation recommends initiation of vocational rehabilitation services, including job search activities, training, or both, the following actions must take place:

(a) An IWRP must be provided to all parties for review within 28 days of completion of the vocational evaluation. All plans must comply with the agency’s returnto-work hierarchy.

(b) In the absence of a dispute, the IWRP must be implemented by the vocational counselor within 28 days after submission to the parties for review.

(c) The IWRP must be reviewed and updated by the vocational counselor in concert with the injured worker every 91 days to determine completion status of short- and longterm objectives.

(6) The vocational counselor shall not implement IWRP recommendations beyond the initial evaluation without first securing funding for these services.

(7) When an employee consents to or is ordered by the agency to submit to a vocational rehabilitation evaluation, the carrier, PEGSISF, first responder presumed coverage fund, or self-insurers’ security fund shall pay the traveling expenses incidental to such evaluation pursuant to R 408.45(2). Subsequent expenses related to vocational rehabilitation services provided to meet the objectives of the IWRP are also the responsibility of the carrier, PEGSISF, first responder presumed coverage fund, or selfinsurers’ security fund.

History

• History: 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.45b Vocational rehabilitation rules disputes {#sec-r-408.45b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45b}

Rule 15b. Any party may request a vocational rehabilitation hearing before the director or his or her representative, on form WC-104a or form WC-104c, application for mediation or hearing, or an electronic equivalent, and all the following provisions shall apply:

(a) If the director, on his or her own motion, orders a rehabilitation program, then he or she shall notify all parties and, if requested by either party within 15 days, schedule a hearing.

(b) A hearing must be scheduled within a reasonable time, subject to the availability of the director or his or her representative and the parties involved. A request for a hearing must, at a minimum, contain all of the following:

(i) A brief statement of the question concerning rehabilitation.

(ii) If requested by the employer, a citation of the specific instances of the employee’s failure to cooperate in the rehabilitation program or other objections related to a proposed or ordered IWRP.

(iii) If requested by the employee, the type of program requested and the reason for it or other objections related to a proposed or ordered IWRP.

(c) The director or his or her representative, after providing an opportunity to be heard, may issue orders regarding vocational rehabilitation consistent with the act and these rules including R 408.45a(4).

(d) Unless a request for review by the workers’ disability compensation appeals commission is filed by a party within 15 days after the order of the director is mailed, the order shall stand as the order of the agency until further order of the director.

History

• History: 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.46 Application for silicosis, dust disease, and logging industry compensation fund and second injury fund benefits {#sec-r-408.46 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.46}

Rule 16. (1) An application for reimbursement of benefits from the silicosis, dust disease and logging industry compensation fund and second injury fund must be made on form WC-112, or its electronic equivalent, and sent to the principal office of the funds administrator.

(2) A carrier believing that reimbursement may be due from the second injury fund under section 372 of the act, MCL 418.372, shall immediately notify the fund of the potential claim. The fund may then conduct an investigation of the personal injury and must have reasonable time to schedule medical examinations. If an application is filed with the agency, then the carrier shall add the second injury fund and the fund shall have the same rights as any other party defendant. The magistrate shall enter an order determining the liability of the carrier and the fund.

(3) If an employee files an application for a hearing under section 356(1) of the act, MCL 418.356, then the second injury fund is deemed a party in interest and must be named on the application filed by the employee or added by the carrier when it has knowledge that a claim is being filed under section 356(1) of the act, MCL 418.356. The fund shall have the same rights as a carrier in the proceedings.

(4) Reimbursement pursuant to the second injury fund, dual employment provision must be made on a quarterly basis. Reimbursement payments from all other funds must be made periodically every 6 months.

History

• History: 1979 AC; 1984 AACS; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.47 Extensions of time granted by the director {#sec-r-408.47 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.47}

Rule 17. The director or his or her authorized representative may grant extensions of time in which to comply with any rule as the director deems reasonable.

History

• History: 1979 AC; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.48 Compensation payments; calculation; payment {#sec-r-408.48 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.48}

Rule 18. (1) Pursuant to section 313(1) of the act, MCL 418.313, the calculation of federal income tax, federal insurance contribution act tax, and state income tax is based on the federal income tax schedule, federal insurance contribution act tax, and state income tax rate in effect on the applicable July 1 for which the after-tax weekly wage is determined. The state law in effect on the applicable July 1 is conclusive in the determination of the after-tax weekly wage for that calendar year.

(2) Weekly payments shall be made payable by check and mailed or electronically transferred directly to the injured employee or the injured employee’s dependent, pursuant to subrule (3) of this rule. When the claimant is represented by counsel, the accrued compensation must be made payable by check to the person or persons entitled to compensation and mailed to the attorney representing the person or persons.

(3) Weekly compensation payments may be made by an electronic transfer when both of the following have occurred:

(a) The claimant consents to and authorizes in writing the use of electronic transfer payments. This authorization is on a claim-by-claim basis, and must include acknowledgement by the claimant that any amount received through electronic transfer into the claimant’s account or the account of the claimant’s dependent at a financial institution may be subject to attachment or garnishment.

(b) The electronic transfer is made by 1 of the following methods:

(i) Direct deposit or electronic transfer to the claimant’s account or the account of the claimant’s dependent at a financial institution.

(ii) Issuance of a debit card to the claimant or the claimant’s dependent provided that the financial institution complies with all of the following:

(A) Allows the claimant to receive immediate payment in full at no charge.

(B) Allows at least 1 additional free transaction per pay period for any amount up to the balance accessible through the card.

(C) Fully and prominently discloses any fees and charges.

(D) Prohibits changes in fees or terms of services, as specified in subrule(3)(b)(ii)(F) of this rule to subrule (3)(b)(ii)(G) of this rule. Any other changes to the fees or terms of service may occur when the claimant has received a written notice of these fees at least 21 days prior to the change and the claimant has consented in writing to the change.

(E) Provides a method for the claimant to make an unlimited number of balance inquiries electronically or by telephone and without charge.

(F) Prohibits a link to any form of credit, including a loan against future payments or a cash advance on future payments.

(G) Ensures that the debit card is negotiable at locations easily and readily accessible to the claimant.

(iii) Any other form of payments approved in advance by the director.

(4) A claimant, at any time, may make a request in writing to the employer to change the method of receiving weekly compensation payments established under this rule. The employer shall take no longer than 1 pay period to implement the change after he or she receives the request and any information necessary to implement the request.

PART 5. REVIEW AND APPEAL

History

• History: 1979 AC; 1985 AACS; 2013 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.49 Determination of an employee {#sec-r-408.49 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.49}

Rule 19. If a business entity requests a determination by the director whether 1 or more individuals performing service for the entity in this state are in covered employment, under section 161(n) of the act, MCL 418.161, and Executive Reorganization Order 2019- 3(7)(l)(5), MCL 125.1998, unless the issue is already pending before the board of magistrates, the director shall issue a determination of coverage of service performed by those individuals and any other individuals performing similar services under similar circumstances. The request must include the names and addresses of all those known to be impacted by the determination. The agency shall provide written notice to all identified individuals and provide an opportunity to be heard prior to making a determination. The business entity seeking the determination shall notify any carrier that might be impacted, and prominently post, at the business site, notice of any hearing on the request. Any decision rendered pursuant to this rule is not binding on an individual who did not receive notice or was not performing services for the business entity at the time of the closing of proofs.

History

• History: 1979 AC; 1998-2000 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Mich. Admin. Code R 408.50 Rescinded {#sec-r-408.50 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.50}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.51 Rescinded {#sec-r-408.51 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.51}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.52 Rescinded {#sec-r-408.52 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.52}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.59 Rescinded {#sec-r-408.59 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.59}

History

• History: 1980 AACS; 1984 AACS; 2013 AACS; 2021 MR 23, Eff. Dec. 10, 2021.

Postsecondary Schools Postsecondary Schools

R 408.6199 to R 408.6309 Youth Employment Standards

Mich. Admin. Code R 408.6199 Rescission {#sec-r-408.6199 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6199}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

YOUTH EMPLOYMENT STANDARDS

(By the authority conferred on the superintendent of public instruction by section 20 of 1978 PA 90, MCL 409.120, and Executive Reorganization Orders Nos. 1996-2, 2002- 1, 2003-1, 2008-4, and 2011-4, MCL 445.2001, MCL 445.2004, MCL 445.2011, MCL 445.2025, and MCL 445.2030)

PART 1. GENERAL PROVISIONS

Rule 199. R 408.201 to R 408.206 of the Michigan Administrative Code, appearing on pages 3164 to 3169 of the 1979 Michigan Administrative Code, are rescinded.

PART 2. HAZARDOUS OCCUPATIONS IN GENERAL EMPLOYMENT

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6201 Scope {#sec-r-408.6201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6201}

Rule 201. This part prescribes rules to ensure the safe, legal employment of minors in nonagricultural employment and lists those occupations declared to be hazardous to the safety, health, and well-being of minors.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6202 Employment in hazardous occupations prohibited; deviation from rules {#sec-r-408.6202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6202}

Rule 202. (1) A minor shall not be employed in any of the occupations declared to be hazardous by this part.

(2) Deviations from these rules may be granted by the director of the department or his or her designee when it is determined to be in the best interests of the minor and the community.

History

• History: 1988 AACS; 2003 AACS.

Mich. Admin. Code R 408.6203 Definitions; A to E {#sec-r-408.6203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6203}

Rule 203. As used in this part:

(a) "Act" means 1978 PA 90, MCL 409.101 et seq.

(b) "Clay construction products" means all of the following:

(i) Brick.

(ii) Hollow structural tile.

(iii) Sewer pipe and kindred products.

(iv) Refractories.

(v) Other clay products, such as any of the following:

(A) Architectural terra cotta.

(B) Glazed structural tile.

(C) Roofing tile.

(D) Stove lining.

(E) Chimney pipes and tops.

(F) Wall coping.

(G) Drain tile.

(c) "Confined space" means an enclosed area which does not have a natural or mechanically induced supply of fresh air, including all of the following:

(A) A bin.

(B) A tank.

(C) A vessel.

(D) A vault.

(E) A well.

(d) "Construction operation" means the work designated in subsector 233 - building, developing, and general contracting, subsector 234 - heavy construction, and subsector 235 - special trade contractors, of the 1997 North American industry classification system (NAICS) manual, which are adopted by reference. Subsector 233 - building, developing, and general contracting, subsector 234 - heavy construction, and subsector 235 - special trade contractors, of the 1997 NAICS manual are available for inspection at www.census.gov/eos/www/naics/reference_files_tools/1997/sec23.htm, and are available for inspection at, and for distribution at no charge from, the Michigan Department of Education, Office of Career and Technical Education, 608 W. Allegan Street, P.O. Box 30712, Lansing, MI 48909.

(e) "Crane" means a power-driven machine which is for lifting and lowering a load and moving it horizontally and in which the hoisting mechanism is an integral part of the machine.

(f) "Derrick" means a power-driven apparatus consisting of a mast or equivalent members held at the top by guys and braces, with or without a boom, for use with a hoisting mechanism and operating ropes.

(g) "Department" means the department of education.

(h) "Director" means the director of the department or his or her authorized representative.

(i) "Elevator" means any power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. This includes both passenger and freight elevators, but does not include dumbwaiters.

(j) "Employ" means engage, permit, or allow to work.

(k) "Employer" means a person, firm, or corporation which employs a minor and includes the state or a political subdivision of the state, an agency or instrumentality of the state, and an agent of an employer.

(l) "Exempt" means employment or services performed that are not covered by these rules.

(m) "Explosives" or "articles containing explosive components" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion; that is, substantially instantaneous decomposition with the release of heat and gas.

Explosives include, but are not limited to, all of the following:

(i) Ammunition.

(ii) Black powder.

(iii) Blasting caps.

(iv) Blasting agents.

(v) Fulminate of mercury.

(vi) Fireworks.

(vii) Detonating primers.

(viii) Dynamite.

(ix) Lead azide.

(x) Nitroglycerin.

(xi) Picric acid.

(xii) Smokeless powder.

History

• History: 1988 AACS; 2003 AACS; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 408.6204 Definitions; H to O {#sec-r-408.6204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6204}

Rule 204. As used in this part:

(a) "Hazardous substances" means a contaminant, substance, or mixture of substances which is toxic, corrosive, an irritant, a strong sensitizer, or flammable or which generates pressure through decomposition, heat, or other means, if the substance or mixture of substances is capable of causing substantial personal injury, impairment, or substantial illness through absorption, inhalation, or personal contact. The signal word to designate the degree of hazard is "DANGER" as prescribed in R 408.11612 of the Michigan Administrative Code.

(b) "Hoist" means a power-driven apparatus for raising or lowering a load by the application of a pulling force that does not include a car or platform running in guides.

(c) "Low-lift platform truck" means a self-loading truck equipped with a load platform intended primarily for transporting, but not the tiering of, loaded skid platforms.

(d) "Manlift" means a device intended for the conveyance of persons which consists of platforms or brackets mounted on or attached to an endless belt, cable, chain, or similar method of suspension, which operates in a substantially vertical direction, and which is supported by and driven through pulleys, sheaves, or sprockets at the top or bottom.

(e) "Minor" means a person under 18 years of age, but does not include any of the following:

(i) An individual 16 years of age or older who has completed the requirements for graduation from high school.

(ii) An individual 16 years of age or older who has successfully passed the general educational development test.

(iii) An emancipated individual as defined by section 4 of 1968 PA 293, as amended, MCL 722.4.

(f) "Motorized hand truck" means a truck designed for the transportation of, but not the tiering of, materials that are to be controlled by a walking operator.

(g) "Motor vehicle" means any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation, but does not include any vehicle operated exclusively on rails.

(h) "Occupations in connection with logging" means all work performed in connection with any of the following:

(i) The felling of timber.

(ii) The bucking or converting of timber into any of the following:

(A) Logs.

(B) Poles.

(C) Piles.

(D) Ties.

(E) Bolts.

(F) Pulpwood.

(G) Chemical wood.

(H) Excelsior wood.

(I) Cordwood.

(J) Fence posts.

(K) Similar products.

(iii) The collecting, skidding, yarding, loading, transporting, and unloading of the products specified in paragraph (ii) of this subdivision in connection with logging.

(iv) The constructing, repairing, and maintaining of roads, railroads, flumes, or camps used in connection with logging.

(v) The moving, installing, rigging, and maintenance of machinery or equipment used in logging.

(i) "Occupations in or about slaughtering and meat-packing establishments, rendering plants, or wholesale, retail, or service establishments" means all work performed in or about such establishments in connection with any of the following:

(i) Work on the killing floor, in curing cellars, and in hide cellars.

(ii) Work involving the recovery of lard and oils.

(iii) Work involving the tankage or rendering of any of the following:

(A) Dead animals.

(B) Animal offal.

(C) Animal fats.

(D) Scrap meats.

(E) Blood and bones into stock feeds.

(F) Tallow.

(G) Inedible greases.

(H) Fertilizer ingredients.

(I) Similar products.

(iv) Work involving the operation or feeding of all power-driven meat-processing machines.

(v) Work involving any boning operations.

(vi) Work involving the hand-lifting or hand-carrying of any carcass or half carcass of beef, pork, or horse or any quarter carcass of beef or horse.

(vii) Work involving the pushing or dropping of any suspended carcass, half carcass, or quarter carcass.

(j) "Occupations in the operation of any sawmill, lath mill, shingle, or cooperage stock mill" means all work performed in or about any such mill in connection with any of the following:

(i) Storing of logs and bolts.

(ii) Converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock.

(iii) Storing, drying, and shipping lumber, laths, shingles, cooperage stock, or other products of such mills.

(iv) Other work performed in connection with the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill.

(k) "Operations in and around a mine or quarry" means all work performed at any of the following locations:

(i) Underground in mines or quarries.

(ii) On the surface at underground mines and underground operations.

(iii) At or about placer mining operations.

(iv) At or about bore-hole mining operations.

(v) At or about dredging operations for clay, sand, or gravel.

(vi) In or about all metal mills, washer plants, or grinding mills which reduce the bulk of the extracted minerals.

(vii) At or about any other crushing, grinding, screening, sizing, washing, or cleaning operations performed upon the extracted minerals, except where such operations are performed as a part of a manufacturing process.

(l) "Outside helper" means any individual, other than the driver, whose work includes riding on a motor vehicle outside the cab.

History

• History: 1988 AACS; 2015 AACS.

Mich. Admin. Code R 408.6205 Definitions; P to W {#sec-r-408.6205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6205}

Rule 205. As used in this part:

(a) "Power-driven bakery machines" means any of the following:

(i) Any horizontal or vertical dough mixer.

(ii) Batter mixer.

(iii) Any bread-dividing, bread-rounding, or bread-molding machine.

(iv) Any dough brake or dough sheeter.

(v) Any combination bread-slicing and bread-wrapping machine.

(vi) Any cake-cutting band saw.

(vii) Any cookie machine.

(viii) Any cracker machine.

(b) "Power-driven meat-processing machine" means any of the following:

(i) Meat patty-forming machines.

(ii) Meat and bone cutting saw, knives, head splitters, and guillotine cutters.

(iii) Snout pullers and jaw pullers.

(iv) Skinning machines and horizontal rotary washing machines.

(v) Casing cleaning machines, such as stripping, crushing, and finishing machines.

(vi) Grinding, mixing, chopping, and hashing machines.

(vii) Presses.

(c) "Power-driven metal-forming, metal-punching, and metal-shearing machines" means power-driven metalworking machines, other than machine tools, which change the shape of or cut metal by means of tools, such as dies, rolls, or knives which are mounted on rams, plungers, or other moving parts.

(d) "Power-driven paper products machines" means power-driven machines used in the remanufacture or conversion of paper or pulp into a finished product.

(e) "Power-driven woodworking machines" means all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer.

(f) "Power industrial truck" means a mobile, power-driven vehicle used to carry, push, pull, lift, stack, or tier material.

(g) "Respiratory equipment" means any of the following:

(i) A self-contained breathing apparatus.

(ii) A supplied-air respirator.

(iii) An air-purifying respirator.

(iv) A gas mask.

(v) A chemical cartridge respirator.

(h) "Self-luminous compound" means any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.

(i) "Silica refractory products" means refractory products produced from raw materials and containing free silica as their main constituent.

(j) "Wrecking, demolition, and shipbreaking operations" means all work, including cleanup and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure, or ship or other vessel.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6206 Exemptions {#sec-r-408.6206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6206}

Rule 206. These rules shall not apply to, or prohibit a minor from engaging in, the following activities or exempt employment:

(a) Employment of a student minor 14 years of age or older by an employer if a written agreement or contract is entered into between the employer and the board of education of the school district in which the student minor is enrolled.

(b) Employment in a business owned and operated by the parent or guardian of a minor.

(c) Employment of a student minor by a school, academy, or college in which a student minor who is 14 years of age or older is enrolled.

(d) Domestic work or chores in connection with private residences.

(e) Soliciting, distributing, selling, or offering for sale newspapers, magazines, periodicals, or political or advertising matter.

(f) Shoe shining.

(g) Services performed as members of recognized youth-oriented organizations that are engaged in citizenship training and character building, if the services are not intended to replace employees in occupations for which workers are ordinarily paid.

(h) Farm work designated in sector 11-agriculture, forestry, fishing, and hunting, of the 1997 North American industry classification system (NAICS) manual, if the employment is not in violation of a standard established by the department.

Sector 11 of the 1997 NAICS manual is available for inspection at www.census.gov/eos/www/naics/reference_files_tools/1997/sec11.htm, and is available for inspection and for distribution at no charge at the Michigan Department of Education, Office of Career and Technical Education, 608 W. Allegan Street, P.O. Box 30712, Lansing, MI 48909.

(i) Nonhazardous construction work or operations performed as an unpaid volunteer, if the construction work or operations are performed under adult supervision for a charitable housing organization. As used in this subdivision:

(i) “Charitable housing organization” means a nonprofit charitable organization the primary purpose of which is the construction or renovation of residential housing for lowincome individuals.

(ii) “Family income” and “statewide median gross income” mean those terms as defined in section 11 of the state housing development authority act of 1966, 1966 PA 346, MCL 125.1411.

(iii) “Low-income person” means a person with a family income of not more than 60% of the statewide median gross income.

(iv) “Nonhazardous construction work or operations” means construction work or operations that are performed at a construction site of a new or renovated single family home and do not involve the use of power tools, woodworking machinery, or hazardous substances or other activities that would constitute a great risk of serious injury.

Activities that would constitute a great risk of serious injury include, but are not limited to, all of the following:

(A) Excavation.

(B) Highway, bridge, or street construction.

(C) Wrecking.

(D) Demolition.

(E) New commercial or new multiple residential construction.

History

• History: 1988 AACS; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 408.6207 Adult supervision of minor employees {#sec-r-408.6207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6207}

Rule 207. A minor shall not be employed subject to the act unless the employer or an employee who is 18 years of age or older provides supervision.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6208 Prohibited occupations; construction; excavation; roofing; wrecking; demolition; ship-breaking operations; working with explosive materials, hazardous substances, radioactive substances, respiratory equipment; working in a confined space; machine operation and maintenance; operating special equipment; working with power-driven hoisting apparatus; occupations requiring use of motor vehicle {#sec-r-408.6208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6208}

Rule 208. (1) A minor less than 16 years of age shall not be employed in any occupations in a construction operation, as defined in R 408.6203(d), to include repair or the cleanup of a construction site.

(2) A minor shall not be employed in any occupation involving construction work; additions; improvements; excavating; highway, bridge, and street construction; roofing, as defined in R 408.6203(d), or wrecking; demolition; or ship-breaking operations.

(3) A minor shall not be employed in any occupation in or about plants or establishments which manufacture or store explosive materials or articles containing explosive materials, as defined in R 408.6203(m), including ammunition exceeding .60 caliber in size, except where both of the following criteria are met:

(a) None of the work performed in the area involves the mixing, transportation, handling, or use of explosive materials.

(b) The minor's work area is separated from the hazardous area by the distance prescribed for inhabited buildings in table 1, or the minor's work area is separated from the hazardous area by an earthen bank not less than 8 feet in height.

(4) Table 1 reads as follows:

Distances for Storage of Explosives Explosives g Distance in feet when storage is barricaded b,c,d,e Pounds Pounds From From From Separation Over not over inhabited passenger public of maga- Buildings railways highways zines f 2 5 70 30 30 6 5 10 90 35 35 8 10 20 110 45 45 10 20 30 125 50 50 11 30 40 140 55 55 12 40 50 150 60 60 14 50 75 170 70 70 15 75 100 190 75 75 16 100 125 200 80 80 18 125 150 215 85 85 19 150 200 235 95 95 21 200 250 255 105 105 23 250 300 270 110 110 24 300 400 295 120 120 27 400 500 320 130 130 29 500 600 340 135 135 31 600 700 355 145 145 32 700 800 375 150 150 33 800 900 390 155 155 35 900 1,000 400 160 160 36 1,000 1,200 425 170 165 39 1,200 1,400 450 180 170 41 1,400 1,600 470 190 175 43 1,600 1,800 490 195 180 44 1,800 2,000 505 205 185 45 2,000 2,500 545 220 190 49 2,500 3,000 580 235 195 52 3,000 4,000 635 255 210 58 4,000 5,000 685 275 225 61 5,000 6,000 730 295 235 65 6,000 7,000 770 310 245 68 7,000 8,000 800 320 250 72 8,000 9,000 835 335 255 75 9,000 10,000 865 345 260 78 10,000 12,000 875 370 270 82 12,000 14,000 885 390 275 87 14,000 16,000 900 405 280 90 15,000 18,000 940 420 285 94 18,000 20,000 975 435 290 98 20,000 25,000 1,055 470 315 105 25,000 30,000 1,130 500 340 112 30,000 35,000 1,205 525 360 119 35,000 40,000 1,275 550 380 124 40,000 45,000 1,340 570 400 129 45,000 50,000 1,400 590 420 135 50,000 55,000 1,460 610 440 140 55,000 60,000 1,515 630 455 145 60,000 65,000 1,565 645 470 150 65,000 70,000 1,610 660 485 155 70,000 75,000 1,655 675 500 160 75,000 80,000 1,695 690 510 165 80,000 85,000 1,730 705 520 170 85,000 90,000 1,760 720 530 175 90,000 95,000 1,790 730 540 180 95,000 100,000 1,815 745 545 185 100,000 110,000 1,835 770 550 195 110,000 120,000 1,855 790 555 205 120,000 130,000 1,875 810 560 215 130,000 140,000 1,890 835 565 225 140,000 150,000 1,900 850 570 235 150,000 160,000 1,935 870 580 245 160,000 170,000 1,965 890 590 255 170,000 180,000 1,990 905 600 265 180,000 190,000 2,010 920 605 275 190,000 200,000 2,030 935 610 285 200,000 210,000 2,055 955 620 295 210,000 230,000 2,100 980 635 315 230,000 250,000 2,155 1,010 650 335 250,000 275,000 2,215 1,040 670 360 275,000 300,000 2,275 1.075 690 385 Notes to Table Note a. All types of blasting caps in strengths through No. 8 shall be rated at 1 1/2 (0.68 kg) of explosives per 1,000 caps.

Note b. "Barricaded" means that a building containing explosives is effectually screened from a magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or building, or to a point 12 feet (3.66 m) above the center of a railway or highway, will pass through such intervening or artificial barricade.

Note c. "Artificial barricade" means an artificial mound or revetted wall of earth of a minimum thickness of 3 feet (0.92 m).

Note d. "Natural barricade" means natural features of the ground, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves.

Note e. When a building containing explosives is not barricaded, the distances shown in Table 1 shall be doubled.

Note f. When 2 or more storage magazines are located on the same property, each magazine shall comply with minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they shall be separated from each other by not less than the distances shown for "Separation of magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of the cap magazines from magazines containing other explosives. If any 2 or more magazines are separated from each other by less than the specified "Separation of magazines" distances, then such 2 or more magazines, as a group, shall be considered as 1 magazine, and the total quantity of explosives stored in such group shall be treated as if stored in a single magazine located on the site of any magazine of the group and shall comply with the distances specified from other magazines, inhabited buildings, railways, and highways.

Note g. This table applies only to the manufacture and permanent storage of commercial explosives. It is not applicable to the transportation of explosives or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives.

Note h. 1 pound = 0.454 kg; 1 foot = 0.305 m.

(5) A minor shall not be employed in any occupation involving the use of or exposure to hazardous substances, as defined in R 408.6204(a).

(6) A minor shall not be employed to work in any workroom in which any of the following occurs:

(a) Radium is stored or used in the manufacture of self-luminous compounds.

(b) A self-luminous compound, as defined in R 408.6205(h), is made, processed, packaged, stored, used, or worked on.

(c) Incandescent mantles made from fabric and solutions containing thorium salts are manufactured, processed, or packaged.

(d) Other radioactive substances are present in the air in average concentrations exceeding 10% of the maximum permissible concentrations in the air recommended for occupational exposure as set forth in the 40-hour week column of table 1 of the national committee on radiation protection report no. 22, entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," June 5, 1959, which is adopted by reference in these rules and is available for inspection and for distribution at no charge at the Michigan Department of Education, Office of Career and Technical Education, 608 W. Allegan Street, P.O. Box 30712, Lansing, MI 48909.

This report may be purchased from the National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Suite 400, Bethesda, MD 20814-3095, at a cost of $20.00.

(7) A minor shall not be employed in any occupation which requires the use of respiratory equipment, as defined in R 408.6205(g).

(8) A minor under 16 years of age shall not be employed in any occupation involving work in a confined space, as defined in R 408.6203(c).

(9) A minor shall not be employed in any occupation involving the operations, setup, repair, adjustment, oiling, or cleaning of any of the following machines:

(a) Power-driven woodworking machinery, as defined in R 408.6205(e).

(b) Power-driven metal-forming, metal-punching, and metal-shearing machines, as defined in R 408.6205(c).

(c) Power-driven bakery machines, as defined in R 408.6205(a).

(d) Power-driven paper products machinery, as defined in R 408.6205(d).

(e) Power-driven saws.

(f) Power-driven meat-processing machines, as defined in R 408.6205(b).

(10) A minor shall not operate, or assist in the operation of, including the starting, stopping, adjusting, feeding, or any other activity involving physical contact with, any of the following machines:

(a) Trencher or earth-moving equipment.

(b) Tractors exceeding 20 power-take-off horsepower, including connecting or disconnecting an implement or any of its parts to or from such a tractor; except that minors 16 to 17 years of age who are provided operating instructions from their employers may operate such tractors.

(11) A minor shall not be employed in work which involves any of the following activities:

(a) The operation of a power-driven hoisting apparatus, including an elevator, power industrial truck, crane, derrick, or hoist, except for the operation of an unattended automatic operation passenger elevator.

An employer may apply for a deviation for 16- and 17-year-old minors to operate a motorized hand truck and low-lift platform truck, as defined in R 408.6204(c) and (f), in accordance with R 408.6303.

(b) Riding on a manlift or on a freight elevator, except for a freight elevator which is operated by an assigned operator.

(c) Assisting in the operation of a crane, derrick, or hoist as traditionally performed by crane hookers, crane chasers, hookers-on, riggers, rigger helpers, and similar occupations.

(12) A minor under 16 years of age shall not work under equipment or machinery which has been elevated by a hoist, jack, blocks, or hydraulic power system.

(13) A minor shall not be employed in any occupation which requires the operation of a motor vehicle on any public road or highway, except when such operation is occasional and incidental to the minor's primary work activities and if all of the following requirements are complied with:

(a) The gross vehicle weight does not exceed 6,000 pounds.

(b) The operation is restricted to daylight hours.

(c) The minor holds a state license valid for the type of motor vehicle operation involved in the job performed and has completed a state-approved driver education course.

(d) The vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each minor that such belts or other devices must be used.

(e) The operation does not involve the transporting of passengers or the towing of vehicles.

(14) A minor shall not be employed as an outside helper on any motor vehicle on a public highway.

History

• History: 1988 AACS; 2003 AACS; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 408.6209 Prohibited occupations; manufacture of brick, tile, and kindred products; welding and heat treating; brazing and soldering; tanning; logging and sawmilling; mining; working in foundry; operating lawn care equipment; working in slaughtering or meat-packing establishments; working from ladders or scaffolding; firefighting {#sec-r-408.6209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6209}

Rule 209. (1) A minor shall not be employed in any occupation involving exposure to the manufacturing of clay construction products, as defined in R 408.6203(b), or of silica refractory products, as defined in R 408.6205(i).

(2) A minor under 16 years of age shall not be employed to directly engage in welding or cutting with gas, arc, or resistance methods.

(3) A minor under 16 years of age shall not be employed to directly engage in heat treating, brazing, or soldering, except for soldering with a hand-held soldering gun or iron.

(4) A minor shall not be employed to directly engage in any aspect of the tanning process.

(5) A minor shall not be employed in any occupation, as defined in R 408.6204(h), in connection with logging or in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill, as defined in R 408.6204(j).

(6) A minor shall not be employed in any operation in or around a mine or quarry, as defined in R 408.6204(k).

(7) A minor under 16 years of age shall not be employed in any occupation involving ore reduction process, the casting of metals, or other activities with direct exposure to blast furnaces.

(8) A minor under 16 years of age shall not be employed in any occupation involving the operation of power-driven lawn mowers or cutters.

(9) A minor shall not be employed in occupations in or about slaughtering and meatpacking establishments, rendering plants, or wholesale, retail, or service establishments, as defined in R 408.6204(i).

(10) A minor under 16 years of age shall not be employed in any occupation requiring the use of ladders, scaffolds, or their substitutes.

(11) A minor shall not be employed to engage in the extinguishment of fires, except that a minor who is 16 or 17 years of age may be employed for forest fire suppression on fire control mop-up work in a crew organization under the direct supervision of a crew or line fire boss.

PART 3. DEVIATIONS FROM ESTABLISHED STANDARDS OR FROM

LEGAL HOURS OF EMPLOYMENT FOR 16- AND 17-YEAR-OLD MINORS

History

• History: 1988 AACS; 2015 AACS.

Mich. Admin. Code R 408.6301 Definitions {#sec-r-408.6301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6301}

Rule 301. As used in this part:

(a) "Act" means 1978 PA 90, as amended, MCL 409.101 et seq.

(b) "Community" means a group of people having common interests who live in the same locality.

(c) “Department” means the department of education.

(d) "Deviation" means a variance from the established hours or hazardous occupations granted by the department to a specific employer or individual.

(e) "Family hardship" means a condition whereby the economic well-being of the household in which a minor resides is dependent upon the earnings of the minor.

History

• History: 1988 AACS; 2015 AACS.

Mich. Admin. Code R 408.6302 Application for deviation from legal hours of employment {#sec-r-408.6302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6302}

Rule 302. (1) An employer seeking approval to employ minors age 16 and older beyond the hours prescribed in the act shall file an application for a deviation from the legal hours of employment with the department.

(2) An application for a deviation shall include all of the following information:

(a) The name and address of the employer.

(b) The name and title of the person filing the application.

(c) An indication of the work schedule for hours to be worked before 6 a.m. and after 10:30 p.m. when school is in session and before 6 a.m. and after 11:30 p.m. when school is not in session.

(d) The address where the work is to be performed.

(e) A statement of the type of business.

(f) Verification that all of the following shall be maintained by the employer:

(i) Written permission of the parent or guardian for the minor to work the hours requested.

(ii) Records certifying that the work week does not exceed 24 hours if the minor is a student in school and school is in session.

History

• History: 1988 AACS; 2003 AACS; 2006 AACS; 2014 AACS.

Mich. Admin. Code R 408.6303 Application for deviation from hazardous occupation standards {#sec-r-408.6303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6303}

Rule 303. (1) An employer seeking approval to employ minors age 16 and older in an occupation determined to be hazardous shall file an application for a deviation from a hazardous occupation with the department.

(2) An application for a deviation shall include all of the following information:

(a) The name and address of the firm.

(b) The name and title of the person filing the application.

(c) The name, address, and date of birth of the minor.

(d) The school the minor is attending, if the minor is attending school.

(e) The address where the work is to be performed.

(f) A specification of the standard, or portion thereof, from which the applicant seeks a deviation.

(g) A statement of the type of business.

(h) A statement detailing how approval of the deviation will be in the best interests of the minor. The statement may include, but is not limited to, an indication that the minor is not attending school or that the request is based upon a family hardship.

(i) A statement indicating any training the minor has received in the proposed type of employment, including a copy of the certification of successful completion of the training program if certification was given.

(j) The maximum hours to be worked on a daily and weekly basis.

(k) A statement of how the safety, health, and personal well-being of the minor will be protected, including an assurance that all safety and health standards will be complied with and enforced by the employer.

(l) The written approval of the parent or guardian.

History

• History: 1988 AACS; 2003 AACS; 2006 AACS.

Mich. Admin. Code R 408.6304 Effect of deviation {#sec-r-408.6304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6304}

Rule 304. A deviation shall take effect on the date issued.

History

• History: 1988 AACS; 2003 AACS.

Mich. Admin. Code R 408.6305 Notice of granting of deviation to applicant and employees {#sec-r-408.6305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6305}

Rule 305. (1) The department, upon granting a deviation, shall notify, by mail, the applicant of the granting of the deviation, including the terms and conditions thereof.

(2) An employer, upon receiving notice that a deviation has been granted, shall notify the affected employees of the granting of the deviation by giving to them a copy of the deviation to be presented to the school work permit office for the purpose of securing a work permit.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6306 Deviation modification, renewal, denial, or revocation {#sec-r-408.6306 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6306}

Rule 306. (1) An employer may apply in writing to the department for a modification or renewal of a deviation issued under the act. The terms of a deviation may be modified upon written request from an employer and subsequent approval by the director.

(2) The department may, on its own motion, proceed to deny, modify, or revoke a deviation subject to written notice to the employer and subject to the employer's right to request a hearing. The director shall conduct a hearing pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan Compiled Laws.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6307 Appeal to circuit court; finality of resolution {#sec-r-408.6307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6307}

Rule 307. (1) An employer aggrieved by the decision of the director following a hearing under R 408.6306 may, within 60 days after the mailing of the decision, appeal to the circuit court by filing a petition for review pursuant to the provisions of chapter 6 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.301 to 24.306 of the Michigan Compiled Laws.

(2) If the decision of the director to deny or revoke a deviation is not appealed to circuit court within 60 days after the date of mailing, it shall be final.

History

• History: 1988 AACS.

Mich. Admin. Code R 408.6308 Record of deviation {#sec-r-408.6308 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.6308}

Rule 308. When a deviation is granted, a copy of the deviation shall be kept on file by the employer at the minor's place of employment.

R 408.6309. Prohibited conduct.

Rule 309. (1) In addition to conduct otherwise prohibited, a person who employs a minor shall not do any of the following:

(a) Allow a minor to work in a prohibited occupation, as provided in R 408.6208, R 408.6209, and the federal child labor regulations, 29 C.F.R. 570.1 et seq., if applicable.

(b) Fail to provide adult supervision as required by R 408.6207.

(c) Fail to have a work permit on file, when required by the act or these rules.

(d) Allow a minor under the age of 16 to work days or hours not allowed under section 10 of the act.

(e) Allow a minor age 16 to 17 to work days or hours not allowed under section 11 of the act without an approved deviation from the department.

(f) Fail to provide a minor with a meal or rest period, as required by section 12 of the act.

(g) Fail to satisfy the posting and time records requirements of section 13 of the act.

(2) A person employing a minor who violates any of the provisions of subrule (1) of this rule is subject to the penalties in section 22(1) of the act.

History

• History: 1988 AACS.
• History: 2006 AACS.

R 409.1 to R 409.6 Standards for Issuance of Work Permit

Mich. Admin. Code R 409.1 Scope {#sec-r-409.1 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.1}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

STANDARDS FOR ISSUANCE OF WORK PERMITS

(By authority conferred on the department of education by section 6 of 1978 PA 90, MCL 409.106, and Executive Reorganization Orders Nos. 1996-2, 2002-1, 2003-1, 2008- 4, and 2011-4, MCL 445.2001, MCL 445.2004, MCL 445.2011, MCL 445.2025, and MCL 445.2030)

Rule 1. All work permits for the legal employment of minors shall be issued pursuant to these rules.

History

• History: 1980 AACS.

Mich. Admin. Code R 409.2 Definitions {#sec-r-409.2 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.2}

Rule 2. (1) “Act" means the youth employment standards act, 1978 PA 90, MCL 409.101 to 409.124.

(2) A term defined in the act has the same meaning when used in these rules.

History

• History: 1980 AACS; 2015 AACS.

Mich. Admin. Code R 409.3 Responsibilities of employer {#sec-r-409.3 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.3}

Rule 3. (1) For a minor to be employed, a prospective employer or a person authorized by the prospective employer shall complete and sign a statement of intention to employ on a form prescribed by the department of education.

(2) An employer shall not employ a minor in an occupation regulated by the act until the employer procures from the minor, and keeps on file at the place of employment, a valid work permit or a 10-day temporary work permit.

(3) An employer shall return the work permit to the issuing officer immediately after the termination of a minor's employment.

(4) Upon written notice of suspension or revocation, the employer of the minor shall return the work permit to the issuing officer.

History

• History: 1980 AACS; 2015 AACS.

Mich. Admin. Code R 409.4 Responsibilities of minor {#sec-r-409.4 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.4}

Rule 4. A prospective minor employee shall personally take the completed and signed intention to employ form and present the form together with evidence of age to an issuing officer. If documentary proof of age, as described in section 5 of the act, is not obtainable, the issuing officer may accept other documentation, including, but not limited to, any of the following:

(a) A baptismal certificate.

(b) A bona fide record of the date and place of the minor's birth kept in a bible in which the record of the births of the family of the minor is preserved.

(c) A hospital record of birth.

(d) A passport.

(e) A certificate of arrival in the United States.

(f) A life insurance policy.

(g) An identification card from the Michigan department of state.

History

• History: 1980 AACS; 2015 AACS.

Mich. Admin. Code R 409.5 Responsibilities of issuing officer; review of intention to employ form; refusal to issue permit; probation; suspension and revocation of permit; records {#sec-r-409.5 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.5}

Rule 5. (1) Before making a determination to issue a work permit, an issuing officer shall do all of the following:

(a) Review the intention to employ form to ensure its proper completion and signature by the prospective employer or by a person authorized by the prospective employer.

(b) Review the general nature of the occupation in which the employer intends to employ the minor to ensure that the occupation is in compliance with all of the following:

(i) The act.

(ii) Any rules promulgated by the department of education under section 20 of the act.

(iii) The child labor regulations of the federal fair labor standards act of 1938, as amended, 29 U.S.C. §201.

(c) Review the intention to employ form for deviations from the standards established by the department of education under section 20 of the act.

(2) Upon approval of the information prescribed in subrule (1) of this rule, the issuing officer shall sign and issue a work permit.

(3) A copy of the work permit, together with evidence of any department of education approved deviations from section 20 of the act, if applicable, shall be placed in the minor's permanent school file for as long as the minor is employed.

(4) The issuing officer may refuse to issue a work permit for any of the following reasons:

(a) The general nature of the occupation is determined to be hazardous and in violation of rules promulgated by the department of education under section 20 of the act.

(b) The information presented by a minor is incomplete.

(c) The minor's employment is in violation of federal or state law or of a regulation or rule promulgated under federal or state law.

(5) Upon written notice to the minor and the employer, the issuing officer shall place the minor on a 30-calendar-day probationary period when the minor's poor school attendance results in consistent academic performance at a level lower than that which preceded his or her employment.

(6) If, at the conclusion of the 30-calendar-day probationary period, the minor’s poor school attendance continues to result in consistent academic performance at a level lower than that which preceded his or her employment, upon written notice to the minor and the employer, the issuing officer may suspend the work permit for a period of not more than 30 calendar days. The minor is suspended from work during suspension of the work permit.

(7) Upon written notification to the minor and employer, the issuing officer may revoke a work permit following suspension of the work permit as specified in subrule (6) of this rule if the deficiency that led to the suspension is not corrected.

(8) The immediate revocation of a work permit shall occur if a minor's employment is in violation of federal or state law or of a regulation or rule promulgated under federal or state law and if the issuing officer is informed of the violation by the department of education.

(9) Upon revocation of a work permit pursuant to these rules, the minor’s legal employment under the authority of the permit ceases.

(10) Upon revocation of a work permit, the issuing officer shall inform the minor of the appeal process pursuant to the administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328, and shall provide instructions as to the initiation of an appeal by the minor, by a parent or guardian of the minor, or by a person or agency to whom custody of the minor has been awarded. The issuing officer shall keep a record of all appeals.

(11) Records that are exempt from disclosure by statute or regulation shall not be disclosed.

History

• History: 1980 AACS; 2015 AACS.

Mich. Admin. Code R 409.6 Rescission {#sec-r-409.6 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 409.6}

Rule 6. R 340.186 and R 340.187 (formerly R 349.186 and R 349.187) of the Michigan Administrative Code, appearing on pages 3920 and 3921 of the 1954 Michigan Administrative Code, are rescinded.

History

• History: 1980 AACS.

Workers' Compensation Agency Workers' Compensation Agency

R 418.61 to R 418.70 Workers’ Disability Compensation Appeals Commission

Mich. Admin. Code R 418.61 Scope {#sec-r-418.61 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.61}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

WORKERS' DISABILITY COMPENSATION AGENCY

WORKERS’ DISABILITY COMPENSATION APPEALS COMMISSION

(By authority conferred on the chair of the commission by section 274 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.274, and Executive Reorganization Order Nos. 1996-2, 1999-3, 2002-1, 2003-1, and 2019-3, MCL 445.2001, 418.3, 445.2004, 445.2011, and 125.1998)

Rule 1. These rules apply to practice and procedure before the workers’ disability compensation appeals commission, or any successor to that body, in appeals taken under the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.62 Definitions {#sec-r-418.62 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.62}

Rule 2. As used in these rules:

(a) “Commission” means the workers’ disability compensation appeals commission or any successor to that body.

(b) “Commissioner” means a member of the workers’ disability compensation appeals commission or any successor to that body.

(c) “Director” means the director of the workers’ disability compensation agency or any successor to that body. “Director” includes his or her duly authorized representative.

(d) “Electronic filing” means the process of submitting a document over the internet to the commission, including the State of Michigan File Transfer System (FTS), in accordance with the instructions available on the commission’s website.

(e) “Electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(i) An electronic signature may be a graphic representation of the signature.

(ii) The following forms are acceptable: “/s/ John Smith” or “/s/ John Smith, Attorney.”

(f) “State of Michigan File Transfer System” (FTS) is an electronic computer-based system that facilitates the transmission of a computer file through a communication channel provided by this state from 1 computer system to another.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.63 Filings generally {#sec-r-418.63 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.63}

Rule 3. (1) All pleadings, transcripts, briefs, and other documents pertaining to an appeal must be filed with the commission. Each document must bear both of the following:

(a) The Board of Magistrate’s case number or, if no case number has been assigned, the claimant’s social security number with the first 5 digits redacted.

(b) The Commission’s docket number, if assigned when the document is filed.

(2) Filing may be accomplished by any of the following:

(a) Hand delivery, mailing, or delivery service.

(b) Facsimile transmission.

(c) Any other means formally authorized by the commission, including electronic filing using the FTS.

(3) A document filed via facsimile transmission is deemed to have been filed on the day the document is received by the commission between 12:00:00 a.m. and 11:59:59 p.m. under thenprevailing time in Lansing, Michigan.

(4) A document filed via an approved electronic filing system is deemed to have been filed on the day the document is accepted by the system between 12:00:00 a.m. and 11:59:59 p.m. under then-prevailing time in Lansing, Michigan.

(5) Unless authorized by the commission pursuant to subrule (2)(c) of this rule, filing by email is prohibited. Service on opposing counsel by e-mail is prohibited unless opposing counsel has agreed in advance, by written or e-mail correspondence, to accept such service.

(6) The commission shall recognize only 1 attorney for each party for the purpose of receiving correspondence and filing pleadings. The attorney for an appellant is the person signing the claim for review. The attorney for an appellee is the person who represented the appellee at the hearing or an attorney who first files an appearance for the appellee. Once an attorney is recognized in correspondence from the commission, a party may change the attorney by filing a stipulation between the current and the new attorney or by filing a motion.

(7) An attorney who has filed a claim for review or entered an appearance may withdraw only by order of the commission, upon motion filed and served upon all parties, including the client of the attorney seeking to withdraw.

(8) All parties representing themselves and all attorneys representing a party shall keep the commission informed of their current mailing addresses, telephone numbers, facsimile numbers, and email addresses.

(9) A required signature means a written signature, or an electronic signature.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.64 Filing of claim for review {#sec-r-418.64 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.64}

Rule 4. (1) An appeal to the commission begins when a party files a claim for review. Any party filing a claim for review is an appellant. All other parties are appellees, but their filings may also make them an appellant, cross appellant, or cross appellee. An appellant shall provide copies of the filing to all other parties at the time of filing with the commission, and shall certify to the commission that the required copies have been provided.

(2) Unless otherwise provided by the provisions of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, a claim for review is timely if received by the commission as follows:

(a) Not later than 30 days after the mailing date stamped or designated by the workers’ disability compensation agency on the appealed decision or order, in the case of an appeal from the order of a workers’ compensation magistrate.

(b) Not later than 15 days from the mailing date stamped or designated by the workers’ disability compensation agency on the appealed decision or order, in the case of an appeal from an order of the director.

(3) A party does not become an appellant or cross appellant by the party’s own labeling of its filings. The commission will determine the status of an appeal in question.

(4) The commission may grant additional time in which to file a claim for review from a decision of a workers’ compensation magistrate, for sufficient cause shown. A party requesting further time shall file a written “Motion for Delayed Appeal” complying with R 418.68, stating why the claim for review is late.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.65 Cross appeals {#sec-r-418.65 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.65}

Rule 5. (1) A cross appeal must be received by the commission not later than 30 days after the cross appellant has first received a copy of an appellant’s brief. A party filing a cross appeal is a cross appellant and all other parties are cross appellees. The cross appellant shall certify the date of first receipt of appellant’s brief. The failure to so certify creates a rebuttable presumption that the cross appellant received the appellant’s brief on the date the commission received that brief. The cross appellant shall provide all other parties with copies of the cross appeal at the time of filing with the commission, and shall certify to the commission that this has occurred.

(2) A cross appeal may not be filed before the cross appellant has received appellant’s brief.

(3) A delayed cross appeal may not be filed. An extension of time to file a reply brief does not extend the time to file a cross appeal.

(4) The withdrawal or dismissal of the appellant’s appeal extinguishes the cross appeal.

(5) A cross appeal must be filed on the claim for review form, and state that the cross appellant cross appeals the order from which an appellant has filed a claim for review.

(6) A document purporting to be a cross appeal that is not filed pursuant to the requirements of this rule is a claim for review.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.66 Briefing deadlines without filing transcript {#sec-r-418.66 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.66}

Rule 6. (1) For purposes of briefing deadlines, a transcript is considered to be filed as follows:

(a) If a record was not made of the hearing, a transcript is considered to have been filed on the same day the claim for review is filed.

(b) If the commission accepts a stipulation of all parties to proceed without the filing of a transcript, a transcript is considered to have been filed on the date the commission accepts the stipulation.

(2) When no transcript is required pursuant to this rule, all parties are considered to have received the transcript on the date the claim for review is filed.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.67 Briefs; titles; filing {#sec-r-418.67 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.67}

Rule 7. (1) A brief must be entitled “appellant’s brief,” “appellee’s brief,” “cross appellant’s brief,” or “cross appellee’s brief,” or must be otherwise appropriately designated.

(2) An appellant’s brief must be filed with the commission not more than 30 days after the transcript is filed. Where there are multiple transcripts, the 30-day period begins to run on the date the commission receives the last transcript.

(3) A cross appellant’s brief must be filed with the commission not more than 30 days after the cross appellant receives an appellant’s brief and a copy of the transcript.

(4) An appellee or a cross appellee need not file a brief. If the appellee or cross appellee wishes to do so, that brief must be filed with the commission within 30 days after first receipt of the appellant’s or cross appellant’s brief, with certification of the date of receipt. The failure to so certify creates a rebuttable presumption that receipt of appellant’s or cross-appellant’s brief occurred on the date the commission received the original document.

(5) The commission, in its discretion and for sufficient cause shown, may grant further time in which to file any brief.

(6) The commission may allow a party to file a supplemental brief. A supplemental brief may not raise new issues.

(7) Any party filing any brief shall certify in writing to the commission that a copy of this brief has been served upon all parties or their counsel, and the date and manner of the service.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.68 Motion practice {#sec-r-418.68 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.68}

Rule 8. (1) All motions must be in writing.

(2) A party filing a motion shall provide all other parties with a copy of the motion at the time of filing and shall certify to the commission that the party has done so.

(3) A party has 21 days from the date the motion was filed with the commission to file a response to the motion, and shall certify that a copy of the response has been provided to all other parties. The commission may consider a request to extend the time to file a response to a motion, if the request is filed before the motion is submitted to the panel for disposition. Such a request must be made in the form of a motion.

(4) After the expiration of the time for filing a response to a motion, the motion will be submitted to a panel for disposition.

(5) A motion or response to a motion representing the existence of facts not in the record or not within the personal knowledge of the signer of the motion or response must be supported by an affidavit signed by an individual with such personal knowledge, or those factual assertions may be disregarded.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.69 Disqualification and recusal {#sec-r-418.69 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.69}

Rule 9. (1) A commissioner may be recused, or disqualified, from a case based on the existence of bias, prejudice, interest, or any other cause provided for in this rule.

(2) A commissioner may be recused in any proceeding in which the impartiality of the commissioner might reasonably be questioned, including, but not limited to, instances in which the commissioner:

(a) Has a personal bias or prejudice concerning a party or a party’s attorney.

(b) Has personal knowledge of disputed evidentiary facts concerning the proceeding.

(c) Has been consulted or employed as an attorney in the matter in controversy.

(d) Is or was a party.

(e) Was, within the preceding 2 years, a partner of or in an employment relationship with a party.

(f) Was, within the preceding 2 years, attorney for a party or a member of a law firm representing a party.

(g) Has been a material witness concerning the matter in controversy.

(3) A commissioner may also be recused in any proceeding in which the commissioner, the commissioner’s spouse, a person within the third degree of relationship to either of them, or the spouse of such a person is:

(a) A party to the proceeding, or an officer, director, or trustee of a party.

(b) Acting as a lawyer in the proceeding.

(c) Known by the commissioner to have a more than de minimis financial interest that could be substantially affected by the proceeding.

(d) To the commissioner's knowledge, likely to be a material witness in the proceeding.

(4) A commissioner may be disqualified for any other reason provided by law.

(5) A commissioner who would otherwise be recused under this rule may disclose to the parties in writing the basis of disqualification and may ask the parties and their attorneys to consider, outside the commissioner’s presence, whether they wish to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, all parties agree that the commissioner should not be disqualified, the commissioner may participate in the proceeding. The existence of the agreement must be incorporated into the hearing record.

(6) Any party seeking to disqualify a commissioner shall so move within 30 days after receiving notice that the commissioner will participate in the proceeding or upon discovering facts establishing grounds for disqualification, whichever is later. A motion for recusal must be made in writing and accompanied by an affidavit setting forth definite and specific allegations demonstrating the facts upon which the motion for disqualification is based. An untimely motion may be granted for good cause shown. If a motion is not timely filed, the commission may consider the untimeliness in deciding whether to grant the motion.

(7) The challenged commissioner shall decide the motion. If the challenged commissioner denies the motion, the challenging party may, within 14 days, submit to the challenged commissioner or the commission chairperson a request that the motion be referred for decision to another commissioner assigned by the chairperson subject to the following:

(a) If the chairperson is the challenged commissioner or if the chairperson has an acknowledged conflict of interest, the commissioner whose participation is not being challenged shall decide the motion.

(b) If the challenged commissioner is the only commissioner with no acknowledged conflict of interest, the motion must be referred to the workers’ compensation board of magistrates for decision by either the chairperson or another magistrate designated by the chairperson.

(c) Consideration of a referred motion shall be de novo.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

Mich. Admin. Code R 418.70 Extensions of time to comply with rules {#sec-r-418.70 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.70}

Rule 10. The commission may grant extensions of time to a party to comply with any of these rules for sufficient cause shown, except as otherwise provided in these rules.

History

• History: 2021 MR 21, Eff. Nov. 12, 2021.

R 418.81 to R 418.99 Workers’ Compensation Board of Magistrates

Mich. Admin. Code R 418.81 Definitions {#sec-r-418.81 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.81}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

WORKERS' DISABILITY COMPENSATION AGENCY

WORKERS’ COMPENSATION BOARD OF MAGISTRATES

(By authority conferred on the director of the workers' disability compensation agency by sections 205 and 213 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.205 and 418.213, section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, and Executive Reorganization Order Nos. 1996-2, 1999-3, 2002-1, 2003-1, and 2019-3, MCL 445.2001, 418.3, 445.2004, 445.2011, and 125.1998)

PART 1. GENERAL

Rule 1. As used in these rules:

(a) “Act” means the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

(b) “Board” means the workers’ compensation board of magistrates.

(c) “JFPTC” means joint and final pretrial conference.

(d) “JFPTO” means joint and final pretrial order.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.82 Scope {#sec-r-418.82 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.82}

Rule 2. (1) These rules apply to practice and procedures before the board.

(2) These procedural rules must be construed to secure a fair and impartial determination of the issues presented in contested cases consistent with due process.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.83 Hearing district explained {#sec-r-418.83 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.83}

Rule 3. (1) A hearing district is an area of the state served by 1 or more magistrates as designated by the chairperson of the board.

(2) The assignment of magistrates is as required by caseload and determined by the chairperson of the board.

(3) The chairperson of the board is responsible for implementing hearing procedures and has general supervisory control of the board, consistent with section 213 of the act, MCL 418.213, and Executive Reorganization Order No. 2019-13, MCL 125.1998.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.84 Computation of time {#sec-r-418.84 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.84}

Rule 4. (1) In computing any period of time prescribed or allowed by these rules, the time in which an act is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state legal holiday, in which case the period will run until the end of the next day following the Saturday, Sunday or state legal holiday.

(2) Unless otherwise specified by the magistrate, rule, or statute, the date of receipt of a filing by the board is the date used to determine whether a pleading or other paper has been timely filed.

(3) Except where otherwise specified, a period of time in these rules means calendar days, not just business days.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.85 Appearances {#sec-r-418.85 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.85}

Rule 5. (1) Unless otherwise indicated by the magistrate, the parties or their attorneys shall personally appear at facilitations, motions, pre-trials, redemptions, hearings on the merits, control dates, JFPTC, and any other types of hearings as may be scheduled.

(2) With prior approval of the magistrate, the parties or their attorneys may appear by telephone, video conference, or other electronic means. The parties or their attorneys shall be ready to proceed as previously directed by the magistrate.

(3) Failure of the petitioner or the petitioner’s attorney to appear in a timely manner and participate may subject the application for hearing to dismissal. If the respondent or the respondent’s attorney fails to appear in a timely manner, then the magistrate may proceed in the absence of the respondent or the respondent’s attorney.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.86 Disqualification of magistrate {#sec-r-418.86 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.86}

Rule 6. (1) A party may bring a motion to disqualify a magistrate, or a magistrate may raise the issue on his or her own initiative.

(2) A magistrate is disqualified when the magistrate cannot impartially hear a case.

Circumstances that warrant disqualification include, but are not limited to, circumstances where the magistrate:

(a) Is interested as a party.

(b) Is personally biased or prejudiced for or against a party or attorney.

(c) Has been consulted or employed as counsel.

(d) Was a partner of a party, attorney for a party, or a member of a law firm representing a party within the preceding 2 years.

(e) Is within the third degree under civil law of consanguinity or affinity to a person acting as an attorney or within the sixth degree under civil law to a party.

(f) Owns, or his or her spouse or minor child owns, a stock, bond, security, or other legal or equitable interest of a corporation that is a party. This subdivision does not apply to any of the following:

(i) Investments in securities traded on a securities exchange registered as a national securities exchange under the Securities Exchange Act of 1934, 15 USC 78a to 78pp.

(ii) Shares of an investment company registered under the Investment Company Act of 1940, 15 USC 80a-1to 80a-64.

(iii) Securities of a public utility holding company registered under the Public Utility Holding Company Act of 2005, 42 USC 16451(8).

(g) Is disqualified for any other reason by law.

(3) A party shall file a motion to disqualify within 30 days after the case has been assigned to a magistrate, or within 30 days after the movant discovers, or with reasonable diligence should have discovered, the information that is the basis of the motion, whichever is later.

(4) The motion for disqualification must set forth with particularity the factors that would be admissible as evidence to establish the grounds stated in the motion. An affidavit must accompany the motion.

(5) The challenged magistrate shall decide the motion. If the challenged magistrate denies the motion, then the challenging party may ask that the motion be referred for decision to the chairperson or, in the chairperson’s discretion, the chairperson may assign the motion to another magistrate at a different hearing location for decision, except as provided in subrule (6) of this rule.

(6) If the motion is made after the trial has commenced, then the challenged magistrate shall rule upon the motion. If the motion is denied, then the trial magistrate shall continue the trial.

(7) When a magistrate is disqualified, the chairperson shall assign another magistrate to hear the case.

(8) The parties may waive actual, potential, or purported conflicts with a magistrate, and that magistrate may then process the claim as he or she deems fit.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.87 Ex parte communications with a magistrate {#sec-r-418.87 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.87}

Rule 7. (1) Counsel or the parties may not engage in substantive ex parte communications with the magistrate concerning the action prior to the hearing. Routine communication about administrative tasks, such as scheduling hearings, is not prohibited.

(2) If a magistrate receives direct or indirect communication prohibited by subrule (1) of this rule, the magistrate shall promptly notify all parties or their attorneys of the receipt of such communication and its content. A record of the communication must be maintained in the agency file.

(3) Once a case has been referred to a magistrate for hearing, all communication related to the case of a substantive basis from any party should be administered through agency staff.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.88 Case development docket {#sec-r-418.88 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.88}

Rule 8. (1) All cases are assigned to a magistrate on initial pre-trial date. Unless it is a 60day case, the magistrate shall place the case on the case development docket and schedule an initial control date. 60-day cases, as provided in section 205 of the act, MCL 418.205, must be placed on the trial docket, and scheduled for a JFPTC and trial date in accordance with R 418.93.

The petitioner in a 60-day case may waive that status and the case shall then be placed on the case development docket.

(2) Cases that are on the case development docket are assigned control dates at the discretion of the magistrate at such intervals and frequency as deemed appropriate. Appearance of the parties must comply with R 418.85.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.89 Subpoena; provision to opposing party; submittal of subpoenaed records; disputes {#sec-r-418.89 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.89}

Rule 9. (1) A subpoena must be on an agency approved form and comply with the following:

(a) The party requesting the subpoena shall certify that the matter about which the subpoena is requested is pending before the agency.

(b) Magistrates or attorneys may sign subpoenas. A subpoena must be fully completed before submission to a magistrate for signing.

(c) The return date indicated on the subpoena must provide a reasonable time for compliance.

(d) Magistrates may sign a subpoena for a case assigned to another magistrate unless the assigned magistrate has refused to sign the subpoena.

(2) A copy of a subpoena issued by a magistrate or attorney pursuant to section 853 of the act, MCL 418.853, must be provided to all parties, or their legal counsel if known, at the time of issuance.

(3) All subpoenaed records must be returned directly to the party requesting the records.

The charges for copying records are limited to the charges permitted by R. 418.10118(1).

(4) The recipient of the subpoena shall immediately do either of the following:

(a) Provide a complete copy of the records to the requesting party.

(b) Make the records reasonably available to the requesting party for copying.

(5) After a requesting party has obtained a copy of subpoenaed records, that party shall promptly provide a copy to all other parties.

(6) Only those records admitted into evidence or offered and excluded by a magistrate at a hearing are placed in the agency file or maintained by the agency.

(7) Any dispute arising under this rule must be brought by motion before the assigned magistrate and have a copy of the subpoena attached. A copy of the motion and the subpoena must be served on all parties or their counsel, and proof of service filed with the agency. If a party claims certain subpoenaed records, or portions thereof, are protected from disclosure by a privilege, the magistrate assigned to the case shall assign another magistrate to hear the motion, review the records, and order production of the records, or portions thereof, not specifically protected by a privilege.

(8) A witness who attends any action or proceeding pending before a magistrate shall be paid a witness fee of $12.00 for each day and $6.00 for each half day. The traveling expenses are those authorized in the state standardized travel regulations.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.90 Motion practice {#sec-r-418.90 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.90}

Rule 10. (1) All requests for action addressed to the magistrate, other than during a hearing, must be made in writing. Written requests for action must state specific grounds and describe the action or order sought. A copy of all written motions or requests for action must be served pursuant to R 408.36(c). All motions must be accompanied by a notice of hearing.

(2) All motions must be filed at least 14 days prior to the date set for hearing unless other scheduling provisions prevent compliance with this timeline or the need for the motion could not reasonably have been foreseen 14 days prior to the hearing.

(3) A response to a motion may be filed within 7 days after service of the written motion unless otherwise ordered by the magistrate. A party may request an expedited ruling.

(4) All motions and responses must include citations of supporting authority and, if germane, supporting affidavits and attachments to affidavits.

(5) A ruling on a motion must be on the record and memorialized in a written order, at the discretion of the magistrate or if requested by any party.

(6) Unless ordered by the magistrate or a tribunal of higher authority, a claim for review filed in response to a ruling issued under subrule (5) of this rule is not a stay of magistrate proceedings.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.91 Discovery {#sec-r-418.91 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.91}

Rule 11. (1) Discovery provided in sections 222, 301, 401, and 853 of the act, MCL 418.222, 418.301, 418.401, and 418.853, and applicable caselaw, must be available under the supervision of the magistrate as set forth in this rule.

(a) The claimant shall provide the information and records required pursuant to section 222(3) of the act, MCL 418.222, a completed WC-105A, and copies of reports from medical examiners requested by the claimant or his or her attorney within 30 days of receipt.

(b) The employer or carrier shall provide information and records required pursuant to sections 385 and 222(2) of the act, MCL 418.385 and 418.222, and a completed WC-105B, except where the employer is no longer active and there is no representative available to complete the form.

(c) The parties shall reasonably supplement their responses to subdivisions (a) and (b) of this subrule as new information is obtained or records are received.

(d) Vocational consultant reports and the information contained therein must be provided to all parties within 21 days of receipt of the reports. Failure to observe the time periods in this subdivision may be raised by any party as a basis to exclude the report as evidence at the discretion of the magistrate. Any information in the report regarding available remunerative employment must include all of the following:

(i) The name, address, and phone number of the employer with available employment.

(ii) A job description outlining all of the functional requirements of the job.

(iii) Any other pertinent information necessary to apply for the employment.

(e) If an employer or carrier independently obtains information that remunerative employment is reasonably available to the injured employee, the employer or carrier shall, within a reasonable time, provide to the employee or his or her attorney all the information required in subdivision (d)(i), (ii), and (iii) of this subrule.

(f) If not already provided by the employer pursuant to subdivision (b) of this rule, employers, carriers, and claims administrators shall, upon written request, provide a complete copy of all employment, personnel and claims records of the employee in their possession, including, but not limited to, electronically stored, or communicated information. Records must include, but are not limited to, all of the following:

(i) Payroll records.

(ii) Records and values of all fringe or other benefits.

(iii) Injury reports.

(iv) Witness statements.

(v) First aid and other medical reports.

(vi) Group insurance records.

(vii) Material safety data sheets.

(viii) Air quality studies.

(ix) Occupational safety and health reports.

(x) Nurse case management records.

(xi) Non-privileged portions of the claims file.

(g) Upon request, an employee shall submit to an examination by a physician or surgeon authorized to practice medicine in this state. The term ‘physician’ as used in this rule shall be interpreted to include psychologists who satisfy the requirements of section 18223 of the public health code, 1978 PA 368, MCL 333.18223, and section 1100c(11) of the mental health code, 1974 PA 258, MCL 330.1100c. The magistrate may determine the time, place, manner, conditions, and scope of the examination. Other than as provided for in section 385 of the act, MCL 418.385, no person other than the employee may be present at the examination without the consent of the opposing party or by order of the magistrate for good cause shown.

(h) Upon the request of a defendant employer or carrier, an employee seeking wage loss benefits shall appear for an interview regarding his or her qualifications and training conducted by a qualified vocational rehabilitation consultant at a time and place convenient to the employee. The employee may appear with a person of the employee’s choosing. The employee may record the interview at the employee’s expense with the consent of the opposing party or by order of the magistrate for good cause shown.

(i) Additional discovery under section 853 of the act, MCL 418.853, may be made equally available to all parties at the discretion and supervision of the magistrate.

(j) For claims arising out of an employee’s death, the employer or carrier shall, upon written request, provide the following to the claimant’s attorney within 28 days:

(i) The names, addresses, and telephone numbers of all individuals with information about the employee’s jobs duties and the events and circumstances surrounding the employee’s injury or death.

(ii) Copies of all investigation or incident reports and witness statements in the employer’s possession or control.

(iii) Copies of all electronically stored information, including video surveillance, that documents the employee’s injury or death and the circumstances surrounding it.

(iv) Depending on the nature of the case and the issues involved, the magistrate may order other forms of discovery, upon request of a party and for good cause shown.

(v) The obligations set forth in subdivision (j)(i) and (ii) of this subrule apply equally to information possessed by claimants, their attorneys, and agents thereof.

(k) For claims arising out of an employee’s cognitive or communicative incapacity, a magistrate may require the employer or carrier to provide the information set forth in subdivision (j) of this subrule upon a sufficient showing of such cognitive or communicative incapacity.

(l) Evidence exchanged pursuant to this rule shall not be provided to or maintained by the agency unless marked as an exhibit by a party.

(2) Upon finding the willful failure of a party to comply with this rule, the magistrate may exclude evidence or prohibit that party from proceeding under the act.

Editor's Note: An obvious error in R 408.91 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2021 AACS. The memorandum requesting the correction was published in Michigan Register, 2022 MR 6.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.92 Exhibit admissibility hearing {#sec-r-418.92 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.92}

Rule 12. (1) After the parties have had a reasonable opportunity to gather and exchange existing medical and other documents upon stipulation of the parties, upon the motion of a party, or at the discretion of the magistrate, the magistrate may schedule, at a date, time, and place convenient to the parties, a hearing to determine admissibility at trial of any specific proposed exhibit.

(2) A party seeking to introduce any specific proposed exhibit under this rule shall provide a copy of such exhibit, unless previously furnished to all other parties, at least 14 days prior to the exhibit admissibility hearing.

(3) Any objections to the proposed exhibit must be made by the parties at or before the hearing and ruled upon by the magistrate consistent with R 418.97. Upon finding that a proposed exhibit under this rule is not authentic or was created specifically for purposes of the litigation, the magistrate may exclude the proposed exhibit. Any decision on any objections are subject to R 418.90(5) and (6).

(4) All exhibits found admissible by the magistrate must be identified with specificity in an order and admitted at the time of trial.

(5) A party may attempt to cure or remedy any sustained objections to the admission of exhibit raised by an opposing party at the exhibit admissibility hearing. This rule does not preclude a magistrate from subsequently admitting the proposed documents once the parties have had the opportunity to cure or remedy any objections raised. This rule does not preclude a party from offering other documentary evidence prior to the JFPTC or during trial.

(6) If an exhibit is found to be admissible, any party opposing admission of the exhibit may schedule the deposition of the person or entity that prepared the record at that party’s expense.

The magistrate may limit the physician charges for such cross examination to a reasonable fee under section 858 of the act, MCL 418.858. The party offering the evidence is entitled to examine the person or entity during such a deposition.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.93 Joint final pre-trial conference {#sec-r-418.93 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.93}

Rule 13. (1) Records or other exhibits of any kind that any party intends to offer as evidence in the proceeding shall be exchanged between the parties no later than 14 days before the JFPTC.

After the parties have gathered and exchanged the existing medical and other evidence, upon stipulation of the parties or at the discretion of the magistrate, there must be a JFPTC with the magistrate regarding admissibility of evidence or any other preliminary matters.

(2) The parties may prepare and file a joint final pre-trial statement that lists issues for adjudication, stipulations, and any potential witnesses and exhibits, other than materials subject to attorney-client privilege, that the parties intend to submit into evidence at the time of trial.

This will not constitute a waiver of any issue, witness testimony, or exhibit not specifically raised or listed should a statement be submitted.

(3) Any objections to the proposed witnesses and exhibits shall be made by the parties and ruled upon by the magistrate. Upon finding that a proposed exhibit under this rule is not authentic or was created specifically for purposes of the litigation, the magistrate may exclude the proposed exhibit. Any decision on any objections is subject to R 418.90(5) and (6).

(4) All admissible exhibits must be listed in a JFPTO, except as provided in subrules (2) or (7) of this rule or R 418.94(6), and admitted at the time of trial.

(5) After the completion of the JFPTC, the magistrate shall place the case on the trial docket and assign a trial date. The magistrate may schedule a subsequent JFPTC if necessary.

(6) The parties are bound by the stipulations listed on the JFPTO unless modified or withdrawn for good cause shown. If a stipulation is modified or withdrawn, the party proposing the stipulation may offer additional evidence, including testimony necessitated by the withdrawal or modification.

(7) The parties must be entitled to necessary rebuttal evidence and witnesses including materials subject to attorney client privilege, not listed on the JFPTO at the time of trial. The parties may offer rebuttal evidence and witnesses at the time of trial, not listed on the JFPTO, including materials not previously disclosed due to attorney-client privilege.

(8) While a case is pending on the trial docket, the parties may attempt to cure or remedy any objections raised by the opposing party at the JFPTC. The magistrate may make subsequent rulings as to admissibility once the parties have had the opportunity to cure or remedy any objections raised.

(9) At the discretion of the magistrate, a case may be returned to the case development docket after being placed on the trial docket if the circumstances require, to allow further development.

PART 2. HEARINGS

History

• History: 2021 AACS.

Mich. Admin. Code R 418.94 Hearing procedures {#sec-r-418.94 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.94}

Rule 14. (1) The party filing the application for mediation or hearing must first present evidence in support of the application.

(2) Unless the magistrate orders otherwise, only 1 attorney for each party may examine or cross-examine a witness.

(3) The magistrate may call witnesses, issue subpoenas, and order the production of books, records, accounts, and papers that are necessary for the purpose of making a decision. A magistrate may direct the attorneys to submit briefs.

(4) The magistrate may require such information from the parties as may be necessary to monitor the progress of the case, assist in the voluntary exchange of information between parties, and assist in the scheduling of cases.

(5) The hearing completion time shall be at the discretion of the magistrate, but it must not be more than 30 days after the date the hearing commenced unless the magistrate allows an extension beyond this time for good cause shown.

(6) Unless provided in accord with R 418.92 and R 418.93, all records, or other exhibits of any kind that any party intends to offer as evidence in the proceeding must be exchanged between the parties no later than 14 days before the JFPTC. This will not preclude admission at trial of any additional records or exhibits and does not constitute preclusion of records or exhibits not in the possession of either party, or newly discovered relevant evidence from being admitted.

(7) At their own expense, a party may schedule the cross-examination of the person or entity that prepared a proposed exhibit. The magistrate may limit the physician’s charges for such cross-examination to a reasonable fee under section 858 of the act, MCL 418.858.

(8) This rule does not affect the magistrate’s discretion to rule on newly discovered evidence.

(9) A case may be placed on the redemption docket upon request of the parties if it appears that the case will be resolved by way of redemption. The parties must be given necessary time to resolve any issues regarding medical bills or liens; Medicare or Medicaid compliance; friend of the court liens; or any other such liens, claims, or issues that may arise. If the parties are ultimately unable to resolve the case by way of redemption, the case must be returned to the development or trial docket, at the discretion of the magistrate.

(10) Upon finding the willful failure of a party to comply with this rule, the magistrate may prohibit that party from proceeding under the act.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.95 Stipulations {#sec-r-418.95 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.95}

Rule 15. In addition to stipulations in the JFPTO:

(1) The parties may agree upon facts, or any portion of facts, by written stipulation or by a statement entered into the record.

(2) Stipulations must be used as evidence at the hearing or subsequent proceedings.

(3) Stipulations are binding on the parties that have acknowledged acceptance of the stipulations.

(4) The parties may stipulate to limit the issues to be decided by the magistrate. The stipulation only applies to that issue and is not considered a waiver of any rights not addressed by the stipulation.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.96 Record {#sec-r-418.96 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.96}

Rule 16. (1) The agency shall maintain an official record of each case or proceeding.

(2) The record must include all of the following:

(a) Notice of hearings and records of adjournments.

(b) JFPTO and any other prehearing orders.

(c) Motions, pleadings, briefs, applications, requests, opinions, and orders.

(d) Evidence admitted.

(e) Statements of matters officially noticed.

(f) Offers of proof, objections, and rulings.

(g) Clearly marked offered but rejected evidence.

(h) Recordings and transcripts of the proceedings before the magistrate that have been obtained by the parties.

(i) Written notations of any ex parte communications.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.97 Evidence admissibility; objections, submission in written form {#sec-r-418.97 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.97}

Rule 17. (1) Except as provided in these rules, the Michigan rules of evidence, as applied in a civil case in circuit court, must be followed in all proceedings as far as practicable, but a magistrate may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(2) The following governs admissibility of medical records at trial:

(a) Absent an objection sustained by the magistrate, authenticated treating medical records, including bills, must be admitted.

(b) A report of an independent medical examiner under section 385 of the act, MCL 418.385, shall be admitted into evidence if offered by the injured employee. A report by an independent medical examiner requested by the injured employee must be admitted into evidence if offered by defendant.

(c) Properly authenticated diagnostic reports must be admitted into evidence if prepared by treating medical providers and commonly relied upon by other treating physicians including, but not limited to, x-rays, MRI reports, CT scans, EMG’s, nerve conduction studies, ultrasounds, and laboratory results.

(3) Expert testimony may be admitted without satisfying Daubert v Merrell Dow Pharmaceuticals, Inc, 509 US 579, 589; 113 S Ct 2786; 125 L Ed 2d 469 (1993).

(4) Effect is given to the rules of privilege recognized by law.

(5) A duly executed certificate on the agency subpoena form satisfies the authentication requirement for records.

(6) Objections to, and rulings on, offers of evidence must be made on the record.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.98 Testimonial evidence {#sec-r-418.98 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.98}

Rule 18. (1) The testimony of all witnesses must be upon oath or affirmation.

(2) Witnesses must be sequestered at the request of a party or by the magistrate on his or her own initiative.

(3) Opposing parties are entitled to cross-examine witnesses subject to the provisions of R 418.94(2).

(4) The testimony of medical experts and vocational consultants may be taken by deposition. A party taking a deposition shall give reasonable notice to all parties. The magistrate may limit the time, manner, and place where the deposition occurs.

(5) At the discretion of the magistrate, other witnesses may testify by deposition before trial.

The magistrate may limit the time, manner, and place where the deposition testimony occurs.

(6) At the discretion of the magistrate, and for good cause shown, the testimony of medical experts and vocational consultants not presented at the scheduled trial date may be taken by deposition after the conclusion of the lay testimony in accordance with the following:

(a) The plaintiff shall take such depositions within 42 days after the trial date.

(b) The defendants shall take such depositions within 56 days after the trial date.

(c) Transcripts must be filed with the magistrate within 72 days of the completion of lay testimony.

(7) All depositions taken in advance of the trial date must be filed with the magistrate on the trial date.

History

• History: 2021 AACS.

Mich. Admin. Code R 418.99 Case resolution by order and opinion; redemptions of liability; attorney briefs; correction of mistakes in order or opinion {#sec-r-418.99 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.99}

Rule 19. (1) A case that is assigned to a magistrate must be resolved by an order and, when applicable, an opinion. The order, and when applicable, the opinion, must be written within 42 days of the closing of the record, except under extenuating circumstances as determined by the chairperson of the board.

(2) Except under extenuating circumstances as determined by the chairperson of the board, all cases assigned to a magistrate that proceed to hearing must be resolved by opinion written within 42 days of closing the record and must be prepared for mailing.

(3) All redemption hearings agreements must be either approved or denied by the issuance of a redemption order.

(4) A reversionary interest clause contained in a redemption agreement must be clearly labeled and disclosed to the magistrate, who shall make an express finding as to whether the clause is in the best interests of the employee as required by section 836(1)(a) of the act, MCL 418.836.

(5) All lump sum applications must be either approved or denied by the issuance of an order.

(6) In cases that are resolved by voluntary payment, there must be a written voluntary pay agreement and an order dismissing the application.

(7) In cases that are resolved by voluntary withdrawal of an application, there must be a written order of dismissal.

(8) Within the appeal period provided, a magistrate may on his or her own initiative correct a mistake in the order or opinion. Parties may stipulate to the corrections pursuant to section 851 of the act, MCL 418.851. Any corrections require a corrected order or opinion, or both, and must specify the corrections made.

History

• History: 2021 AACS.

R 418.10101 to R 418.101504 Workers' Compensation Health Care Services Rules

Mich. Admin. Code R 418.10101 Scope {#sec-r-418.10101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

WORKERS’ DISABILITY COMPENSATION AGENCY

WORKERS’ COMPENSATION HEALTH CARE SERVICES

(By authority conferred on the workers’ disability compensation agency by sections 205 and 315 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.205 and 418.315, section 33 of t h e administrative procedures act of 1 9 6 9 , 1969 PA 306, M C L 2 4 . 2 3 3 , a n d Executive Reorganization Order Nos. 1982-2, 1986-3, 1990-1, 1996-2, 2003-1, 2011-4, and 2019-3, MCL 18.24, 418.1, 418.2, 445.2001, 445.2011, 445.2030, and 125.1998)

PART 1. GENERAL PROVISIONS

Rule 101. (1) These rules do all of the following:

(a) Establish procedures by which the employer shall furnish, or cause to be furnished, to an employee who receives a personal injury arising out of and in the course of employment, reasonable medical, surgical, and hospital services and medicines, or other attendance or treatment recognized by the laws of the state as legal, when needed. The employer shall also supply to the injured employee dental services, crutches, artificial limbs, eyes, teeth, eyeglasses, hearing apparatus, and other appliances necessary to cure, so far as reasonably possible, and relieve from the effects of the injury.

(b) Establish schedules of maximum fees by a health facility or health care provider for such treatment or attendance, service, device, apparatus, or medicine.

(c) Establish procedures by which a health care provider shall be paid.

(d) Provide for the identification of utilization of health care and health services above the usual range of utilization for such services, based on medically accepted standards, and provide for acquiring by a carrier and by the agency the necessary records, medical bills, and other information concerning any health care or health service under review.

(e) Establish a system for the evaluation by a carrier of the appropriateness in terms of both the level of and the quality of health care and health services provided to injured employees, based upon medically accepted standards.

(f) Authorize carriers to withhold or recover payment from health facilities or health care providers, that have made excessive charges or that have required unjustified treatment, hospitalization, or visits.

(g) Provide for the review by the agency of the records and medical bills of any health facility or health care provider that have been determined by a carrier not to comply with the schedule of charges established by these rules or to require unjustified treatment, hospitalization, or office visits.

(h) Provide for the certification by the agency of the carrier's professional health care review program.

(i) Establish that when a health care facility or health care provider provides health care or health care service that is not usually associated with, is longer in duration than, is more frequent than, or extends over a greater number of days than that health care or service usually does with the diagnosis or condition for which the patient is being treated, the health facility or health care provider may be required by the carrier to explain the necessity in writing.

(j) Provide for the interaction of the agency and the department for the utilization of departmental procedures for the resolution of workers' compensation disputes.

(k) Are intended for the implementation and enforcement of section 315(2) to (9) of the act, MCL 418.315, and provide for the implementation of the agency's review and decision responsibility vested in it by those statutory provisions. The rules and definitions are not intended to supersede or modify the workers’ disability compensation act, the administrative rules of practice of the agency, or court decisions interpreting the act or the agency's administrative rules.

(2) An independent medical examination is exempt from these rules and may be requested by a carrier or an employee. An independent medical examination, (IME), shall be conducted by a practitioner other than the treating practitioner. Reimbursement for the independent medical evaluation shall be based on a contractual agreement between the provider of the independent medical evaluation and the party requesting the examination.

(3) These rules and the fee schedule do not pertain to health care services that are rendered by an employer to its employee in an employer-owned and employer-operated clinic.

(4) Payments made pursuant to a redemption order or a voluntary payment agreement signed by a magistrate, director, or director’s representative are subject to these rules and fee schedule.

(5) If a carrier and a provider have a contractual agreement designed to reduce the cost of workers' compensation health care services below what would be the aggregate amount if the fee schedule were applicable, the contractual agreement shall be exempt from the fee schedule. The carrier shall do both of the following:

(a) Perform technical and professional review procedures.

(b) Provide the annual medical payment report to the agency’s health care services division.

History

• History: 1998-2000 AACS; 2005 AACS; 2012 AACS; 2021 AACS.

Mich. Admin. Code R 418.10102 Claim filing limitations {#sec-r-418.10102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10102}

Rule 102. (1) A provider shall bill a carrier within one year of the date of service for consideration of payment.

(2) The one year filing rule shall not apply if the provider bills after the one year requirement under subrule (1) of this rule due to litigation or subrogation.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10103 Rescinded {#sec-r-418.10103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10103}

History

• History: 1998-2000 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 418.10104 Reimbursement to injured worker or to health insurer for compensable medical services {#sec-r-418.10104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10104}

Rule 104. (1) Notwithstanding any other provision of these rules, if an injured worker has paid for a health care service and at a later date a carrier is determined to be responsible for the payment, then the injured worker shall be fully reimbursed by the carrier.

(2) The injured worker may submit the request for reimbursement on a medical or dental claim form, but shall supply to the carrier a copy of a statement including the provider name, the date of service, the procedure and diagnosis and documentation of the amount paid.

(3) When a health insurer pays for a medical service to treat an injured worker and subsequently requests reimbursement from the workers' compensation carrier, the health insurer is not required to submit the request on a CMS 1500, or a UB-04 claim form, or other medical or dental claim form. The health insurer shall supply to the workers' compensation carrier, or the carrier's designee, a claim detail showing the date of service, the amount billed and paid, the procedure code and diagnosis for the rendered services.The workers' compensation carrier shall reimburse the health insurer the provider's usual and customary fee or the maximum allowable fee, whichever is less, for the compensable medical services in accordance with these rules.If the health insurer reimbursed the provider less than the amount allowed by these rules, then the workers' compensation carrier shall reimburse the amount paid by the health insurer.

History

• History: 1998-2000 AACS; 2003 AACS; 2005 AACS; 2008 AACS.

Mich. Admin. Code R 418.10105 Balance billing amounts in excess of fees {#sec-r-418.10105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10105}

Rule 105. The provider shall not bill the injured worker for any amount for health care services, or for late fees incurred, provided for the treatment of a covered injury or illness when the amount is disputed by the carrier pursuant to its utilization review program or when the amount exceeds the maximum allowable payment established by these rules.

History

• History: 1998-2000 AACS; 2003 AACS.

Mich. Admin. Code R 418.10106 Procedure codes; relative value units; other billing information {#sec-r-418.10106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10106}

Rule 106. (1) Upon annual promulgation of R 418.10107, the health care services division of the agency shall provide separate from these rules a manual, tables, and charts containing all of the following information on the agency’s website, www.michigan.gov/leo/bureausagencies/wdca:

(a) All Current Procedural Terminology (CPT®) procedure codes used for billing healthcare services.

(b) Medicine, surgery, and radiology procedures and associated relative value units.

(c) Hospital maximum payment ratios.

(d) Billing forms and instruction for completion.

(2) The procedure codes and standard billing and coding instructions for medicine, surgery, and radiology services are adopted from the most recent publication titled "Current Procedural Terminology (CPT®),” as adopted by reference in R 418.10107. However, billing and coding guidelines published in the CPT codebook do not guarantee reimbursement. A carrier shall only reimburse medical procedures for a work-related injury or illness that are reasonable and necessary and are consistent with accepted medical standards.

(3) The formula and methodology for determining the relative value units is adopted from the “RBRVS DataManager Online” as adopted by reference in R 418.10107, using geographical information for this state. The geographical information, (GPCI), is a melded average using 60% of the figures published for the city of Detroit, added to 40% of the figures published for the rest of this state.

(4) The maximum allowable payment for medicine, surgery, and radiology services is determined by multiplying the relative value unit assigned to the procedure by the conversion factor listed in the reimbursement section, part 10, of these rules.

(5) Procedure codes from "HCPCS 2025 Level II Professional Edition," as adopted by reference in R 418.10107, must be used to describe all the following services:

(a) Ambulance services.

(b) Medical and surgical expendable supplies.

(c) Dental procedures.

(d) Durable medical equipment.

(e) Vision and hearing services.

(f) Home health services.

(6) Medical services are considered by report if a procedure code listed in “HCPCS 2025 Level II Professional Edition” or “Current Procedural Terminology (CPT®) 2025 Professional Edition,” as adopted by reference in R 418.10107, does not have an assigned value.

History

• History: 1998-2000 AACS; 2003 AACS; 2004 AACS; 2014 AACS; 2017 AACS; 2018 AACS; 2019 AACS; 2021 AACS; 2023 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10107 Source documents; adoption by reference {#sec-r-418.10107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10107}

Rule 107. The following documents are adopted by reference in these rules and are available for distribution from the indicated sources, at the cost listed in subdivisions (a) to (h) of this rule:

(a) “Current Procedural Terminology (CPT®) 2025 Professional Edition,” published by the American Medical Association, 330 North Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885, item #EP054125, 1-800-621-8335. The publication may be purchased through the AMA’s website at www.amastore.com. The list price is $137.89 at the time of adoption of these rules. Permission to use this publication is on file in the agency.

(b) "HCPCS 2025 Level II Professional Edition,” published by the American Medical Association, 330 North Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885, item #OP231525, customer service 1-800-621-8335. The publication may be purchased through the AMA’s website at www.amastore.com. The list price is $110.16 at the time of adoption of these rules.

(c) "RBRVS DataManager Online," published by The American Medical Association, 330 North Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885, 1-800-621-8335. The publication may be purchased through the AMA’s website at www.amastore.com. The list price is $320.00 at the time of adoption of these rules.

(d) “International Classification of Diseases, ICD-10-CM 2025: The Complete Official Codebook,” American Medical Association, 330 North Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885, item #OP201425, 1-800-621-8335. The publication may be purchased through the AMA’s website at www.amastore.com. The list price is $118.60 at the time of adoption of these rules.

(e) “International Classification of Diseases, ICD-10-PCS 2025: The Complete Official Codebook,” American Medical Association, 330 North Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885, item #OP201125, 1-800-621-8335. The publication may be purchased through the AMA’s website at www.amastore.com. The list price is $118.60 at the time of adoption of these rules.

(f) Merative™ Micromedex® Red Book® online subscription service of Merative, which can be purchased at https://www.merative.com/contact or from Merative, 100 Phoenix Drive, Ann Arbor, Michigan 48108, 1-844-637-2848.

(g) Medi-Span® Drug Information Database, a part of Wolters Kluwer Health, which can be purchased from https://www.wolterskluwer.com/en/solutions/medi-span or 1-855-633-0577.

(h) "Official UB-04 Data Specifications Manual 2025, July 1, 2024" adopted by the National Uniform Billing Committee, Copyright 2024 American Hospital Association. As of the time of adoption of these rules, the cost of this eBook for a single user is $179.00 and is available at www.nubc.org.

2006 AACS; 2007 AACS; 2008 AACS; 2009 AACS; 2010 AACS; 2012 AACS; 2014 AACS; 2017 AACS; 2018

AACS; 2019 AACS; 2021 AACS; 2023 AACS; 2025 MR 12, Eff. June 4, 2025.

History

• History: 1998-2000 AACS; 2001 AACS; 2002 AACS; 2003 AACS; 2004 AACS; 2005 AACS; 2006 AACS;

Mich. Admin. Code R 418.10108 Definitions; A to I {#sec-r-418.10108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10108}

Rule 108. As used in these rules:

(a) “Acquisition cost” means the provider’s purchase cost established by an invoice detailing the line-item cost to the provider from a manufacturer or wholesaler net of any rebates or discounts.

(b) "Act" means the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

(c) "Adjust" means that a carrier or a carrier's agent reduces a healthcare provider's request for payment to the maximum fee allowed by these rules, to a provider's usual and customary charge, or, when the maximum fee is by report, to a reasonable amount. "Adjust" also means when a carrier re-codes a procedure or reduces payment as a result of professional review.

(d) "Agency" means the workers' disability compensation agency.

(e) “Ambulatory surgical center" (ASC) means an entity that operates exclusively for providing surgical services to patients not requiring hospitalization and has an agreement with the centers for Medicare and Medicaid services (CMS) to participate in Medicare.

(f) "Appropriate care" means healthcare that is suitable for a particular individual, condition, occasion, or place.

(g) “Biologics” or “biologicals” include drugs or other products that are derived from life forms. Biologics are biology-based products used to prevent, diagnose, treat, or cure disease or other conditions in humans and animals. Biologics generally include products such as vaccines, blood, blood components, allergenics, somatic cells, genes, proteins, DNA, tissues, skin substitutes, recombinant therapeutic proteins, microorganisms, antibodies, immunoglobins, and others, including, but not limited to, those that are produced using biotechnology and are made from proteins, genes, antibodies, and nucleic acids.

(h) "BR" or "by report" means that the procedure is not assigned a relative value unit or a maximum fee and requires a written description.

(i) "Carrier" means an organization that transacts the business of workers' compensation insurance in this state and that may be any of the following:

(i) A private insurer.

(ii) A self-insurer.

(iii) One of the funds in chapter 5 of the act, MCL 418.501 to 418.561.

(iv) The Christopher R. Slezak first responder presumed coverage fund.

(j) "Case" means a covered injury or illness that occurs on a specific date and is identified by the worker's name and date of injury or illness.

(k) "Case record" means the complete healthcare record that is maintained by a carrier and pertains to a covered injury or illness that occurs on a specific date.

(l) "Complete procedure" means a procedure that contains a series of steps that are not billed separately.

(m) "Covered injury or illness" means an injury or illness for which treatment is mandated by section 315 of the act, MCL 418.315.

(n) "Current Procedural Terminology (CPT®)" means a listing of descriptive terms and identifying codes and provides a uniform nationally accepted nomenclature for reporting medical services and procedures. The CPT codebook provides instructions for coding and claims processing.

(o) “Custom compound” means a customized topical medication prescribed or ordered by a duly licensed prescriber for the specific patient that is prepared in a pharmacy by a licensed pharmacist in response to a licensed practitioner’s prescription or order, by combining, mixing, or altering of ingredients, but not reconstituting, to meet the unique needs of an individual patient.

(p) "Dispute" means a disagreement between a carrier or a carrier's agent and a healthcare provider on the application of these rules.

(q) "Durable medical equipment" means specialized equipment that is designed to stand repeated use, is used to serve a medical purpose, and is appropriate for home use.

(r) "Emergency condition" means that a delay in treating a patient would lead to a significant increase in the threat to the patient's life or to a body part.

(s) "Established patient" means a patient whose medical and administrative records for a particular covered injury or illness are available to the provider.

(t) "Expendable medical supply" means a disposable article that is needed in quantity on a daily or monthly basis.

(u) "Facility" means an entity licensed by this state pursuant to the public health code, 1978 PA 368, MCL 333.1101 to 333.25211. The office of an individual practitioner is not considered a facility.

(v) "Focused review" means the evaluation of a specific healthcare service or provider to establish patterns of use and dollar expenditures.

(w) "Follow-up days" means the days of care following a surgical procedure that are included in the procedure's maximum allowable payment, but does not include care for complications. The health care services division shall provide the follow-up days for surgical procedures separate from these rules on the agency’s website, www.michigan.gov/leo/bureausagencies/wdca.

(x) "Free standing outpatient facility" (FSOF) means a facility, other than the office of a physician, dentist, podiatrist, or other private practice, offering a surgical procedure and related care that in the opinion of the attending physician can be safely performed without requiring overnight inpatient hospital care.

(y) "Healthcare organization" means a group of practitioners or individuals joined together to provide healthcare services and includes any of the following:

(i) Health maintenance organization.

(ii) Industrial or other clinic.

(iii) Occupational healthcare center.

(iv) Home health agency.

(v) Visiting nurse association.

(vi) Laboratory.

(vii) Medical supply company.

(viii) Community mental health board.

(z)"Healthcare review" means the review of a healthcare case or bill, or both, by a carrier, and includes technical healthcare review and professional healthcare review.

(aa) "Incidental surgery" means a surgery that is performed through the same incision, on the same day, by the same doctor of dental surgery, doctor of medicine, doctor of osteopathy, or doctor of podiatry, that is not related to diagnosis.

(bb) "Independent medical examination" means an examination and evaluation that is requested by a carrier or an employee, that is conducted by a different practitioner than the practitioner who provides care.

(cc) "Industrial medicine clinic," also referred to as an "occupational health clinic," means an organization that primarily treats injured workers. The industrial medicine clinic or occupational health clinic may be a healthcare organization or may be a clinic owned and operated by a hospital for the purposes of treating injured workers.

(dd) "Insured employer” means an employer who purchases workers' compensation insurance from an insurance company that is licensed to write insurance in this state.

History

• History: 2000 AACS; 2001 AACS; 2003 AACS; 2005 AACS; 2010 AACS; 2012 AACS; 2014 AACS; 2017 AACS; 2021 AACS; 2023 AACS.

Mich. Admin. Code R 418.10109 Definitions; M to U {#sec-r-418.10109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10109}

Rule 109. As used in these rules:

(a) "Maximum allowable payment" means the maximum fee for a procedure that is established by these rules, a reasonable amount for a "by report" procedure, or a provider's usual and customary charge, whichever is less.

(b) "Medical only case" means a case that does not involve wage loss compensation.

(c) "Medical rehabilitation" means, to the extent possible, the interruption, control, correction, or amelioration of a medical or a physical problem that causes incapacity through the use of appropriate treatment disciplines and modalities that are designed to achieve the highest possible level of post-injury function and a return to gainful employment.

(d) "Medically accepted standards" means a measure that is set by a competent authority as the rule for evaluating quantity or quality of health care or health care services ensuring that the health care is suitable for a particular person, condition, occasion, or place.

(e) "Morbidity" means the extent of illness, injury, or disability.

(f) "Mortality" means the likelihood of death.

(g) "New patient" means a patient who is new to the provider for a particular covered injury or illness and who needs to have medical and administrative records established.

(h) "Nursing home" means a nursing care facility, including a county medical care facility, created pursuant to section 20109 of the public health code, 1978 PA 368, MCL 333.20109.

(i) “Opioid drugs” as used in these rules, refers to opiate analgesics, narcotic analgesics, or any other Schedule C (II-III) controlled substance as identified in United States Code Controlled Substances Act of 1970, 21. U.S.C. §812. Opioid analgesics are the class of drugs, such as morphine, codeine, and methadone, that have the primary indication for the relief of pain.

(j) "Orthotic equipment" means an orthopedic apparatus that is designed to support, align, prevent, or correct deformities of, or improve the function of, a movable body part.

(k) "Pharmacy" means the place where the science, art, and practice of preparing, preserving, compounding, dispensing, and giving appropriate instruction in the use of drugs is practiced.

(l) "Practitioner" means an individual who is licensed, registered, or certified as used in the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(m) "Primary procedure" means the therapeutic procedure that is most closely related to the principal diagnosis and has the highest assigned relative value unit (RVU).

(n) "Properly submitted bill" means a request by a provider for payment of health care services that is submitted to a carrier on the appropriate completed claim form with attachments as required by these rules.

(o) "Prosthesis" means an artificial substitute for a missing body part. A prosthesis is constructed by a "prosthetist", a person who is skilled in the construction and application of a prosthesis.

(p) "Provider" means a facility, health care organization, or a practitioner.

(q) "Reasonable amount" means a payment based upon the amount generally paid in the state for a particular procedure code using data available from the provider, the carrier, or the workers' compensation agency, health care services division.

(r) "Restorative" means that the patient's function will demonstrate measurable improvement in a reasonable and generally predictable period of time and includes appropriate periodic care to maintain the level of function.

(s) "Secondary procedure" means a surgical procedure that is performed to ameliorate conditions that are found to exist during the performance of a primary surgery and is considered an independent procedure that may not be performed as a part of the primary surgery or for the existing condition.

(t) "Separate procedure" means procedures or services listed in the CPT code set that are commonly carried out as an integral component of a total service or procedure have been identified by the inclusion of a term "separate procedure."

(u) "Specialist" means any of the following entities that are board-certified, boardeligible, or otherwise considered an expert in a particular field of health care by virtue of education, training, and experience generally accepted in that particular field:

(i) A doctor of chiropractic.

(ii) A doctor of dental surgery.

(iii) A doctor of medicine.

(iv) A doctor of optometry.

(v) A doctor of osteopathic medicine and surgery.

(vi) A doctor of podiatric medicine and surgery.

(v) "Subrogation" means substituting 1 creditor for another. An example of subrogation in workers' compensation is when a case is determined to be workers' compensation and the health benefits plan has already paid for the service and is requesting the workers' compensation carrier or the provider to refund the money that the plan paid on behalf of the worker.

(w) "Technical surgical assist" means that additional payment for an assistant surgeon, referenced in R 418.10416, is allowed for certain designated surgical procedures.

(x) “Telemedicine” means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine, the health care professional must be able to examine the patient via a real-time, interactive audio and video telecommunications system, and the patient must be able to interact with the off-site health care professional at the time the services are provided.

(y) "Treatment plan" means a plan of care for restorative physical treatment services that indicates the diagnosis and anticipated goals.

(z) "Usual and customary charge" means a particular provider's average charge for a procedure to all payment sources, and includes itemized charges which were previously billed separately and which are included in the package for that procedure as defined by these rules. A usual and customary charge for a procedure shall be calculated based on data beginning January 1, 2000.

(aa) “Utilization review” means the initial evaluation by a carrier of the appropriateness in terms of both the level and the quality of health care and health services provided an injured employee, based on medically accepted standards.

History

• History: 1998-2000 AACS; 2004 AACS; 2005 AACS; 2009 AACS; 2010 AACS; 2014 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 418.10110 Rescinded {#sec-r-418.10110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10110}

History

• History: 1998-2000 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 418.10111 Advisory committee {#sec-r-418.10111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10111}

Rule 111. The director of the workers' compensation agency shall appoint an advisory committee from names solicited from provider, carrier, and employee organizations. The advisory committee shall include 5 advocates for the concerns of providers, 5 advocates for the concerns of employees, and 5 advocates for the concerns of carriers. The director of the workers' compensation agency shall appoint a sixteenth member to act as chair without a vote.

The advisory committee shall meet not less than twice a year. Additional meetings shall be scheduled if requested by the workers' compensation agency, the chair, or a majority of the committee. Members may be removed by the director of the workers' compensation agency for cause or for missing more than one-half of the meetings in a year. The advisory committee shall perform general program oversight and assist the workers' compensation agency with the following:

(a) Annual review of the rules and the fee schedule.

(b) Development of proposed amendments to the rules and fee schedule, including payment methodologies.

(c) Review of data reports and data analyses.

History

• History: 1998-2000 AACS; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 418.10112 Missed appointment {#sec-r-418.10112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10112}

Rule 112. A provider shall not receive payment for a missed appointment unless the appointment was arranged by the carrier or the employer. If the carrier or employer fails to cancel the appointment not less than 72 hours in advance and the provider is unable to arrange for a substitute appointment for that time, then the provider may bill the carrier for the missed appointment using procedure code 99199 with a maximum fee of BR.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10113 Initial evaluation and management service; medical report other than inpatient hospital care {#sec-r-418.10113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10113}

Rule 113. (1) Except as provided in subrule (2) of this rule, and for other than inpatient hospital care, a provider shall furnish the carrier, at no additional charge, with a medical report for the initial visit, all information pertinent to the covered injury or illness if requested at reasonable intervals, and a progress report for every 60 days of continuous treatment for the same covered injury or illness.

(2) If the provider continues to treat an injured or ill employee for the same covered injury or illness at intervals which exceed 60 days, then the provider shall provide a progress report following each treatment that is at intervals exceeding 60 days.

(3) The medical report of the initial visit and the progress report shall include all of the following information:

(a) Subjective complaints and objective findings, including interpretation of diagnostic tests.

(b) For the medical report of the initial visit, the history of the injury, and for the progress report, significant history since the last submission of a progress report.

(c) The diagnosis.

(d) As of the date of the medical report or progress report, the projected treatment plan, including the type, frequency, and estimated length of treatment.

(e) Physical limitations.

(f) Expected work restrictions and length of time if applicable.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10114 Requests for existing medical records and reports {#sec-r-418.10114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10114}

Rule 114. (1) Nothing in these rules shall preclude a carrier, a carrier's agent, an employee, or an employee's agent from requesting additional existing medical records and reports related to a specific date of injury, in addition to those specified in R 418.10113, or those required for proper submission of a bill from a provider.

(2) If a provider is requested by the carrier to prepare and submit a special written report in addition to the medical records required by R 418.10113, R 418.10203, R 418.10204, and R 418.10901, then the provider shall bill the special report using procedure code 99199-32. For special reports up to 3 pages in length, the carrier shall reimburse the provider at $25.00 PER PAGE.

(a) Complex reports greater than 3 pages in length or record reviews shall be reimbursed on a contractual basis between the carrier and the provider.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10115 Responsibilities of insured employer or self-insurer {#sec-r-418.10115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10115}

Rule 115. (1) An insured employer shall do all of the following:

(a) Promptly file form 100, employer's basic report of injury, to report an injury that results in 7 or more days of disability, specific loss, or death, with the workers' compensation agency and its insurer.

(b) Promptly notify its insurer of the cases that do not result in 7 or more days of disability, specific loss, or death.

(c) Promptly inform the provider of the name and address of its insurer or the designated agent of the insurer to whom health care bills should be sent.

(d) If an insured employer receives a bill, then the insured employer shall promptly transmit the provider's bill and documentation to the insurer or the designated agent of the insurer regarding a related injury or illness.

(2) For the purposes of this rule, a self-insurer shall promptly report all employee workrelated injuries to their designated agent, unless they are self-administered.

(a) Unless self-administered, a self-insurer receiving a bill for a medical service shall forward the bill to their designated agent for processing and shall inform the medical provider of the address where future bills shall be sent.

History

• History: 1998-2000 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 418.10116 Provider responsibilities {#sec-r-418.10116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10116}

Rule 116. (1) When a licensed facility or practitioner licensed in this state treats an injured worker for a compensable work-related injury or illness and bills the workers' compensation carrier, the carrier shall reimburse the licensed provider or facility the maximum allowable payment, or the providers' usual and customary charge, whichever is less, pursuant to these rules. A provider shall do both of the following:

(a) Promptly bill the carrier or the carrier's designated agent after the date of service.

(b) Submit the bill for the medical services provided to treat an injured worker on the proper claim form, to the workers' compensation carrier or the carrier's designated agent and attach the documentation required in part 9 of these rules.

(2) If the provider has not received payment within 30 days of submitting a bill, then the provider shall resubmit the bill to the carrier and add a 3% late fee.

(3) Only the provider shall alter or change in any way the provider’s original bill.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2021 AACS.

Mich. Admin. Code R 418.10117 Carrier responsibilities {#sec-r-418.10117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10117}

Rule 117. (1) The carrier or its designated agent shall assure that a billing form is completed properly before making payment to the licensed provider or licensed facility.

(2) A carrier may designate a third party to receive provider bills on its behalf. If a carrier instructs the provider to send the medical bills directly to the third party, then the 30-day limit of this rule begins when the third party receives the bill. The carrier is responsible for forwarding bills and medical documentation when there is a third party reviewing medical bills for the carrier.

(3) A carrier or designated agent shall make payment of an unadjusted and properly submitted bill within 30 days of receipt of a properly submitted bill or shall add a selfassessed 3% late penalty to the maximum allowable payment or the provider's charge, whichever is less, as required by these rules.

(4) A carrier or designated agent shall record payment decisions on a form entitled “Carrier's Explanation of Benefits" using a format approved by the workers' compensation agency. The carrier or designated agent shall keep a copy of the explanation of benefits and shall send a copy to the provider and to the injured worker. The carrier's explanation of benefits shall list a clear reason for the payment adjustment or amount disputed and shall notify the provider what information is required for additional payment.

(5) A carrier or designated agent shall make payment of an adjusted bill or portion of an adjusted bill within 30 days of receipt of the properly submitted bill. If a carrier or designated agent rejects a bill in its entirety, then the carrier or designated agent shall notify the provider of the rejection within 30 days after receipt of a properly submitted bill.

(6) If a carrier requests the provider to send duplicated copies of the documentation required in part 9 or additional medical records not required by these rules, then the carrier shall reimburse the provider for the copying charges in accord with R 418.10118.

(7) When the carrier has disputed a case and has not issued a copy of the formal notice of dispute to the medical provider, then the carrier's explanation of benefits shall be sent in response to the provider's initial bill. The carriers' explanation of benefits shall serve as notice to the provider that nonpayment of the bill is due to the dispute.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2005 AACS; 2009 AACS; 2019 AACS.

Mich. Admin. Code R 418.10118 Practitioner, facility, and health care organization copying charge for medical records {#sec-r-418.10118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10118}

Rule 118. (1) A practitioner, facility, or health care organization shall, at the request of the carrier, the carrier's agent, the employee, or the employee's agent, furnish copies of the case record for a particular covered injury or illness to the carrier, the carrier's agent, the employee, or the employee's agent. The maximum fee for providing copies shall be 45 cents per page, plus the actual cost of mailing. In addition, an administration charge for the staff's time to retrieve and copy the records shall be paid as follows:0-15 minutes $2.50 Each additional 15 minute increment $2.50The copying and handling charge shall apply to all reports and records, other than the original copy required pursuant to the provisions of R 418.10113, and all other reports required by these rules. The party who requests the records shall pay the copying charge.

(2) The copying charge for each x-ray film requested by the carrier or the carrier's agent shall be reimbursed at $15.00, which includes mailing and handling.

(3) If an agent of a carrier or an employee requests a copy of the case record, then the agent shall indicate the date of injury. Only the records for a specific date of injury covered by the act and these rules are available as specified in subrule (1) of this rule.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.10119 Rescinded {#sec-r-418.10119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10119}

History

• History: 1998-2000 AACS; 2017 AACS.

Mich. Admin. Code R 418.10120 Recovery of payment {#sec-r-418.10120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10120}

Rule 120. (1) Nothing in this rule shall preclude the recovery of payment for services and bills which may later be found to have been medically inappropriate or paid at an amount that is more than the maximum allowable payment.

(2) If the carrier makes a request to the provider for the recovery of a payment within 1 year of the date of payment and includes a statement of the reasons for the request, then the carrier may recover a payment. The carrier may recover a payment made by an employee or the carrier.

(3) Within 30 days of receipt of the carrier's request for recovery of the payment, the provider shall do either of the following:

(a) If the provider is in agreement with the request, then the provider shall refund the payment to the carrier.

(b) If the provider is not in agreement with the request, then the provider shall supply the carrier with a written detailed statement of the reasons for its disagreement, together with a refund of the portion, if any, of the payment that the provider agrees should be refunded.

(4) If the carrier does not accept the reason for disagreement supplied by the provider, then the carrier may file an application for mediation or hearing as provided for in R 418.101303 and R 418.101304. Within 30 days of receipt of the provider's statement of disagreement, the carrier shall file the application for mediation or hearing with the workers' compensation agency and the carrier shall mail a copy to the provider.

(5) If, within 60 days of the carrier's request for recovery of a payment, the carrier does not receive either a full refund of the payment or a statement of disagreement, then, at the option of the carrier, the carrier may do either or both of the following:

(a) File an application for mediation or hearing and mail a copy to the provider.

(b) Reduce the payable amount on the provider's subsequent bills to the extent of the request for recovery of payment.

(6) If, within 30 days of a final order of a magistrate, the appellate commission, or the courts, a provider does not pay in full any refund ordered, then the carrier may reduce the payable amount on the provider's subsequent bills to the extent of the request for recovery of payment.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.10121 Rehabilitation nurse or nurse case manager visits; additional services {#sec-r-418.10121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10121}

Rule 121. (1) If a carrier assigns a rehabilitation nurse or nurse case manager to an injured worker's case, and the carrier requires that the nurse accompany the injured worker to provider visits, then the carrier shall reimburse the provider for the additional time.

(2) The provider may bill the rehabilitation nurse or nurse case manager visit in addition to the evaluation and management service using code RN001. The carrier shall reimburse the provider $25.00 for RN001.

(3) Procedure code RN001 shall be reimbursed at the maximum allowable fee if the provider bills the procedure during the global period for a surgical service.

PART 2. MEDICINE

History

• History: 1998-2000 AACS; 2003 AACS.

Mich. Admin. Code R 418.10201 Rescinded {#sec-r-418.10201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10201}

History

• History: 1998-2000 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10202 Evaluation and management services {#sec-r-418.10202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10202}

Rule 202. (1) The evaluation and management procedure codes from "Current Procedural Terminology, CPT®", as adopted by reference in R 418.10107, shall be used on the bill to describe office visits, hospital visits, and consultations. These services are divided into subcategories of new patient and established patient visits. The services are also classified according to complexity of the services. For the purposes of workers' compensation, a treating practitioner, for each new case or date of injury, shall use a new patient visit to describe the initial visit. A treating physician may not use procedures 99450 or 99455-99456 to bill for services provided to an injured worker. When a practitioner applies a hot or cold pack during the course of the office visit, the carrier is not required to reimburse this as a separate charge.

(2) Minor medical and surgical supplies routinely used by the practitioner or health care organization in the office visit shall not be billed separately. The provider may bill separately for supplies, or other services, over and above those usually incidental to the evaluation and management service using appropriate CPT® or HCPCS procedure codes.

(3) When a specimen is obtained and sent to an outside laboratory, the provider may add 99000 to the bill to describe the handling/conveyance of the specimen. The carrier shall reimburse $5.00 for this service in addition to the evaluation and management service.

(4) Appropriate procedures from "Current Procedural Terminology, CPT®" or the HCPCS Level II codebook, as adopted by reference in R 418.10107, may be billed in addition to the evaluation and management service. If an office visit is performed outside of the provider's normal business hours, the provider may bill the add on procedure code, 99050, describing an office visit performed after hours or on Sundays or holidays and shall be reimbursed $12.00 in addition to the evaluation and management. The carrier shall only reimburse the miscellaneous add-on office procedures when the services are performed outside of the provider's normal hours of business.

(5) A procedure that is normally part of an examination or evaluation shall not be unbundled and billed independently. Range of motion shall not be reimbursed as a separate procedure in addition to the evaluation and management service unless the procedure is medically necessary and appropriate for the injured worker's condition and diagnosis.

(6) The maximum allowable payment for the evaluation and management service shall be determined by multiplying the relative value unit, RVU, assigned to the procedure code, times the conversion factor listed in the reimbursement section of these rules.

(7) The level of an office visit or other outpatient visit for the evaluation and management of a patient is not guaranteed and may change from session to session. The level of service shall be consistent with the type of presenting complaint and supported by documentation in the record.

(8) When a provider bills for an evaluation and management service, a separate drugadministration charge shall not be reimbursed by the carrier, since this is considered a bundled service inclusive with the visit. The drug administration charges may be billed and paid when the evaluation and management service is not performed and billed for a date of service. The provider shall bill the medication separate and be paid pursuant to the reimbursement provisions of these rules. The provider shall use the NDC or national drug code for the specific drug and either 99070, the unlisted drug and supply code or the specific J-code listed in HCPCS to describe the medication administered.

(9) When a provider administers a vaccine during an evaluation and management service, both the vaccine and the administration of the vaccine are billed as separate service in addition to the evaluation and management visit according to language in CPT®. Both the administration of the vaccine and the vaccine shall be reimbursed pursuant to the reimbursement provisions of these rules in addition to the visit.

(10) Procedure code 76140, x-ray consultation, shall not be paid to the provider in addition to the evaluation and management service, to review x-rays taken elsewhere. The carrier shall not pay for review of an x-ray by a practitioner other than the radiologist providing the written report or the practitioner performing the complete radiology procedure.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2004 AACS; 2007 AACS; 2017 AACS; 2021 AACS.

Mich. Admin. Code R 418.10203 Office visit or other outpatient visit for evaluation and management of patient in conjunction with ongoing osteopathic manipulative treatment or chiropractic manipulative treatment {#sec-r-418.10203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10203}

Rule 203. (1) The carrier shall reimburse for the initial evaluation and management examination billed by the provider before initiating chiropractic or osteopathic manipulation.

The carrier shall also reimburse for osteopathic manipulative treatment or chiropractic manipulative treatment if the treatment is initiated on the same date of service.

(2) All of the following provisions apply to ongoing osteopathic manipulative treatment:

(a) Osteopathic manipulative treatment procedure codes include pre-manipulative patient evaluation. The physician may bill a separate evaluation and management service using modifier code -25. The carrier shall only reimburse the service if the documentation provided supports significant change of signs and symptoms or the evaluation of another work related problem not included in the procedure or service that required the encounter. The physician shall document the rationale for the significant other service in the record.

(b) Osteopathic manipulations are to be billed using procedure codes 98925-98929.

(3) All of the following provisions apply to ongoing chiropractic manipulative treatment:

(a) The chiropractic manipulative treatment codes include a pre-manipulation patient evaluation. The provider may report a separate evaluation and management service using modifier -25 to designate a separate identifiable service. The carrier shall reimburse the evaluation and management service only when the provider documents significant change of signs and symptoms or the evaluation of another work related problem not included in the procedure or service that required the encounter. The provider shall document the rationale for the significant other service in the record. (b) The carrier shall reimburse chiropractic manipulative treatment when the provider bills the service with procedure codes 98940-98942.

(4) If either a doctor of osteopathy or a doctor of chiropractic, conducts a periodic reevaluation, then a report of the evaluation shall accompany the bill. A periodic re-evaluation report shall include all of the following information:

(a) A description of the evaluation of function in measurable terms based on physical findings and problem identification.

(b) A goal statement.

(c) A treatment plan.

(d) Physical and functional improvement in measurable terms that has occurred in relationship to the diagnosis for which the treatment was prescribed.

(e) The likelihood of continued improvement if treatment is continued.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10204 Office visit or other outpatient visit; evaluation and management of patient's progress in physical treatment {#sec-r-418.10204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10204}

Rule 204. (1) An office visit or other outpatient visit for the evaluation and management of a patient's progress in physical treatment shall only be billed when there is a change of signs or symptoms and when the referring or treating practitioner provides supporting documentation as described in subrule (2) of this rule. The supporting documentation shall indicate that it is medically appropriate for the practitioner to make the evaluation. (2) Documentation shall include the referring or treating practitioner's statement that an office visit was medically necessary. In addition, a report shall state that an examination was conducted and shall set forth the specific findings by the practitioner, including all of the following:

(a) A description of the evaluation of function in measurable terms based on physical findings and problem identification.

(b) A goal statement.

(c) A treatment plan.

(d) Physical and functional improvement in measurable terms that has occurred in relationship to the diagnosis for which physical medicine treatment was prescribed.

(e) The likelihood of continued improvement if physical medicine treatment were continued.

(3) The report required pursuant to subrule (2) of this rule may be used to meet the reporting requirements of physical medicine services provided in these rules.

(4) The office visit or other outpatient visit for the evaluation and management of a patient shall include the evaluation procedures that are appropriate to the diagnosis.

(5) Nothing in this rule pertains to office visits or other outpatient visits for the evaluation and management of a patient that are not related to physical treatment.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10205 Consultation services {#sec-r-418.10205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10205}

Rule 205. (1) An attending physician, carrier, third-party administrator, or the injured worker may request a consultation. Procedure codes 99242 to 99245 and 99252 to 99255 must not be used for consultation examinations. Providers shall use the evaluation code that most accurately reflects the service rendered.

(2) If a specialist performs diagnostic procedures or testing in addition to the evaluation, the specialist shall bill the appropriate procedure code from the CPT® codebook. The carrier shall reimburse the testing procedures in accordance with these rules.

History

• History: 2000 AACS; 2002 AACS; 2010 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10206 Rescinded {#sec-r-418.10206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10206}

History

• History: 1998-2000 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10207 Mental health services {#sec-r-418.10207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10207}

Rule 207. (1) A psychiatrist only, shall use procedure code 90792 to describe a psychiatric diagnostic evaluation with medical services, or shall use a new patient evaluation and management code instead of 90792 to describe a psychiatric diagnostic evaluation. A psychologist shall use procedure code 90791 to describe a diagnostic evaluation without medical services. Procedure codes 90791 and 90792 shall not be reported on the same day as a psychotherapy or evaluation and management service procedure code.

(2) A psychiatrist only, shall use add on procedure codes 90833, 90836 and 90838, which shall be reported in conjunction with an evaluation and management services code.

(3) An individual performing psychological testing shall report the services using procedure codes 96105-96146.

(4) Mental health providers shall use the following modifiers to describe the practitioner providing the health services:

(a) -AH, for services provided by a licensed psychologist.

(b) -AL, for services provided by a limited licensed psychologist.

(c) -AJ, for services provided by a certified social worker.

(d) -LC, for services provided by a licensed professional counselor.

(e) -CS, for services provided by a limited licensed counselor.

(f) -MF, for services provided by a licensed marriage and family therapist.

(g) -ML, for services provided by a limited licensed marriage and family therapist

History

• History: 2000 AACS; 2001 AACS; 2014 AACS; 2018 AACS; 2021 AACS.

Mich. Admin. Code R 418.10208 Vision services {#sec-r-418.10208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10208}

Rule 208. (1) A medical diagnostic eye evaluation by a practitioner is an integral part of all vision services.

(2) Intermediate and comprehensive ophthalmological services include medical diagnostic eye evaluation and services, such as slit lamp examination, keratometry, ophthalmoscopy, retinoscopy, tonometry, or motor evaluation. These procedures shall not be billed in conjunction with procedure codes 92002, 92004, 92012, and 92014.

(3) Only an ophthalmologist or a doctor of optometry shall use procedure codes 92002, 92004, 92012, and 92014.

(4) An employer is not required to reimburse or cause to be reimbursed charges for an optometric service unless that service is included in the definition of practice of optometry under section 17401 of the public health code, 1978 PA 368, MCL 333.17401, as of May 20, 1992.

(5) Suppliers of vision and prosthetic optical procedures shall use the appropriate procedure code V0000-V2999 listed in the HCPCS Level II codebook, as adopted by reference in 418.10107, to describe services provided.

(6) Payment shall be made as follows for the following vision CPT codes:

(a) $50.00 for V2744, V2750, and V2760.

(b) $25.00 for V2715.

(c) $160.00 for V2020.

History

• History: 1998-2000 AACS; 2012 AACS; 2018 AACS; 2021 AACS.

Mich. Admin. Code R 418.10209 Hearing services {#sec-r-418.10209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10209}

Rule 209. (1) A provider performing a comprehensive otorhinolaryngologic evaluation shall report the service using the appropriate evaluation and management service.

(2) A provider shall not report an otoscope, a rhinoscopy, or a tuning fork test in addition to a comprehensive ear evaluation or office visit.

(3) A provider performing special otorhinolaryngologic procedures, in addition to the evaluation, shall report those services using procedure codes 92502-92700.

(4) An audiologist, speech therapist, and a speech and hearing center shall use appropriate procedure codes from “Current Procedural Terminology, (CPT®)” or the HCPCS Level II codebook, as adopted by reference in R 418.10107, to describe services provided.

(5) Hearing aid suppliers shall use the appropriate procedure code listed in the HCPCS Level II codebook, as adopted by reference in R 418.10107 to describe services provided.

(6) When requesting payment for hearing aids a minimum of 2 comparable written quotations shall be required for hearing aids that exceed $1,500 per hearing aid, including related services such as orientation, fitting, ear molds, support, adjustment, conformity check, batteries, warranties and follow-up. Only a single price quotation shall be required for hearing aids, including related services, that cost $1,500 or less per hearing aid.

History

• History: 1998-2000 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 418.10212 Physical and occupational therapy; physical medicine services; physical treatment {#sec-r-418.10212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10212}

Rule 212. (1) For the purposes of workers' compensation, physical medicine services, procedure codes 97010-97799, shall be referred to as "physical treatment" when the services are provided by a practitioner other than a physical therapist or an occupational therapist.

Physical therapy means physical treatment provided by a licensed physical therapist.

Occupational therapy means physical treatment provided by an occupational therapist.

(2) Physical medicine services shall be restorative. If documentation does not support the restorative nature of the treatment, then the service shall not be reimbursed.

(3) Any of the following may provide physical treatment, to the extent that licensure, registration, or certification law allows:

(a) A doctor of medicine.

(b) A doctor of osteopathic medicine and surgery.

(c) A doctor of dental surgery.

(d) A doctor of chiropractic.

(e) A doctor of podiatric medicine and surgery.

(f) A physical therapist.

(g) An occupational therapist.

(4) Only a licensed physical therapist, licensed occupational therapist, or licensed practitioner may use procedure codes 97161-97168 to describe the physical medicine and rehabilitation evaluation services. Job-site evaluations may be paid to a licensed occupational therapist, a licensed physical therapist, or a physician. Job-site evaluations for workers' compensation are by report and are described on the bill using codes WC500- WC600.

(5) If a practitioner performs and bills for physical treatment, then the practitioner shall do all of the following:

(a) Perform an initial evaluation.

(b) Develop a treatment plan.

(c) Modify the treatment as necessary.

(d) Perform a discharge evaluation. The practitioner shall provide the carrier with an initial evaluation and a progress report every 30 calendar days and at discharge. Documentation requirements are the same as the requirements in R 418.10204(2).

(6) A provider shall report procedure code 97750 to describe a functional capacity evaluation. The carrier shall reimburse a maximum of 24 units or 6 hours for the initial evaluation. Not more than 4 additional units shall be billed for a re-evaluation occurring within 2 months.

(7) Physical medicine modalities are those agents applied to produce therapeutic changes to tissue and include, but are not limited to, thermal, acoustic, light, mechanical, or electric energy. Both of the following apply:

(a) Supervised modalities include procedure codes 97010-97028. These codes do not require direct 1-on-1 patient contact by the provider. These modalities shall be performed in conjunction with a therapeutic procedure including manipulative services or the modalities shall not be reimbursed.

(b) Constant attendance modalities are those procedure codes 97032-97039 that require direct 1-on-1 patient contact by the provider.

(8) Therapeutic procedure codes 97110-97546 are procedures that effect change through the application of clinical skills and services that attempt to improve function. The physician or therapist shall have direct 1-on-1 patient contact.

(9) The following provisions apply to the listed modality services:

(a) Whirlpool shall only be reimbursed when done for debridement or as part of a restorative physical treatment program.

(b) Procedure 97010 is a bundled procedure code and shall not be reimbursed separately.

(c) Not more than 1 deep heat procedure shall be billed on the same date of service for the same diagnosis. Deep heat procedures include diathermy, microwave, ultrasound, and phonophoresis.

(d) Phonophoresis shall be billed using procedure code 97035 with modifier code -22 and shall be reimbursed at the same rate as procedure code 97035, plus $2.00 for the active ingredient used in the process.

(e) Iontophoresis shall include the solution, medication, and the electrodes.

(f) Electrical stimulation shall include the electrodes.

(g) Procedure codes 97032, 97033, and 97035 shall not be reimbursed to a doctor of chiropractic.

(h) Fluidotherapy, a dry whirlpool treatment, shall be reported using code 97022.

History

• History: 1998-2000 AACS; 2006 AACS; 2009 AACS; 2010 AACS; 2018 AACS.

Mich. Admin. Code R 418.10213 Rescinded {#sec-r-418.10213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10213}

History

• History: 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 418.10214 Orthotic and prosthetic equipment {#sec-r-418.10214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10214}

Rule 214. (1) A copy of a prescription by 1 of the following is required for prosthetic and orthotic equipment:

(a) A doctor of medicine.

(b) A doctor of osteopathic medicine and surgery.

(c) A doctor of chiropractic.

(d) A doctor of podiatric medicine and surgery.

(2) Orthotic equipment may be any of the following:

(a) Custom-fit.

(b) Custom-fabricated.

(c) Non-custom supply that is prefabricated or off-the-shelf.

(3) A non-custom supply shall be billed using procedure code 99070, appropriate L-codes or A4570 for a prefabricated orthosis.

(4) An orthotist or prosthetist that is certified by the American board for certification in orthotics and prosthetics shall bill orthosis and prostheses that are custom-fabricated, molded to the patient, or molded to a patient model. Licensed physical and licensed occupational therapists may bill orthoses using L-codes within their discipline's scope of practice. In addition, a doctor of podiatric medicine and surgery may bill for a custom fabricated or custom-fit, or molded patient model foot orthosis using procedure codes L3000-L3649.

(5) If a licensed occupational therapist or licensed physical therapist constructs an extremity orthosis that is not adequately described by another L-code, then the therapist shall bill the service using an unlisted or “not otherwise specified” L-code.The carrier shall reimburse this code as a "by report" or "BR" procedure. The provider shall include the following information with the bill:

(a) A description of the orthosis.

(b) The time taken to construct or modify the orthosis.

(c) The charge for materials, if applicable.

(6) L-code procedures shall include fitting and adjustment of the equipment.

(7) The health care services division shall provide the maximum allowable payments for Lcode procedures separate from these rules on the agency’s website, www.michigan.gov/wca. If an L-code procedure does not have an assigned maximum allowable payment, then the procedure shall be by report, "BR."

(8) A provider may not bill more than 4 dynamic prosthetic test sockets without documentation of medical necessity. If the physician's prescription or medical condition requires utilization of more than 4 test sockets, then a report shall be included with the bill that outlines a detailed description of the medical condition or circumstances that necessitate each additional test socket provided.

PART 4. SURGERY

History

• History: 2000 AACS; 2004 AACS; 2009 AACS; 2010 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 418.10401 Global surgical procedure; services included {#sec-r-418.10401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10401}

Rule 401. (1) The surgical procedures in the CPT code set as adopted in R 418.10107 always include the following list of specific services in addition to the surgical procedure.

(a) Local infiltration, metacarpal/metatarsal/digital block or topical anesthesia.

(b) Subsequent to the decision for surgery, 1 related evaluation and management encounter on the date immediately prior to or on the date of the procedure is included. However, when an initial evaluation and management encounter occurs and a decision for surgery is made at that encounter, the evaluation and management service is payable in addition to the surgical procedure.

(c) Immediate postoperative care, including dictating operative notes, talking with the family and other physicians.

(d) Writing postoperative surgical orders in the patient's chart and dictating an operative report.

(e) Evaluating the patient in the postanesthesia recovery area.

(f) Typical, routine, normal postoperative follow-up care, including suture removal, during the global period. The global period or follow-up days shall be provided separate from the rules on the agency website, www.michigan.gov/wca.

(2) Intra-operative procedures required to perform the surgical service shall not be billed separately.

History

• History: 1998-2000 AACS; 2007 AACS; 2014 AACS.

Mich. Admin. Code R 418.10403 Complication, exacerbation, recurrence, or presence of other disease or injury {#sec-r-418.10403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10403}

Rule 403. (1) If a complication, exacerbation, recurrence, or the presence of other disease or injury exists that requires additional services, then the services shall be reported and identified by the appropriate procedure code.

(2) Reimbursement shall only be made for services related to, or resulting from, the covered work injury.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10404 Follow-up care occurring during global service {#sec-r-418.10404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10404}

Rule 404. (1) Follow-up care for a diagnostic procedure must refer only to the days required to recover from the diagnostic procedure and not the treatment of the underlying condition.

(2) Follow-up care for therapeutic surgical procedures includes only that care that is usually part of the surgical service. Complications, exacerbations, recurrence, or the presence of other compensable diseases or injuries requiring additional services must be reported with the identification of appropriate procedures. The follow-up days for the surgical procedures are adopted from the “RBRVS DataManager Online” as referenced in R 418.10107. The follow-up days for each surgical procedure are provided separate from these rules on the agency’s website, https://www.michigan.gov/leo/bureaus-agencies/wdca. All of the following apply to the global service provider:

(a) If a carrier requests the surgeon to see an injured worker during the global service period for the purpose of job restrictions, job adjustments, or return to work, the visit is not considered part of the global surgery package. If the carrier requests the visit, the carrier shall prior authorize the visit by assigning an authorization number. The provider shall bill the visit using procedure code 99455 and modifier -32, including the authorization number in box 23 of the CMS 1500 claim form. The carrier shall not deny a prior authorized visit and shall reimburse the provider for the prior authorized visit. The maximum allowable payment for procedure code 99455-32 must be listed in the manual published separate from these rules.

(b) The medical record must reflect job adjustments, job restrictions or limitations, or return to work date, and the provider shall include the medical record with the bill.

(c) If an insured employer requests the surgeon to see an injured worker during the global surgery period for the purpose of job adjustments, restrictions, or return to work, the employer shall obtain the prior authorization number from the carrier for the visit.

(3) Hospital follow-up care or a hospital visit by the practitioner responsible for the surgery is considered part of the surgical follow-up days listed for the procedure and is not paid as an independent procedure.

History

• History: 1998-2000 AACS; 2001 AACS; 2005 AACS; 2007 AACS; 2014 AACS; 2018 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10405 Rescinded {#sec-r-418.10405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10405}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10406 Rescinded {#sec-r-418.10406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10406}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10407 Rescinded {#sec-r-418.10407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10407}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10410 Incidental surgeries {#sec-r-418.10410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10410}

Rule 410. The carrier shall not pay a bill for an incidental surgery which is not part of the primary procedure performed, and for which there is no diagnostic evidence or relationship to the covered work injury.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10411 Rescinded {#sec-r-418.10411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10411}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10415 Rescinded {#sec-r-418.10415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10415}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10416 Assistant surgeon {#sec-r-418.10416 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10416}

Rule 416. (1) The carrier shall reimburse for an assistant surgeon service for those surgical procedures designated by CMS as allowing additional reimbursement for a surgical assistant. The surgical procedures allowing reimbursement for an assistant surgeon shall be provided separate from these rules on the agency website, www.michigan.gov/wca.

(2) Any of the following may bill assistant surgeon services using modifier -80:

(a) A doctor of dental surgery.

(b) A doctor of osteopathy.

(c) A doctor of medicine.

(d) A doctor of podiatry.

(3) A physician's assistant or an advanced practice nurse with a specialty licensure certification issued by the state may bill assistant surgeon services using modifier -81.

History

• History: 1998-2000 AACS; 2007 AACS; 2018 AACS.

Mich. Admin. Code R 418.10417 Ophthalmological surgical procedures {#sec-r-418.10417 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10417}

Rule 417. Ophthalmological surgical procedure codes for the removal of a foreign body include topical anesthesia, fluorescein staining, and lavage.

PART 5. RADIOLOGY, RADIATION THERAPY, AND NUCLEAR MEDICINE

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.10501 Rescinded {#sec-r-418.10501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10501}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10502 Rescinded {#sec-r-418.10502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10502}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10503 Rescinded {#sec-r-418.10503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10503}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10504 Multiple procedure policy for radiology procedures {#sec-r-418.10504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10504}

Rule 504. (1) A multiple procedure payment reduction shall apply to specified radiology procedures when performed in a freestanding radiology office, a non-hospital facility, or a physician's office or clinic. The primary procedure, identified by the code with the highest relative value, shall be paid at 100% of the maximum allowable payment. If the provider's charge is less than the maximum allowable payment, then the service shall be paid at 100% of the provider's charge.

(2) The multiple procedure payment reduction shall apply when multiple radiological diagnostic imaging procedures are furnished to the same patient, on the same day, in the same session, by the same physician or group practice that has the same national provider identifier.

The agency shall publish in a manual separate from these rules a table listing the diagnostic imaging CPT codes subject to the multiple procedure payment reduction. When more than 1 procedure from the table is furnished to the same patient, on the same day, in the same session, by the same physician or group practice, the procedure with the highest relative value is paid at 100% of the maximum allowable payment. Each additional procedure shall have modifier -51 appended and the technical component shall be reduced to 50% of the maximum allowable payment, or the provider's charge, whichever is less, and the professional component shall be reduced to 75% of the maximum allowable payment, or the provider’s charge, whichever is less.

History

• History: 2007 AACS; 2008 AACS; 2014 AACS.

Mich. Admin. Code R 418.10505 Multiple procedure policy for specific nuclear medicine procedures {#sec-r-418.10505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10505}

Rule 505. (1) The multiple procedure reduction and the use of modifier -51 shall apply to the complete procedure, the technical component, and the professional component, when multiples of the following nuclear medicine diagnostic procedure codes are performed: 78306, 78320, 78802, 78803, 78806, and 78807.

(2) When the procedures listed in subrule (1) of this rule are performed in a hospital setting, the hospital is reimbursed by the cost-to-charge methodology and the multiple payment rule shall apply to the professional component billed by the radiologist.

(3) When the services are performed in an office, clinic, or freestanding radiology office, the reduction shall be applied to the complete procedure.

PART 7. DENTAL

History

• History: 2007 AACS; 2017 AACS.

Mich. Admin. Code R 418.10701 Scope {#sec-r-418.10701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10701}

Rule 701. (1) Dental services, related to, or resulting from, a covered work-related injury are covered under these rules. Incidental dental services are not covered.

(2) A dental provider shall bill services on a standard American dental claim form. The workers' compensation agency shall provide a copy of the claim form and instructions for completion separate from these rules in the health care services manual on the agency’s website at www.michigan.gov/wca.

(3) Dental services shall be reimbursed at either the dentist's usual and customary fee or reasonable fee, whichever is less.

PART 9. BILLING

SUBPART A. PRACTITIONER BILLING

History

• History: 2000 AACS; 2005 AACS; 2014 AACS.

Mich. Admin. Code R 418.10901 General information {#sec-r-418.10901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10901}

Rule 901. (1) All health care practitioners and health care organizations, as defined in these rules, shall submit charges on the proper claim form as specified in this rule. Copies of the claim forms and instructions for completion for each form must be provided separate from these rules in a manual on the agency’s website at https://www.michigan.gov/leo/bureaus-agencies/wdca.

Charges must be submitted as follows:

(a) A practitioner shall submit charges on the CMS1500 claim form.

(b) A doctor of dentistry shall submit charges on a standard dental claim form approved by the American Dental Association.

(c) A pharmacy, other than an inpatient hospital, shall submit charges on an invoice or an NCPDP workers compensation/property & casualty universal claim form.

(d) A hospital-owned occupational or industrial clinic, or office practice shall submit charges on the CMS 1500 claim form.

(e) A hospital billing for a practitioner service shall submit charges on a CMS 1500 claim form.

(f) Ancillary service charges must be submitted on the CMS 1500 claim form for durable medical equipment and supplies, L-code procedures, ambulance, vision, and hearing services.

Charges for home health services must be submitted on the UB-04 claim form.

(g) A shoe supplier or wig supplier shall submit charges on an invoice.

(2) A provider shall submit all bills to the carrier within 1 year after the date of service for consideration of payment, except in cases of litigation or subrogation.

(3) A properly submitted bill must include all the following appropriate documentation:

(a) A copy of the medical report for the initial visit.

(b) An updated progress report if treatment exceeds 60 days.

(c) A copy of the initial evaluation and a progress report every 30 days of physical treatment, physical or occupational therapy, or manipulation services.

(d) A copy of the operative report or office report if billing surgical procedure codes 10004-69990.

(e) A copy of the anesthesia record if billing anesthesia codes 00100 to 01999.

(f) A copy of the radiology report if submitting a bill for a radiology service accompanied by modifier -26. The carrier shall only reimburse the radiologist for the written report, or professional component, on receipt of a bill for the radiology procedure.

(g) A report describing the service if submitting a bill for a by report procedure.

(h) A copy of the medical report if a modifier is applied to a procedure code to explain unusual billing circumstances.

(4) A health care professional billing for telemedicine services shall utilize procedure codes 97161 to 97168, or those listed in Appendix P of the CPT® codebook, as adopted by reference in R 418.10107, excluding CPT® codes 99242 to 99245 and 99252 to 99255. The provider shall append modifier -95 to the procedure code to indicate synchronous telemedicine services rendered via a real-time interactive audio and video telecommunications system with place of service code -02 or -10. All other applicable modifiers must be appended in addition to modifier -95.

History

• History: 2000 AACS; 2002 AACS; 2004 AACS; 2005 AACS; 2008 AACS; 2014 AACS; 2017 AACS; 2019 AACS; 2021 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10902 Billing for injectable medications, other than vaccines and toxoids, in office setting {#sec-r-418.10902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10902}

Rule 902. (1) The provider shall not bill the carrier for administration of therapeutic injections when billing an evaluation and management procedure code. If an evaluation and management procedure code is not listed, then the appropriate medication administration procedure code may be billed.

(2) The medication being administered shall be billed with either the unlisted drug and supply code from the CPT code set or the specific J-code procedure from the HCPCS Level II codebook, as adopted by reference in R 418.10107.

(3) The provider shall list the NDC number for the medication in the upper shaded portion of box 24 of the CMS 1500.

(4) The carrier shall reimburse the medication at average wholesale price (AWP) minus 10%, as determined by Red Book or Medi-Span, as adopted by reference in R 418.10107. No dispense fee shall be billed for injectable medications administered in the office setting.

(5) If the provider does not list the national drug code for the medication, the carrier shall reimburse the medication using the least costly NDC number by Red Book or Medi-Span for that medication.

History

• History: 2003 AACS; 2005 AACS; 2007 AACS; 2008 AACS; 2014 AACS; 2019 AACS.

Mich. Admin. Code R 418.10902a Billing for vaccines and toxoids in office setting {#sec-r-418.10902a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10902a}

Rule 902a. (1) When a provider administers a vaccine or toxoid in the office setting, both the vaccine and toxoid shall be billed as separate services. If a significantly separate evaluation and management service is performed, the appropriate evaluation and management service code shall be reported in addition to the vaccine or toxoid administration code pursuant to CPT codebook guidelines, as adopted by reference in R 418.10107.

(2) The vaccine or toxoid being administered and the administration of the vaccine or toxoid shall be billed using the applicable CPT procedure codes pursuant to CPT codebook guidelines, as adopted by reference in R 418.10107.

(3) The provider shall list the NDC number for the vaccine or toxoid in the upper shaded portion of box 24 of the CMS 1500.

(4) The carrier shall reimburse the vaccine or toxoid at the average wholesale price (AWP) minus 10%, as determined by Red Book or Medi-Span, as adopted by reference in R 418.10107.

No dispensing fee shall be billed for vaccines or toxoids administered in the office setting.

(5) If the provider does not list the NDC number for the vaccine or toxoid, the carrier shall reimburse the vaccine or toxoid using the least costly NDC number listed by Red Book or Medi- Span for that vaccine or toxoid.

History

• History: 2014 AACS.

Mich. Admin. Code R 418.10904 Procedure codes and modifiers {#sec-r-418.10904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10904}

Rule 904. (1) A healthcare service must be billed with procedure codes adopted from "Current Procedural Terminology (CPT®) 2025 Professional Edition" or "HCPCS 2025 Level II Professional Edition," as referenced in R 418.10107. Procedure codes from the CPT® code set are not included in these rules but are provided on the agency’s website at www.michigan.gov/leo/bureaus-agencies/wdca. Refer to "Current Procedural Terminology (CPT®) 2025 Professional Edition," as referenced in R 418.10107, for standard billing instructions, except where otherwise noted in these rules. A provider billing services described with procedure codes from "HCPCS 2025 Level II Professional Edition" shall refer to the publication as adopted by reference in R 418.10107, for coding information.

(2) The following ancillary service providers shall bill codes from "HCPCS 2025 Level II Professional Edition," as adopted by reference in R 418.10107, to describe the ancillary services:

(a) Ambulance providers.

(b) Certified orthotists and prosthetists.

(c) Medical suppliers, including expendable and durable equipment.

(d) Hearing aid vendors and suppliers of prosthetic eye equipment.

(e) A home health agency.

(3) If a practitioner performs a procedure that cannot be described by 1 of the codes listed in the most recent publication titled “Current Procedural Terminology (CPT®)” or “HCPCS Level II,” as adopted in R 418.10107, the practitioner shall bill the unlisted procedure code. An unlisted procedure code must only be reimbursed when the service cannot be properly described with a listed code and the documentation supporting medical necessity includes all the following:

(a) Description of the service.

(b) Documentation of the time, effort, and equipment necessary to provide the care.

(c) Complexity of symptoms.

(d) Pertinent physical findings.

(e) Diagnosis.

(f) Treatment plan.

(4) The provider shall add a modifier code, found in Appendix A of the CPT® codebook, as adopted by reference in R 418.10107, following the correct procedure code describing unusual circumstances arising in the treatment of a covered injury or illness. When a modifier code is applied to describe a procedure, a report describing the unusual circumstances must be included with the charges submitted to the carrier.

(5) Applicable modifiers from table 10904 must be added to the procedure code to describe the type of practitioner performing the service. The required modifier codes for describing the practitioner are as follows:

Table 10904 Modifier Codes (a) AA: When anesthesia services are performed personally by the anesthesiologist.

(b) AD: When an anesthesiologist provides medical supervision for more than 4 qualified individuals, being either certified registered nurse anesthetists, certified anesthesiologist assistants, or anesthesiology residents.

(c) AH: When a licensed psychologist bills a diagnostic service or a therapeutic service, or both.

(d) AJ: When a certified social worker bills a therapeutic service.

(e) AL: When a limited license psychologist bills a diagnostic service or a therapeutic service.

(f) CO: When occupational therapy services are furnished in whole or in part by an occupational therapy assistant.

(g) CQ: When physical therapy services are furnished in whole or in part by a physical therapy assistant.

(h) CS: When a limited licensed counselor bills for a therapeutic service.

(i) GF: When a non-physician, such as a nurse practitioner, advanced practice nurse, or physician assistant, provides services.

(j) LC: When a licensed professional counselor performs a therapeutic service.

(k) MF: When a licensed marriage and family therapist performs a therapeutic service.

(l) ML: When a limited licensed marriage and family therapist performs a service.

(m) TC: When billing for the technical component of a radiology service.

(n) QK: When an anesthesiologist provides medical direction for not more than 4 qualified individuals, being either certified registered nurse anesthetists, certified anesthesiologist assistants, or anesthesiology residents.

(o) QX: When a certified registered nurse anesthetist or certified anesthesiologist assistant performs a service under the medical direction of an anesthesiologist.

(p) QZ: When a certified registered nurse anesthetist performs anesthesia services without medical direction.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2005 AACS; 2014 AACS; 2015 AACS; 2017 AACS; 2018 AACS; 2019 AACS; 2021 AACS; 2023 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10905 Billing for physical and occupational therapy {#sec-r-418.10905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10905}

Rule 905. (1) A physical or occupational therapist shall bill procedure codes 97010- 97799. A licensed occupational therapist or licensed physical therapist in independent practice shall place his or her signature and license or certification number on the bill.

(2) Only a physician, licensed occupational therapist or a licensed physical therapist shall bill for job site evaluation or treatment. The reimbursement for these procedures shall be contractual between the carrier and provider and shall be billed as listed in the following table: Code Descriptor WC500 Job site evaluation; patient specific, initial 60 minutes WC505 each additional 30 minutes, by contractual agreement WC550 Job site treatment; patient specific, initial 60 minutes WC555 each additional 30 minutes, by contractual agreement WC600 Mileage for job site evaluation or job site treatment per mile.

(3) Procedures 97760 and 97761 shall only be reimbursed when billed by a licensed occupational or licensed physical therapist.

(4) Only a licensed physical or occupational therapist shall bill for work hardening services, "by report" or "BR," procedure codes 97545 and 97546.

History

• History: 2000 AACS; 2009 AACS; 2010 AACS; 2018 AACS.

Mich. Admin. Code R 418.10907 Rescinded {#sec-r-418.10907 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10907}

History

• History: 2000 AACS; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 418.10909 Billing for home health services {#sec-r-418.10909 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10909}

Rule 909. (1) Services provided by a home health agency are considered ancillary services requiring a written prescription by a licensed practitioner certifying medical necessity. A copy of the prescription shall be attached to the bill.

(2) A home health agency shall submit charges to the workers' compensation carrier using the UB-04 claim form.

(3) A home health agency shall use procedure codes from the HCPCS Level II codebook, as adopted by reference in R 418.10107 to identify services provided.

(4) A home health agency shall not bill for the services of a social worker unless the certified social worker is providing medically necessary therapeutic counseling.

(5) A home health agency may bill supplies with 99070, the unlisted CPT® code for miscellaneous supplies, or the appropriate supply code from the HCPCS Level II codebook as adopted by reference in R 418.10107.

(6) When a procedure code is described by the HCPCS Level II codebook as per diem, the "by report" service is reimbursed per visit. When the HCPCS Level II codebook describes a service as time-based the service is "by report," and the procedure is reimbursed according to the time provided.

History

• History: 2002 AACS; 2008 AACS; 2017 AACS; 2018 AACS.

Mich. Admin. Code R 418.10911 Billing requirements for ancillary services {#sec-r-418.10911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10911}

Rule 911. (1) A bill for the following ancillary services shall include a copy of a written prescription by a licensed practitioner. Documentation of a prescription drug or medical supply in the clinical record shall constitute the prescription for services dispensed in a practitioner's office or in a health care organization.

(a) Prescription medications.

(b) Medical supplies and equipment, except when dispensed by a facility or health care organization.

(c) Hearing aids, shoes, and wigs.

(d) Home health services.

(e) Orthoses and prostheses.

(f) Physical and occupational therapy.

History

• History: 2000 AACS.

Mich. Admin. Code R 418.10912 Billing for prescription medications {#sec-r-418.10912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10912}

Rule 912. (1) Prescription drugs may be dispensed to an injured worker by either an outpatient pharmacy or a healthcare organization. These rules apply to the pharmacy dispensing the prescription drugs to an injured worker only after the pharmacy has either written or oral confirmation from the carrier that the prescriptions or supplies are covered by workers' compensation insurance.

(2) When a generic drug exists, the generic drug must be dispensed. When a generic drug does not exist, the brand name drug may be dispensed. A physician may only write a prescription for "DAW," or dispense as written, when the generic drug has been utilized and found to be ineffective or has caused adverse effects for the injured worker. A copy of the medical record documenting the medical necessity for the brand name drug must be submitted to the carrier.

(3) A bill or receipt for a prescription drug from an outpatient pharmacy, practitioner, or healthcare organization must be submitted to the carrier and include the name, address, and Social Security number of the injured worker. An outpatient pharmacy shall bill the service using the National Council for Prescription Drug Program (NCPDP) Workers’ Compensation/Property & Casualty Universal Claim Form or an invoice and include either the pharmacy’s NPI or NCPDP number, and the NDC of the prescription drug.

(4) A healthcare organization or physician office dispensing the prescription drug shall bill the service on the CMS 1500 claim form. Procedure code 99070 must be used to code the service and the national drug code must be used to describe the drug.

(5) If an injured worker has paid for a prescription drug for a covered work illness, then the worker may send a receipt showing payment, along with the drug information, to the carrier for reimbursement.

(6) An outpatient pharmacy or healthcare organization shall include all of the following information when submitting a bill for a prescription drug to the carrier:

(a) The brand or chemical name of the drug dispensed.

(b) The NDC number from Red Book or Medi-Span, as adopted by reference in R 418.10107.

(c) The dosage, strength, and quantity dispensed.

(d) The date the drug was dispensed.

(e) The physician prescribing the drug.

(7) A practitioner or a healthcare organization, other than an inpatient hospital, shall bill a dispense fee for each prescription drug. A provider shall only be reimbursed for 1 dispense fee for each prescription drug in a 10-day period. A dispense fee must not be billed with "OTC"s, over-the-counter drugs.

History

• History: 2000 AACS; 2002 AACS; 2005 AACS; 2008 AACS; 2014 AACS; 2018 AACS; 2023 AACS.

Mich. Admin. Code R 418.10913 Billing for durable medical equipment and supplies {#sec-r-418.10913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10913}

Rule 913. (1) DME and supplies must be billed using the appropriate descriptor from the HCPCS Level II codebook, as referenced in R 418.10107, for the service. If the equipment or supply is billed using an unlisted or not otherwise specified code and the charge exceeds $35.00, then the acquisition cost must be included with the bill.

(2) Initial claims for rental or purchased DME must be filed with a prescription for medical necessity, including the expected time span the equipment is required.

(3) Durable medical equipment may be billed as a rental or a purchase. If possible, the provider and carrier shall agree before dispensing the item as to whether it should be a rental or a purchased item. With the exception of oxygen equipment, rented DME is considered purchased equipment once the monthly rental allowance exceeds the purchase price or payment of 12 months rental, whichever comes first.

(4) If the worker's medical condition changes or does not improve as expected, then the rental may be discontinued in favor of purchase.

(5) If death occurs, rental fees for equipment terminates at the end of the month and additional rental payments must not be made.

(6) The return of rented equipment is the dual responsibility of the worker and the DME supplier. The carrier is not responsible and shall not be required to reimburse for additional rental periods solely because of a delay in equipment returns.

(7) Oxygen equipment must be considered a rental as long as the equipment is medically necessary. The equipment rental allowance includes reimbursement for the oxygen contents.

(8) A bill for an expendable medical supply must include the brand name and the quantity dispensed.

(9) A bill for a miscellaneous supply, for example, a wig, shoes, or shoe modification, must be submitted on an invoice if the supplier is not listed as a healthcare professional.

History

• History: 2000 AACS; 2006 AACS; 2008 AACS; 2019 AACS; 2023 AACS.

Mich. Admin. Code R 418.10915 Billing for anesthesia services {#sec-r-418.10915 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10915}

Rule 915. (1) Anesthesia services must consist of 2 components, base units and time units.

Each anesthesia procedure code is assigned a value for reporting the base units. The base units for an anesthesia procedure must be as specified in the publication titled “RBRVS DataManager Online” as adopted by reference in R 418.10107. The anesthesia codes, base units, and instructions for billing the anesthesia service must be provided separate from these rules on the agency’s website, https://www.michigan.gov/leo/bureaus-agencies/wdca.

(2) When billing for both the anesthesiologist and a certified registered nurse anesthetist or a certified anesthesiologist assistant, the anesthesia procedure code must be listed on 2 lines of the CMS 1500 claim form with the appropriate modifier on each line.

(3) One of the following modifiers must be added to the anesthesia procedure code to determine the appropriate payment for the time units:

(a) Modifier -AA indicates the anesthesia service is administered by the anesthesiologist.

(b) Modifier -QK indicates the anesthesiologist has provided medical direction for not more than 4 qualified individuals being a certified registered nurse anesthetist (CRNA), certified anesthesiologist assistant (AA), or resident. The CRNA, AA, or resident may be employed by a hospital, the anesthesiologist, or self-employed.

(c) Modifier –AD indicates an anesthesiologist has provided medical supervision for more than 4 qualified individuals being either a certified registered nurse anesthetist, certified anesthesiologist assistant, or anesthesiology resident.

(d) Modifier -QX indicates the certified registered nurse anesthetist or certified anesthesiologist assistant has administered the procedure under the medical direction of the anesthesiologist.

(e) Modifier -QZ indicates the certified registered nurse anesthetist has administered the complete anesthesia service without medical direction of an anesthesiologist.

(4) Total anesthesia units are calculated by adding the anesthesia base units to the anesthesia time units.

(5) Anesthesia services may be administered by any of the following:

(a) A licensed doctor of dental surgery.

(b) A licensed doctor of medicine.

(c) A licensed doctor of osteopathy.

(d) A licensed doctor of podiatry.

(e) A certified registered nurse anesthetist.

(f) A licensed anesthesiology resident.

(g) A certified anesthesiologist assistant.

(6) If a surgeon provides the anesthesia service, the surgeon shall only be reimbursed the base units for the anesthesia procedure.

(7) If a provider bills physical status modifiers, the documentation must be included with the bill to support the additional risk factors. When billed, the physical status modifiers are assigned unit values as defined in table 10915, as follows:

Table 10915 Anesthesiology Physical Status Modifiers Unit Value P1: A normal healthy patient = 0 P2: A patient who has a mild systemic disease = 0 P3: A patient who has a severe systemic disease = 1 P4: A patient who has a severe systemic disease that is a constant threat to life = 2 P5: A moribund patient who is expected not to survive without the operation = 3 P6: A declared brain-dead patient whose organs are being removed for donor purposes = 0 (8) Procedure code 99140 must be billed as an add-on procedure if an emergency condition, as defined in R 418.10108, complicates anesthesia. Procedure code 99140 must be assigned 2 anesthesia units. Documentation supporting the emergency must be attached to the bill.

(9) If a pre-anesthesia evaluation is performed and surgery is not subsequently performed, the service must be reported as an evaluation and management service.

History

• History: 2000 AACS; 2003 AACS; 2005 AACS; 2015 AACS; 2017 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10916 Rescinded {#sec-r-418.10916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10916}

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2006 AACS.

Mich. Admin. Code R 418.10918 Rescinded {#sec-r-418.10918 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10918}

History

• History: 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 418.10920 Billing for supplementary radiology supplies {#sec-r-418.10920 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10920}

Rule 920. (1) For radiology procedures involving the use of contrast, contrast material must be billed utilizing procedure codes in the “HCPCS Level II Professional Edition,” as adopted by reference in R 418.10107. The provider shall include an invoice documenting the wholesale price of the contrast material used and the provider shall be reimbursed the wholesale price of the contrast material.

(2) Contrast materials are only separately payable in an ASC if allowed separate payment under the OPPS, which is provided separate from these rules on the agency’s website, https://www.michigan.gov/leo/bureaus-agencies/wdca.

History

• History: 1998-2000 AACS; 2014 AACS; 2018 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.10921 Facility billing {#sec-r-418.10921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10921}

Rule 921. (1) Except for a freestanding surgical outpatient facility, a licensed facility as defined in these rules shall submit facility charges on a UB-04 claim form to the carrier. A copy of the UB-04 form shall be published separate from these rules in a manual provided on the agency’s website at www.michigan.gov/wca. The Official UB-04 Data Specifications Manual referenced in these rules contains instructions for facility billing.

(2) A facility billing for a practitioner service shall bill charges on the CMS 1500 claim form.

History

• History: 1998-2000 AACS; 2005 AACS; 2008 AACS; 2014 AACS.

Mich. Admin. Code R 418.10922 Hospital billing instructions {#sec-r-418.10922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10922}

Rule 922. (1) A hospital shall bill facility charges on the UB-04 national uniform billing claim form and shall include revenue codes, ICD-10-CM and ICD-10-PCS coding, HCPCS codes, and CPT® procedure codes to identify the surgical, radiological, laboratory, medicine, and evaluation and management services. This rule only requires that the following medical records be attached when appropriate:

(a) Emergency room report.

(b) The initial evaluation and progress reports every 30 days whenever physical medicine, speech, and hearing services are billed.

(c) The anesthesia record when billing for a CRNA, certified anesthesiologist assistant, or anesthesiologist.

(2) A properly completed UB-04 shall not require attachment of medical records except for those in subrule (1) of this rule to be considered for payment. Information required for reimbursement is included on the claim form. A carrier may request any additional records under R 418.10118.

(3) If a hospital clinic, other than an industrial or occupational medicine clinic, bills under a hospital's federal employer identification number, then a hospital clinic facility service shall be identified by using revenue code 510 "clinic."

(4) A hospital system-owned office practice shall bill services on the CMS 1500 claim form using the office site of service and shall not bill facility fees.

(5) A hospital or hospital system-owned industrial or occupational clinic providing occupational health services shall bill services on the CMS 1500 claim form using the office site of service and shall not bill facility fees.

2017 AACS.

History

• History: 1998-2000 AACS; 2003 AACS; 2006 AACS; 2007 AACS; 2008 AACS; 2014 AACS; 2015 AACS;

Mich. Admin. Code R 418.10923 Hospital billing for practitioner services {#sec-r-418.10923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10923}

Rule 923. (1) A hospital billing for practitioner services, including a certified registered nurse anesthetist, a certified anesthesiologist assistant, a physician, a nurse who has a specialty certification, and a physician's assistant, shall submit bills on a CMS 1500 form and the hospital shall use the appropriate procedure codes adopted by these rules. A hospital shall bill for professional services provided in the hospital clinic setting as practitioner services on a CMS 1500 form using outpatient hospital for the site of service. A hospital or hospital system-owned office practice shall bill all office services as practitioner services on a CMS 1500 form using office or clinic for the site of service. A hospital or hospital system-owned industrial or occupational clinic providing occupational health services for injured workers shall bill all clinic services as practitioner services on a CMS 1500 using office or clinic for the site of service. A hospital or hospital system-owned industrial or occupational clinic shall not use emergency department evaluation and management procedure codes. Radiology and laboratory services may be billed as facility services on the UB-04.

(2) A hospital billing for the professional component of a medical service, excluding physical medicine, occupational medicine, or speech and hearing services shall bill the service on a CMS 1500 claim form adding modifier -26 identifying the bill is for the professional component of the service. The bill shall indicate outpatient hospital for the site of service. The carrier shall pay the maximum allowable fee listed in the manual for the professional component of the procedure. If the professional component is not listed, then the carrier shall pay 40% of the maximum allowable fee.

(3) A hospital billing for a radiologist's or pathologist's services shall bill the professional component of the procedure on the CMS 1500 claim form and shall place modifier -26 after the appropriate procedure code to identify the professional component of the service. The carrier shall pay the maximum allowable fee listed in the manual for the professional component of the procedure. If the professional component is not listed, then the carrier shall pay 40% of the maximum allowable fee.

(4) A hospital billing for a certified registered nurse anesthetist or certified anesthesiologist assistant shall bill only time units of an anesthesiology procedure and use modifier -QX with the appropriate anesthesia code, except when billing for a certified registered nurse anesthetist in the absence of medical direction from a supervising anesthesiologist.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2005 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 418.10923b Billing for ambulatory surgery center (ASC) or freestanding surgical outpatient facility (FSOF) {#sec-r-418.10923b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10923b}

Rule 923b. (1) An ASC or FSOF shall be licensed by the Michigan department of licensing and regulatory affairs under part 208 of the code or if it has an agreement with the centers for Medicare and Medicaid services (CMS) to participate in Medicare. The owner or operator of the facility shall make the facility available to other physicians, dentists, podiatrists, or providers who comprise its professional staff. The following apply:

(a) When a surgery procedure is appropriately performed in the ASC or FSOF and CMS has not assigned a payment code for that procedure, the procedure shall be considered BR.

(b) The ASC or FSOF shall be reimbursed the maximum allowable paid for the payment code, taking into consideration the multiple procedure rule for facilities as defined by CMS.

(2) Billing instructions in this rule do not apply to a hospital-owned freestanding surgical outpatient facility billing with the same tax identification number as the hospital.

(3) An ASC or FSOF shall bill the facility services on the CMS 1500 claim form and shall include modifier SG to identify the service as the facility charge. The place of service shall be "24." The appropriate HCPCS or CPT procedure code describing the service performed shall be listed on separate lines of the bill.

(4) Modifier 50, generally indicating bilateral procedure, is not valid for the ASC or FSOF claim. Procedures performed bilaterally shall be billed on 2 separate lines of the claim form and shall be identified with modifiers, LT for left and RT for right.

(5) An ASC or FSOF shall only bill for outpatient procedures that, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and are exclusive of such surgical and related care as licensed physicians ordinarily elect to perform in their private offices.

(6) The payment for the surgical code includes the supplies for the procedure.

(7) Durable medical equipment, the technical component (-TC) of certain radiology services, certain drugs, and biologicals that are allowed separate payment under the outpatient prospective payment system (OPPS) will be provided separate from the rules on the agency’s website, www.michigan.gov/wca.

(8) Items implanted into the body that remain in the body at the time of discharge (such as plates, pins, screws, mesh) from the facility are reimbursable when they are designated by CMS as pass through items. These pass through items will be provided separate from these rules on the agency’s website, www.michigan.gov/wca. The facility shall bill implant items with the appropriate HCPCS code that is reimbursable under the OPPS. A report listing a description of the implant and a copy of the facility's cost invoice, including any full or partial credit given for the implant, shall be included with the bill.

(9) Those radiological services that are allowed separate payment under the OPPS will be provided separate from the rules on the agency’s website, www.michigan.gov/wca. When radiology procedures are performed intraoperatively, only the technical component shall be billed by the facility and reimbursed by the carrier. The professional component shall be included with the surgical procedure. Pre-operative and post-operative radiology services may be globally billed.

(10) At no time shall the ASC or FSOF bill for practitioner services on the facility bill.

(11) When an allowed drug or biological, provided separate from these rules on the agency’s website, www.michigan.gov/wca, is billed by the ASC or FSOF, it shall be listed by the appropriate HCPCS or CPT procedure code. All of the following apply:

(a) Each allowable drug or biological shall be listed on a separate line.

(b) Units administered shall be listed for each drug or biological.

(c) A dispense fee shall not be billed.

R 418.10924 rescinded.

History

• History: 2005 AACS; 2008 AACS; 2010 AACS; 2014 AACS; 2018 AACS.
• History: 1998-2000 AACS; 2003 AACS.

Mich. Admin. Code R 418.10925 Billing requirements for other licensed facilities {#sec-r-418.10925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10925}

Rule 925. (1) A licensed facility, other than a hospital or freestanding surgical outpatient facility, shall bill the facility services on the UB-04 national uniform billing claim form and shall include the revenue codes contained in the Official UB-04 Data Specifications Manual, ICD-10- CM and ICD-10-PCS coding for diagnoses and procedures, and CPT procedure codes for surgical, radiological, laboratory, and medicine and evaluation and management services.

(2) Only the technical component of a radiological service or a laboratory service shall be billed on the standardized UB-04 national uniform billing claim form.

(3) All bills for the professional services shall be billed on a CMS 1500 claim form, using the appropriate CPT procedure code and modifier.

(4) A report describing the services provided and the condition of the patient shall be included with the bill.

History

• History: 1998-2000 AACS; 2003 AACS; 2005 AACS; 2008 AACS; 2014 AACS; 2017 AACS.

Mich. Admin. Code R 418.10926 Billing for air and ground ambulance services {#sec-r-418.10926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.10926}

Rule 926. (1) Air ambulance providers shall bill procedure codes A0430, A0431, A0435, and A0436 as appropriate from the HCPCS codebook, as adopted by reference in R 418.10107.

(2) Ground ambulance providers shall bill procedure codes A0425-A0429 and A0432- A0434 as appropriate from the HCPCS codebook, as adopted by reference in R 418.10107.

(3) A hospital-owned air or ground ambulance provider billing with the same tax identification number as the hospital shall submit charges for ambulance services on a UB-04 form. All other ambulance providers shall submit charges for ambulance services on a CMS- 1500 form.

(4) Air ambulance services are considered reasonable when a medical condition, in whole or in part, is such that transportation by either basic or advanced life support ground ambulance would constitute a threat to the patient’s life or seriously endanger the patient’s health.

(5) Ground ambulance services are considered reasonable when a medical condition is such that use of other forms of transportation are contraindicated and would endanger the patient’s health.

(6) A properly submitted air or ground ambulance bill shall include documentation indicating the necessity of air or ground ambulance services.

(7) An air ambulance service shall be covered only to the nearest facility capable of furnishing the required level and type of care for the injury or illness involved.

(8) The ambulance point of pick up shall be reported by its 5-digit ZIP code. Charges for services and mileage shall be based on documented loaded patient mileage only. If the patient is pronounced dead by a legally authorized professional after the air ambulance has taken off or the ground ambulance is dispatched, but before being loaded onto the ambulance for transport, then the MAP is the appropriate base rate, with no amount allowed for mileage or for a rural adjustment.

(9) Ambulance origin and destination modifiers listed in the HCPCS Level II codebook, as adopted by reference in R 418.10107, shall be used on the bill as appropriate and will be listed on the agency website at www.michigan.gov/wca.

(10) All items and services associated with the ambulance transport are included in the maximum allowable payment and shall not be unbundled and billed separately.

(11) Ground ambulance services are reimbursed based on the level of services performed, not the type of vehicle responding.

PART 10. REIMBURSEMENT

SUBPART A. PRACTITIONER REIMBURSEMENT

History

• History: 2018 AACS; 2021 AACS.

Mich. Admin. Code R 418.101001 General rules for practitioner reimbursement {#sec-r-418.101001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101001}

Rule 1001. (1) A provider that is authorized to practice in the state of Michigan shall receive the maximum allowable payment in accordance with these rules. A provider shall follow the process specified in these rules for resolving differences with a carrier regarding payment for appropriate health care services rendered to an injured worker.

Reimbursement shall be based upon the site of service. The agency shall publish the maximum allowable payment for a procedure performed in the non-facility setting and the maximum allowable payment for a procedure performed in the facility setting.

(2) A carrier shall not make a payment for a service unless all required review activities pertaining to that service are completed.

(3) A carrier's payment shall reflect any adjustments in the bill made through the carrier's utilization review program.

(4) A carrier shall pay, adjust, or reject a properly submitted bill within 30 days of receipt. The carrier shall notify the provider on a form entitled "Carrier's Explanation of Benefits" in a format specified by the agency. A copy shall be sent to the injured worker.

(5) A carrier shall not make a payment for any service that is determined inappropriate by the carrier's professional health care review program.

(6) The carrier shall reimburse the provider a 3% late fee if more than 30 calendar days elapse between a carrier's receipt of a properly submitted bill and a carrier's mailing of the payment.

(7) If a procedure code has a maximum fee of "by report," the provider shall be paid its usual and customary charge or the reasonable amount, whichever is less. The carrier shall provide an explanation of its determination that the fee is unreasonable or excessive in accordance with these rules.

History

• History: 1998-2000 AACS; 2005 AACS; 2006 AACS.

Mich. Admin. Code R 418.101002 Conversion factors for practitioner services {#sec-r-418.101002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101002}

Rule 1002. (1) The agency shall determine the conversion factors for medicine, evaluation and management, physical medicine, surgery, pathology, and radiology procedures. The conversion factor is used by the agency for determining the maximum allowable payment for medical, surgical, and radiology procedures. The maximum allowable payment is determined by multiplying the appropriate conversion factor by the relative value unit assigned to a procedure.

The relative value units are provided for the medicine, surgical, and radiology procedure codes separate from these rules on the agency’s website, www.michigan.gov/leo/bureausagencies/wdca. The relative value units are updated by the agency using codes adopted from "Current Procedural Terminology (CPT®)" as adopted by reference in R 418.10107. The agency shall determine the relative values by using information found in the "RBRVS DataManager Online" as adopted by reference in R 418.10107.

(2) The conversion factor for medicine, radiology, and surgical procedures is $49.08 for the year 2025 and is effective for dates of service on or after the effective date of these rules.

History

• History: 1998-2000 AACS; 2002 AACS; 2003 AACS; 2004 AACS; 2005 AACS; 2006 AACS; 2014 AACS; 2017 AACS; 2018 AACS; 2019 AACS; 2021 AACS; 2023 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.101002a Rescinded {#sec-r-418.101002a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101002a}

History

• History: 2007 AACS; 2008 AACS; 2009 AACS; 2010 AACS; 2012 AACS; 2014 AACS.

Mich. Admin. Code R 418.101002b Rescinded {#sec-r-418.101002b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101002b}

History

• History: 2007 AACS; rescinded 2010 AACS.

Mich. Admin. Code R 418.101003 Reimbursement for "by report" and ancillary procedures {#sec-r-418.101003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101003}

Rule 1003. (1) If a procedure code does not have a listed relative value, or is noted BR, then the carrier shall reimburse the provider's usual and customary charge or reasonable payment, whichever is less, unless otherwise specified in these rules.

(2) The following ancillary services are by report and the provider shall be reimbursed either at the practitioner's usual and customary charge or reasonable payment, whichever is less:

(a) Dental services.

(b) Vision and prosthetic optical services.

(c) Hearing aid services.

(d) Home health services.

(3) Orthotic and prosthetic procedures, L0000-L9999, shall be reimbursed by the carrier at Medicare plus 5%. The health care services division shall provide maximum allowable payments for L-code procedures separate from these rules on the agency’s website, www.michigan.gov/wca. Orthotic and prosthetic procedures with no assigned maximum allowable payment shall be considered by report procedures and require a written description accompanying the charges on the CMS-1500 claim form. The report shall include date of service, a description of the service or services provided, the time involved, and the charge for materials and components.

2021 AACS.

History

• History: 1998-2000 AACS; 2005 AACS; 2006 AACS; 2008 AACS; 2009 AACS; 2014 AACS; 2018 AACS;

Mich. Admin. Code R 418.101003a Reimbursement for dispensed medications {#sec-r-418.101003a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101003a}

Rule 1003a. (1) Prescription medication must be reimbursed at the average wholesale price (AWP) minus 10%, as determined by Red Book or Medi-Span, adopted by reference in R 418.10107, plus a dispense fee. All of the following apply to reimbursements:

The dispense fee for a brand name drug is $3.50.

The dispense fee for a generic drug is $5.50.

(c) Reimbursement for repackaged pharmaceuticals is at a maximum reimbursement of AWP minus 10% based on the original manufacturer’s NDC number, as determined by Red Book or Medi-Span, adopted by reference in R 418.10107, plus a dispensing fee of $3.50 for brand name and $5.50 for generic.

(d) All pharmaceutical bills submitted for repackaged products must include the original manufacturer or distributer stock package national drug code or NDC number.

(e) When an original manufacturer’s NDC number is not available in either Red Book or Medi-Span, as adopted by reference in R 418.10107, and a pharmaceutical is billed using an unlisted or not otherwise specified code, the payer shall select the most closely related NDC number to use for reimbursement of the pharmaceutical.

(2) Over-the-counter drugs (OTC's), dispensed by a provider other than a pharmacy, must be dispensed in 10-day quantities and be reimbursed at the average wholesale price, as determined by Red Book or Medi-Span, adopted by reference in R 418.10107, or $2.50, whichever is greater.

(3) All commercially manufactured topical medications that do not meet the definition of custom compound dispensed by a pharmacy or a provider, must not exceed a 30-day supply.

Regardless of dispensing party, reimbursement is a maximum of the acquisition cost, plus a single dispense fee. The single dispense fee is $8.50. A provider shall only be reimbursed 1 dispense fee per topical medication in a 10-day period.

History

• History: 2008 AACS; 2010 AACS; 2012 AACS; 2014 AACS; 2017 AACS; 2018 AACS; 2021 AACS; 2023 AACS.

Mich. Admin. Code R 418.101003b Reimbursement for biologicals, durable medical equipment, and supplies {#sec-r-418.101003b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101003b}

Rule 1003b. (1) The carrier shall reimburse durable medical equipment (DME), supplies, and biologicals at Medicare plus 5%. The health care services division shall provide the maximum allowable payments for DME, supplies, and biologicals separate from these rules on the agency website, www.michigan.gov/leo/bureaus-agencies/wdca. Biologicals that have NDC numbers must be billed and reimbursed under R 418.10912.

(2) Rented DME must be identified on the provider's bill by RR. Modifier NU identifies the item as purchased, new.

(3) If a DME, supply, or biological exceeding $35.00 is not listed in the fee schedule, has no maximum allowable payment (MAP) value in the fee schedule, or is billed with a not otherwise specified code, then reimbursement must be the provider’s acquisition cost, plus a percent mark-up as follows, for purchased DME:

(a) Invoice cost of $35.01 to $100.00 must receive cost plus 50%.

(b) Invoice cost of $100.01 to $250.00 must receive cost plus 30%.

(c) Invoice cost of $250.01 to $700.00 must receive cost plus 25%.

(d) Invoice cost of $700.01 or higher must receive cost plus 20%.

(4) If rental DME or supplies are not listed in the fee schedule, have no MAP value in the fee schedule, or are billed with a not otherwise specified code, then reimbursement must be 1 of the following:

(a) The daily rental rate must be calculated using the provider’s acquisition cost, plus 20% divided by 365.

(b) If the provider is the manufacturer of the DME, the daily rental rate must be calculated using the manufacturer’s cost to produce the DME, plus 20% divided by 365.

(5) A provider’s failure to provide the required acquisition cost or manufacturer’s cost may result in denial of reimbursement.

(6) All items and services associated with the DME rental must be included in the daily rental rate as calculated in subrule (4) of this rule and must not be unbundled and billed separately, unless otherwise indicated in the HCPCS Level II codebook as adopted by reference in R 418.10107.

History

• History: 2006 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 418.101004 Modifier code reimbursement {#sec-r-418.101004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101004}

Rule 1004. (1) Modifiers may be used to report that the service or procedure performed was altered by a specific circumstance but does not change the definition of the code. This rule lists procedures for reimbursement when certain modifiers are used. A complete listing of modifiers is listed in Appendix A of "Current Procedural Terminology CPT® 2025 Professional Edition,” and the "HCPCS 2025 Level II Professional Edition" as adopted by reference in R 418.10107.

(2) When modifier code -25 is added to an evaluation and management procedure code, reimbursement must only be made when the documentation provided supports that the patient's condition required a significant separately identifiable evaluation and management service, other than the other service provided or beyond the usual preoperative and postoperative care.

(3) When modifier code -26, professional component, is used with a procedure, the professional component must be paid.

(4) If a surgeon uses modifier code -47 when performing a surgical procedure, anesthesia services that were provided by the surgeon and the maximum allowable payment for the anesthesia portion of the service is calculated by multiplying the base unit of the appropriate anesthesia code by $42.00. No additional payment is allowed for time units.

(5) When modifier code -50 or -51 is used with surgical procedure codes, the services must be paid according to the following, as applicable:

(a) The primary procedure at not more than 100% of the maximum allowable payment or the billed charge, whichever is less.

(b) The secondary procedure and the remaining procedure or procedures at not more than 50% of the maximum allowable payment or the billed charge, whichever is less.

(c) When multiple injuries occur in different areas of the body, the first surgical procedure in each part of the body must be reimbursed 100% of the maximum allowable payment or billed charge, whichever is less, and the second and remaining surgical procedure or procedures must be identified by modifier code -51 and be reimbursed at 50% of the maximum allowable payment or billed charges, whichever is less.

(d) When modifier -50 or -51 is used with a surgical procedure with a maximum allowable payment of by report, the maximum allowable payment must be 50% of the provider's usual and customary charge or 50% of the reasonable amount, whichever is less.

(6) The multiple procedure payment reduction must be applied to the technical and professional component for more than 1 radiological imaging procedure furnished to the same patient, on the same day, in the same session, by the same physician or group practice. When modifier -51 is used with specified diagnostic radiological imaging procedures, the payment for the technical component of the procedure must be reduced by 50% of the maximum allowable payment and payment for the professional component of the procedure must be reduced to 75% of the maximum allowable payment. A table of the diagnostic imaging CPT® procedure codes subject to the multiple procedure payment reduction are provided by the agency in a manual separate from these rules.

(7) When modifier code -TC, technical services, is used to identify the technical component of a radiology procedure, payment must be made for the technical component only.

The maximum allowable payment for the technical portion of the radiology procedure is designated on the agency’s website, www.michigan.gov/leo/bureaus-agencies/wdca.

(8) When modifier -57, initial decision to perform surgery, is added to an evaluation and management procedure code, the modifier -57 indicates an evaluation and management service resulted in the initial decision to perform surgery, either the day before or the day of a major surgery, and is not part of the global surgical service.

(9) When both surgeons use modifier -62 and the procedure has a maximum allowable payment, the maximum allowable payment for the procedure must be multiplied by 25%. Each surgeon is paid 50% of the maximum allowable payment multiplied by 25%, or 62.5% of the maximum allowable payment. If the maximum allowable payment for the procedure is by report, the reasonable amount must be multiplied by 25% and be divided equally between the surgeons.

(10) When modifier code -80 is used with a procedure, the maximum allowable payment for the procedure must be 20% of the maximum allowable payment listed in these rules, or the billed charge, whichever is less. If a maximum payment has not been established and the procedure is by report, payment must be 20% of the reasonable payment amount paid for the primary procedure.

(11) When modifier code -81 is used with a procedure code that has a maximum allowable payment, the maximum allowable payment for the procedure must be 13% of the maximum allowable payment listed in these rules or the billed charge, whichever is less. If modifier code -81 is used with a by report procedure, the maximum allowable payment for the procedure must be 13% of the reasonable amount paid for the primary procedure.

(12) When modifier -82 is used and the assistant surgeon is a licensed doctor of medicine, doctor of osteopathic medicine and surgery, doctor of podiatric medicine, or a doctor of dental surgery, the maximum level of reimbursement is the same as modifier -80. If the assistant surgeon is a physician's assistant, the maximum level of reimbursement is the same as modifier -81. If an individual other than a physician or a certified physician's assistant bills using modifier -82, the charge and payment for the service is reflected in the facility fee.

(13) When modifier -GF is billed with evaluation and management or minor surgical services, the carrier shall reimburse the procedure at 85% of the maximum allowable payment, or the usual and customary charge, whichever is less.

(14) When modifier -95 is used with procedure code 97161 to 97168, or those listed in Appendix P of the CPT® codebook, as adopted by reference in R 418.10107, excluding CPT® codes 99242 to 99245 and 99252 to 99255, the telemedicine services are reimbursed according to all of the following:

(a) The carrier shall reimburse the procedure code at the non-facility maximum allowable payment, or the billed charge, whichever is less.

(b) Supplies and costs for the telemedicine data collection, storage, or transmission must not be unbundled and reimbursed separately.

(c) Originating site facility fees must not be separately reimbursed.

(15) Modifier -CO must be appended to a procedure code if the procedure was furnished entirely by the occupational therapy assistant (OTA), or if the OTA has provided a portion of a procedure, separately from the part that is furnished by the occupational therapist, exceeding 10% of the total time for the procedure code. When modifier -CO is used, the procedure code must be reimbursed at 85% of the maximum allowable payment, or the usual and customary charge, whichever is less. Modifier -CO and the corresponding 15% reduction is not applicable if the occupational therapist has provided more than half of the timed procedure code without the minutes provided by the OTA.

(16) Modifier -CQ must be appended to a procedure if the procedure was furnished entirely by the physical therapy assistant (PTA), or if the PTA has provided a portion of a procedure, separately from the part that is furnished by the physical therapist, exceeding 10% of the total time for the procedure code. When modifier -CQ is used, the procedure code must be reimbursed at 85% of the maximum allowable payment, or the usual and customary charge, whichever is less. Modifier -CQ and the corresponding 15% reduction is not applicable if the physical therapist has provided more than half of the timed procedure code without the minutes provided by the PTA.

History

• History: 1998-2000 AACS; 2005 AACS; 2007 AACS; 2014 AACS; 2017 AACS; 2019 AACS; 2021 AACS; 2023 AACS; 2025 MR 12, Eff. June 4, 2025.

Mich. Admin. Code R 418.101005 Reimbursement for home health services {#sec-r-418.101005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101005}

Rule 1005. (1) Home health services are reimbursed "by report," requiring submission of a report with the charges on the UB-04 claim form. The carrier shall reimburse the home health agency according to each "by report" procedure listed on the UB-04, billed with the appropriate HCPCS code in accord with R 418.10909.

(2) Home health services shall be reimbursed by the carrier at either the provider's usual and customary charge as defined by these rules or reasonable amount, whichever is less.

(3) Services listed in the HCPCS Level II codebook, as adopted by reference in R 418.10107, as per diem shall be reimbursed per diem or per visit in accord with the description of the code. The per diem visit shall be either at the provider's usual and customary charge or reasonable amount, whichever is less.

(4) Supplies and durable medical equipment (DME) shall be reimbursed pursuant to these rules.

History

• History: 2002 AACS; 2007 AACS; 2008 AACS; 2017 AACS.

Mich. Admin. Code R 418.101006 Reimbursement for mental health services {#sec-r-418.101006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101006}

Rule 1006. (1) A carrier shall only reimburse procedure code 90792 and add on procedure codes 90833, 90836, and 90838 when billed by a psychiatrist who is either a medical doctor (M.D.) or a doctor of osteopathy (D.O.).

(2) A licensed psychologist or a limited license psychologist billing for a diagnostic procedure shall be paid the maximum allowable payment or the practitioner's usual and customary fee, whichever is less.

(3) A licensed psychologist billing for a therapeutic service shall use modifier -AH and shall be paid the maximum allowable payment or the practitioner's usual and customary charge, whichever is less.

(4) For the following providers, therapeutic mental health services shall be reimbursed at 85% of the maximum allowable payment, or the practitioner's usual and customary charge, whichever is less. If a procedure code has a maximum allowable payment of "by report," the maximum allowable payment shall be 85% of the reasonable payment, or the practitioner's usual and customary charge, whichever is less:

(a) -AL limited license psychologist.

(b) -AJ certified social worker.

(c) -LC licensed professional counselor.

(d) -MF licensed marriage and family therapist.

(5) For the following providers, mental health services shall be reimbursed at 64% of the maximum allowable payment, or the practitioner's usual and customary charge, whichever is less. If a procedure code has a maximum allowable payment of "by report," then the maximum allowable payment shall be 64% of the reasonable payment, or the practitioner's usual and customary charge, whichever is less:

(a) -CS limited licensed counselor.

(b) -ML limited licensed marriage and family therapist.

History

• History: 1998-2000 AACS; 2009 AACS; 2014 AACS.

Mich. Admin. Code R 418.101007 Reimbursement for anesthesia services {#sec-r-418.101007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101007}

Rule 1007. (1) The carrier shall determine the maximum allowable payment for anesthesia services by adding the base units to the time units. The carrier shall reimburse anesthesia services at either the maximum allowable payment, or the practitioner's usual and customary charge, whichever is less. Each anesthesia base unit shall be multiplied by $42.00 to determine payment for the base procedure.

(2) Anesthesia base units shall only be paid to an anesthesiologist, a surgeon who provides the anesthesia and performs the surgery, or a certified registered nurse anesthetist providing anesthesia without medical direction of the anesthesiologist. Only 1 practitioner shall be reimbursed for base units, documented by the anesthesia record.

(3) The carrier shall reimburse the time units by the total minutes listed in the "days" or "units" column and the alpha modifier added to the procedure code. Time units are reimbursed in the following manner:

(a) Increments of 15 minutes or portions thereof, for administration of the anesthesia.

(b) Increments of 30 minutes or portions thereof, for supervision or direction of a CRNA or certified anesthesiologist assistant.

(c) In no instance shall less than 1 time unit be reimbursed.

(4) The maximum allowable payment for anesthesia time shall be calculated in the following manner:

(a) If the anesthesiologist administers the anesthesia, then the modifier shall be -AA and the maximum payment shall be $2.80 per minute.

(b) If the anesthesiologist provides medical supervision for more than 4 concurrent anesthesia procedures, then the modifier shall be AD and the maximum payment shall be 3 base units. One time unit shall also be paid if the anesthesiologist is present for induction of anesthesia services at $1.40 per minute.

(c) If the anesthesiologist provides medical direction to a CRNA or certified anesthesiologist assistant, then the modifier shall be QK and the maximum payment shall be $1.40 per minute.

(d) If a CRNA or a certified anesthesiologist assistant administers the anesthesia under the medical direction of an anesthesiologist, then the modifier shall be -QX and the maximum payment shall be $2.80 per minute.

(e) If a CRNA administers anesthesia without medical direction of the anesthesiologist, then the modifier shall be -QZ and the maximum payment shall be $2.80 per minute.

History

• History: 1998-2000 AACS; 2014 AACS; 2015 AACS; 2017 AACS.

Mich. Admin. Code R 418.101008 Reimbursement for opioid treatment for chronic, non-cancer pain {#sec-r-418.101008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101008}

Rule 1008. (1) For purposes of these rules, chronic pain is pain unrelated to cancer or is incident to surgery and that persists beyond the period of expected healing after an acute injury episode. It is pain that persists beyond 90 days following the onset of the pain. The payer shall reimburse for opioids used in the treatment of chronic pain resulting from work-related conditions.

(2) This rule is applicable to opioid treatment of chronic pain for the following:

(a) Injury dates on or after June 26, 2015.

(b) Beginning December 26, 2015, all other injury dates.

History

• History: 2014 AACS; 2015 AACS.

Mich. Admin. Code R 418.101008a Required documentation for reimbursement of treatment for chronic, non-cancer pain with opioids {#sec-r-418.101008a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101008a}

Rule 1008a. (1) In order to receive reimbursement for opioid treatment beyond 90 days, the physician seeking reimbursement shall submit a written report to the payer not later than 90 days after the initial opioid prescription fill for chronic pain and every 90 days thereafter. The written report shall include all of the following:

(a) A review and analysis of the relevant prior medical history, including any consultations that have been obtained, and a review of data received from an automated prescription drug monitoring program in the treating jurisdiction, such as the Michigan Automated Prescription System (MAPS), for identification of past history of narcotic use and any concurrent prescriptions.

(b) A summary of conservative care rendered to the worker that focused on increased function and return to work.

(c) A statement on why prior or alternative conservative measures were ineffective or contraindicated.

(d) A statement that the attending physician has considered the results obtained from appropriate industry accepted screening tools to detect factors that may significantly increase the risk of abuse or adverse outcomes including a history of alcohol or other substance abuse.

(e) A treatment plan that includes all of the following:

(i) Overall treatment goals and functional progress.

(ii) Periodic urine drug screens.

(iii) A conscientious effort to reduce pain through the use of non-opioid medications, alternative non-pharmaceutical strategies, or both.

(iv) Consideration of weaning the injured worker from opioid use.

(f) An opioid treatment agreement that has been signed by the worker and the attending physician. This agreement shall be reviewed, updated, and renewed every 6 months. The opioid treatment agreement shall outline the risks and benefits of opioid use, the conditions under which opioids will be prescribed, and the responsibilities of the prescribing physician and the worker.

(2) The provider may bill the additional services required for compliance with these rules utilizing CPT procedure code 99215 for the initial 90-day report and all subsequent follow-up reports at 90-day intervals.

(3) Providers may bill $25.00 utilizing code MPS01 for accessing MAPS or other automated prescription drug monitoring program in the treating jurisdiction.

(4) A provider performing drug testing, drug screening, and drug confirmation testing shall use the appropriate procedure codes G0480-G0483, G0659, or 80305-80307 listed in the HCPCS or CPT codebook, as adopted by reference in R418.10107.

History

• History: 2014 AACS; 2017 AACS; 2018 AACS.

Mich. Admin. Code R 418.101008b Denial of reimbursement for prescribing and dispensing opioid medications used to treat chronic, non-cancer pain {#sec-r-418.101008b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101008b}

Rule 1008b. Reimbursement for prescribing and dispensing opioid medications may be denied, pursuant to the act. Denial of reimbursement may occur if the physician reporting and treatment plan requirements as stated in R 418.101008a are not met. Denial of reimbursement shall occur only after a reasonable period of time is provided for the weaning of the injured worker from the opioid medications, and alternative means of pain management have been offered.

History

• History: 2014 AACS.

Mich. Admin. Code R 418.101009 Reimbursement for custom compounded topical medication {#sec-r-418.101009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101009}

Rule 1009. (1) Six months after the effective date of this rule, a custom compound topical medication, as defined in R418.10108, must be reimbursed only when the compound meets all of the following standards:

(a) There is no readily available commercially manufactured equivalent product.

(b) No other United States Food and Drug Administration (FDA) approved alternative drug is appropriate for the patient.

(c) The active ingredients of the compound each have an NDC number and are components of drugs approved by the FDA.

(d) The drug has not been withdrawn or removed from the market for safety reasons.

(e) The prescriber is able to demonstrate to the payer that the compound medication is clinically appropriate for the intended use.

(2) Topical compound drugs or medications must be billed using the specific amount of each component drug and its original manufacturers’ NDC number included in the compound.

Reimbursement must be based on a maximum reimbursement of the AWP minus 10% based on the original manufacturer’s NDC number, as published by Red Book or Medi-Span, adopted by reference in R 418.10107, and pro-rated for each component amount used. Components without NDC numbers must not be reimbursed. A single dispensing fee for a compound prescription is $12.50 for a non-sterile compound. The provider shall dispense a 30-day supply per prescription.

(3) Reimbursement for a custom compounded drug is limited to a maximum of $600.00. Any charges exceeding this amount must be accompanied by the original component acquisition cost invoice pro-rated for each component amount used, for review by the carrier.

History

• History: 2014 AACS; 2023 AACS.

Mich. Admin. Code R 418.101010 Reimbursement for air and ground ambulance services {#sec-r-418.101010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101010}

Rule 1010. (1) Reimbursement for air and ground ambulance services, when not provided by a hospital owned air or ground ambulance provider billing with the same tax identification number as the hospital, shall be determined by using the reimbursement rate published by CMS.

The formula for determining the maximum allowable paid (MAP) for ambulance services is determined by multiplying the (Medicare rate) X (1.40). The MAP shall be published in the health care services fee schedule and shall utilize the practice expense (PE) of the geographical information (GPCI), which shall be a melded average using 60% of the figures published for the city of Detroit added to 40% of the figures published for the rest of this state.

(2) The MAP for procedure codes A0425, A0430, A0431, A0435, and A0436 shall list 2 values for each procedure code, an urban and a rural MAP. Reimbursement is based on the zip code at the ambulance point of pick up and based on documented loaded patient mileage only.

Urban or rural designations for each zip code shall be based on CMS and indicated on the agency website at www.michigan.gov.

(3) The MAP for procedure codes A0426-A0429 and A0432-A0434 shall list 3 values for each procedure code, an urban, a rural, and a super-rural MAP. Reimbursement is based on the zip code at the ambulance point of pick up and based on documented loaded patient mileage only. Urban, rural, and super-rural designations for each zip code shall be based on CMS definitions and indicated on the agency website at www.michigan.gov.

(4) Mileage shall be reimbursed per documented loaded patient miles and is expressed in statute mile.

(a) For trips totaling up to 100 covered miles, the mileage shall be rounded up to the nearest tenth of a mile.

(b) For trips totaling 100 covered miles or greater, mileage shall be rounded up to the nearest whole number mile without use of a decimal.

(5) If the patient was pronounced dead by a legally authorized professional after the air or ground ambulance was dispatched but before the ambulance arrived at the scene, reimbursement shall be made for a fixed wing, rotary wing, or basic life support ground ambulance base rate, as applicable. Neither mileage nor a rural adjustment shall be paid. The base rate shall be indicated on the agency website at www.michigan.gov.

(6) The MAP for procedure codes A0425-A0436 includes all items, services, and supplies associated with such transport, which shall not be unbundled and billed separately.

(7) A hospital owned air or ground ambulance provider billing with the same tax identification number as the hospital shall be reimbursed based on the hospital’s cost-to-charge ratio, which shall be indicated on the agency website at https://www.michigan.gov/leo/0,5863,7- 336-94422_95508_26922---,00.html.

History

• History: 2014 AACS; 2018 AACS; 2021 AACS.

Mich. Admin. Code R 418.101015 General rules for facility reimbursement {#sec-r-418.101015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101015}

Rule 1015. (1) A facility licensed by this state shall receive the maximum allowable payment in accordance with these rules. The facility shall follow the process specified in these rules for resolving differences with a carrier regarding payment for the appropriate health care services rendered to an injured worker.

(2) The carrier or its designated agent shall assure that the UB-04 national uniform billing claim form is completed correctly before payment. A carrier's payment shall reflect any adjustments in the bill made through the carrier's utilization review program.

(3) A carrier shall pay, adjust, or reject a properly submitted bill within 30 days of receipt, sending notice on a form entitled "Carrier's Explanation of Benefits" in a format specified by the agency. The carrier shall reimburse the facility a 3% late fee if more than 30 days elapse between a carrier's receipt of a properly submitted bill and a carrier's mailing of the payment.

(4) Submission of a correctly completed UB-04 claim form shall be considered to be a properly submitted bill. The following medical records shall also be attached to the facility charges as applicable:

(a) Emergency room report.

(b) The initial evaluations and progress reports every 30 days whenever physical medicine, speech, and hearing services are billed by a facility.

(c) The anesthesia record whenever the facility bills for the services of a CRNA, certified anesthesiologist assistant, or anesthesiologist.

(5) Additional records not listed in subrule (4) of this rule may be requested by the carrier and shall be reimbursed in accordance with R 418.10118.

History

• History: 2000 AACS; 2005 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 418.101016 Reimbursement; payment ratio methodology {#sec-r-418.101016 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101016}

Rule 1016. (1) A hospital licensed in Michigan billing facility services shall be reimbursed using the maximum payment ratio methodology for the following services:

(a) Inpatient or observation care.

(b) Emergency department services.

(c) Occupational, physical, and speech therapy services.

(d) Outpatient surgeries.

(e) Laboratory services and outpatient services. If a carrier pays a properly submitted bill or unadjusted portion of the bill within 30 days of receipt, then the payment is calculated by multiplying the charges times the hospital's maximum payment ratio times a multiplier of 107%. If a carrier pays the bill after 30 days, then the multiplier shall be 110% allowing for a 3% late fee.

(2) When a hospital outside the state of Michigan submits a bill for facility services, the carrier may initially process payment by using the method described in subrule (1) of this rule, applying the average maximum payment ratio, as published in the health care services manual. If the facility located outside of Michigan does not accept reimbursement according to Michigan health care services rules, then the carrier shall negotiate the charges with the out-of-state facility or reimburse the facility according to the laws of the state where the facility is located.

(3) If applying the ratio methodology results in an amount greater than the hospital's charge, the carrier shall reimburse the hospital's charge. The only time a carrier shall pay in excess of the charge is if a properly submitted bill was not paid within 30 days and, in that instance, the carrier shall reimburse the charge plus a 3% late fee.

(4) Observation care shall not be for more than 24 hours. If the patient does not meet admission criteria according to the length of stay guidelines, then the patient shall be discharged from observation care.

History

• History: 1998-2000 AACS; 2005 AACS; 2007 AACS; 2009 AACS.

Mich. Admin. Code R 418.101017 Rescinded {#sec-r-418.101017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101017}

History

• History: 1998-2000 AACS; 2004 AACS; 2005 AACS; 2007 AACS.

Mich. Admin. Code R 418.101018 Rescinded {#sec-r-418.101018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101018}

History

• History: 1998-2000 AACS; 2007 AACS.

Mich. Admin. Code R 418.101019 Rescinded {#sec-r-418.101019 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101019}

History

• History: 1998-2000 AACS; 2007 AACS.

Mich. Admin. Code R 418.101022 Facility reimbursement excluding hospital or freestanding surgical outpatient facility {#sec-r-418.101022 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101022}

Rule 1022. (1) When the following licensed facilities provide services to an injured worker and bill the carrier, the billed services shall be considered by report:

(a) Nursing home.

(b) County medical care facility.

(c) Hospice.

(d) Hospital long-term care unit.

(e) Intermediate care facility or skilled nursing facility.

(2) A licensed facility in subrule (1) of this rule shall be reimbursed by its usual and customary charge or reasonable amount for the service provided, whichever is less. If a carrier does not reimburse the facility within 30 days of receipt of a properly submitted bill, the carrier shall reimburse the facility an additional 3% late fee.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101023 Reimbursement for ASC or FSOF {#sec-r-418.101023 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101023}

Rule 1023. (1) Reimbursement for surgical procedures performed in an ASC or FSOF shall be determined by using the ASC rate published by CMS. The formula for determining the maximum allowable paid (MAP) for a surgical procedure in an ASC or FSOF is determined by multiplying the (Medicare ASC rate) X (1.30). The MAP shall be published in the health care services fee schedule.

(2) When 2 or more surgical procedures are performed in the same operative session, the facility shall be reimbursed at 100% of the maximum allowable payment or the facility's usual and customary charge, whichever is less, for the procedure classified with the highest payment rate. Any other surgical procedures performed during the same session shall be reimbursed at 50% of the maximum allowable payment or 50% of the facility's usual and customary charge, whichever is less, unless the procedure is not subject to the multiple procedure discount as indicated by CMS in the health care services ASC fee schedule. A facility shall not unbundle surgical procedure codes when billing the services.

(3) When an eligible procedure is performed bilaterally, each procedure shall be listed on a separate line of the claim form and shall be identified with LT for left and RT for right. At no time shall modifier 50 be used by the facility to describe bilateral procedures.

(4) Implants are included in the maximum allowable paid unless the CMS list it as a pass through item. Pass through items will be provided on the agency’s website, www.michigan.gov/wca. If an item is implanted during the surgical procedure and the ASC or FSOF bills the implant and includes the copy of the invoice, then the implant shall be reimbursed at the cost of the implant plus a percent markup as follows:

(a) Cost of implant: $1.00 to $500.00 shall receive cost plus 50%.

(b) Cost of implant: $500.01 to $1000.00 shall receive cost plus 30%.

(c) Cost of implant: $1000.01 and higher shall receive cost plus 25%.

(5) Laboratory services shall be reimbursed by the maximum allowable payment as determined in R 418.101503.

(6) When a radiology procedure is performed intra-operatively, only the technical component shall be billed by the facility and reimbursed by the carrier when allowed separate payment by CMS. The MAP for the technical component shall be published in the health care services ASC fee schedule. The professional component shall be included with the surgical procedure. Pre-operative and post-operative radiology services may be globally billed.

(7) When the freestanding surgical facility provides durable medical equipment, the items shall be reimbursed in accord with R 418.101003b.

PART 11. HOSPITAL PAYMENT RATIO

History

• History: 2005 AACS; 2006 AACS; 2008 AACS; 2010 AACS; 2014 AACS; 2017 AACS.

Mich. Admin. Code R 418.101101 Calculation and revision of payment ratio for Michigan hospitals {#sec-r-418.101101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101101}

Rule 1101. (1) The workers' compensation agency shall annually calculate and revise, under the provisions of 1969 PA 306, MCL 24.201 et seq. the payment ratios for all Michigan hospitals. The calculation shall be made using a hospital's most recent fiscal year information that is submitted to the Michigan department of health and human services, hospital and clinic reimbursement division, preceding each annual calculation. The information used shall be that reported to the Michigan department of health and human services on the hospital's statement of patient revenues and operating expenses, G2 worksheet. The workers' compensation agency shall complete the payment ratio calculation when the figures are available from the Michigan department of health and human services and shall annually provide the hospital ratio calculations on the agency’s website, www.michigan.gov/wca.

(2) The workers' compensation agency shall calculate a hospital's cost-tocharge ratio by dividing each hospital’s total operating expenses by total patient revenues as reported on the hospital's statement of patient revenues and operating expenses, G2 worksheet.

History

• History: 1998-2000 AACS; 2004 AACS; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 418.101102 Calculation and revision of payment ratio for hospitals outside Michigan {#sec-r-418.101102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101102}

Rule 1102. The workers' compensation agency shall annually calculate and revise, under the provisions of 1969 PA 306, as amended, being §24.201 et seq. of the MCL, at the same time as calculating Michigan hospitals' payment ratios, a weighted state average payment ratio to be used for hospitals that are located outside the state of Michigan. The payment ratio shall be calculated by dividing the total hospital operating expenses for Michigan by the total hospital patient revenues for Michigan as reported under R 418.1101(1).

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101103 Adjustments to hospital's payment ratio {#sec-r-418.101103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101103}

Rule 1103. (1) A hospital may apply to the agency for an adjustment of the hospital's maximum payment ratio.

(2) The hospital shall apply for an adjustment on a form and in a manner prescribed by the workers' compensation agency.

(3) If the agency determines that a hospital's ratio of total operating expenses to total patient revenues, as reported on the hospital's statement of patient revenues and operating expenses, G2 worksheet, for a hospital's most recent fiscal year is higher than the payment ratio calculated according to R 418.1101, so that the amount of underpayment is more than $100,000.00 or is equal to or greater than 2/10 of 1% of the hospital's operating expenses for the year, then the agency shall revise the payment ratio and shall notify the hospital and all carriers of the revised payment ratio within 45 days after the receipt of a properly submitted request for an adjustment.

(4) If a hospital's request for an adjustment to the hospital's payment ratio is denied by the workers' compensation agency, then a hospital may request reconsideration and appeal of the agency's action regarding the hospital's request for adjustment of its payment ratio.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101104 Request for adjustment to hospital's maximum payment ratio; agency's response {#sec-r-418.101104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101104}

Rule 1104. (1) Within 60 days of the agency's receipt of a hospital's request for adjustment to the hospital's maximum payment ratio, the workers' compensation agency shall notify the hospital of the action on the adjustment request and shall notify the hospital of the hospital's right to provide additional information to request reconsideration of the agency's action.

(2) The workers' compensation agency shall also furnish the hospital with an appeal form.

The appeal form shall include an explanation of the appeal process.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101105 Agency's action on request for adjustment of maximum payment ratio; hospital's appeal {#sec-r-418.101105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101105}

Rule 1105. (1) If a hospital is in disagreement with the action taken by the workers' compensation agency on its request for adjustment of the hospital's maximum payment ratio, then a hospital may, within 30 days of receipt of the agency's action on the hospital's request for adjustment to its maximum payment ratio, deliver or mail an appeal of the agency's action to the agency. The appeal shall include a detailed statement of the reasons for disagreement and shall request reconsideration of the agency's action on the hospital's request for adjustment.

(2) The workers' compensation agency shall hold a hearing within 30 days of the receipt of a hospital's appeal under section 847 of the act.

PART 12. CARRIER'S PROFESSIONAL HEALTH CARE REVIEW PROGRAM

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101201 Carrier's health care review program {#sec-r-418.101201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101201}

Rule 1201. (1) The carrier shall have both a technical health care review program and a professional health care review program.

(2) Health care review shall be conducted in a reasonable manner on bills submitted by a provider for health care services furnished because of a covered injury or illness arising out of and in the course of employment.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.101203 Carrier's technical health care review program {#sec-r-418.101203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101203}

Rule 1203. Under the technical health care review program, the carrier shall do all of the following:

(a) Determine the accuracy of the procedure coding. If the carrier determines, based upon review of the bill and any related material which describes the procedure performed, that the procedure is incorrectly or incompletely coded, then the carrier may re-code the procedure, but shall notify the provider of the reasons for the recoding within 30 days of receipt of the bill under part 13 of these rules.

(b) Determine that the amount billed for a procedure does not exceed the maximum allowable payment established by these rules. If the amount billed for a procedure exceeds the maximum allowable payment, then the carrier shall reimburse the maximum allowable payment for that procedure.

(c) Identify those bills and case records which, under R 418.101205, shall be subject to professional health care review.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.101204 Carrier’s professional health care review program {#sec-r-418.101204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101204}

Rule 1204. (1) A carrier may have another entity perform professional health care review activities on its behalf.

(2) The agency shall certify a carrier's professional health care review program pursuant to R 418.101206.

(3) The carrier shall submit a completed form entitled "Application for Certification of the Carrier's Professional Health Care Review Program" to the agency. If the carrier is a selfinsured employer or self-insured group fund, then the service company information shall be included on the form in addition to the carrier and review company information. In addition to the completed form, the carrier shall submit all of the following:

(a) The methodology used to perform professional review.

(b) A listing of the licensed, registered, or certified health care professionals reviewing the health care bills or establishing guidelines for technical review. In addition, the proof of current licensure and qualifications for the health care professionals shall be included with the completed application.

(c) A list of the carrier's peer review staff, including specialty.

(4) The workers’ compensation carrier as defined by these rules maintains full responsibility for compliance with these rules.

(5) The carrier shall determine medical appropriateness for the services provided in connection with the treatment of a covered injury or illness, using published, appropriate standard medical practices and resource documents. Utilization review shall be performed using 1 or both of the following approaches:

(a) Review by licensed, registered, or certified health care professionals.

(b) The application by others of criteria developed by licensed, registered, or certified health care professionals.

(6) The licensed, registered, or certified health care professionals shall be involved in determining the carrier's response to a request by a provider for reconsideration of its bill.

(7) The licensed, registered, or certified health care professionals shall have suitable occupational injury or disease expertise, or both, to render an informed clinical judgment on the medical appropriateness of the services provided.

(8) When peer review is utilized, a health care professional of the same specialty type as the provider of the medical service shall perform the review.

History

• History: 1998-2000 AACS; 2003 AACS; 2005 AACS; 2021 AACS.

Mich. Admin. Code R 418.101205 Scope of professional health care review {#sec-r-418.101205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101205}

Rule 1205. (1) The carrier, or it's review company, shall review case records and healthservice bills, or both, under the professional health care review program as follows:

(a) A case where health care service payments, excluding inpatient hospital care, exceed $20,000.00.

(b) A case involving inpatient hospital care.

(2) The carrier or other entity may at any time review any case record or bill which the carrier or the other entity believes may involve inappropriate, insufficient, or excessive care.

History

• History: 2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101206 Certification of professional health care review program {#sec-r-418.101206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101206}

Rule 1206. (1) The agency shall certify the carrier's professional health care review program.

(2) A carrier, or the reviewing entity on behalf of the carrier, shall apply to the agency for certification of a carrier's professional health care review program in the manner prescribed by the agency.

(3) A carrier shall receive certification if the carrier or the carrier’s review company provides to the agency a description of its professional health care review program and includes all of the information specified in R 418.101204. The agency shall send a copy of the certification of the carrier's review program to the carrier.

(4) The carrier shall submit to the agency for approval a copy of “The Carriers Explanation of Benefits" form utilized to notify providers of payment decisions.

History

• History: 2000 AACS; 2003 AACS; 2005 AACS; 2010 AACS; 2021 AACS.

Mich. Admin. Code R 418.101207 Types of certification {#sec-r-418.101207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101207}

Rule 1207. (1) Certification shall be either unconditional or conditional.

(2) The workers’ compensation agency shall issue unconditional certification for a period of 3 years.

(3) The agency may issue conditional certification if it is determined that the carrier or other entity does not fully satisfy the criteria in R 418.101206(3). If the carrier or other entity agrees to undertake corrective action, then conditional certification shall be granted by the agency for a maximum period of 1 year.

(a) If the workers’ compensation agency receives multiple written complaints regarding a carrier, or the carrier's review process, and the agency determines the complaints are valid, or that the carrier has not processed payment for medical services in accord with these rules, then the agency may issue conditional certification.

(4) The workers’ compensation agency may at any time modify an unconditional certification to a conditional certification if the agency determines that the carrier or other entity fails to satisfy the criteria set forth in R 418.101206(3).

(5) The carrier shall have the right to appeal the certification decisions under the procedures in these rules.

(6) Failure to file Annual Report (WC406) or Professional Certification for Health Care Review Program (WC590) may result in denial or downgrading of the certification of a Health Care Review Program by the workers’ compensation agency.

History

• History: 2000 AACS; 2005 AACS; 2012 AACS.

Mich. Admin. Code R 418.101208 Renewal of certification {#sec-r-418.101208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101208}

Rule 1208. (1) A carrier or other entity shall apply to the workers' compensation agency for renewal of certification in the manner prescribed by the agency, submitting the application within 90 days before the expiration date on the certification.

(2) A carrier or other entity shall receive renewal of certification upon receipt of an updated description of its program as specified in R 418.101206.

History

• History: 2000 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 418.101209 Carrier's request for reconsideration of professional review certification {#sec-r-418.101209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101209}

Rule 1209. (1) Within 30 days of the agency's denial of a carrier's request for professional review program certification, the agency shall notify the carrier of the reasons for denial of the certification and shall notify the carrier of its right to request reconsideration of the denial providing additional information.

(2) A carrier shall notify the agency, within 30 days of receipt of the professional review program certification denial, of its disagreement with the action of the agency. The carrier's notice to the agency of disagreement with the agency's denial shall include a detailed statement of the reasons for the disagreement and shall request reconsideration.

History

• History: 2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101210 Carrier's request for reconsideration of professional review program certification; response {#sec-r-418.101210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101210}

Rule 1210. (1) Within 30 days of receipt of a carrier's request for reconsideration of professional review program certification, the workers' compensation agency shall notify the carrier of the actions taken and shall furnish a detailed statement of the reasons for the action taken.

(2) The agency shall furnish the carrier with an appeal form. The appeal form shall include an explanation of the appeal process.

(3) If a carrier is in disagreement with the action taken by the agency on its request for reconsideration, then a carrier shall deliver or mail its appeal to the agency.

(4) The workers' compensation agency shall hold a hearing within 30 days of the receipt of a carrier's appeal of the agency's decision regarding certification of the carrier's professional review program under section 847 of the act.

PART 13. PROCESS FOR RESOLVING DIFFERENCES

BETWEEN CARRIER AND PROVIDER REGARDING BILL

History

• History: 2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101301 Carrier's adjustment or rejection of properly submitted bill {#sec-r-418.101301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101301}

Rule 1301. (1) If a carrier adjusts or rejects a bill or a portion of the bill, then the carrier shall notify the provider within 30 days of the receipt of the bill of the reasons for adjusting or rejecting the bill or a portion of the bill and shall notify the provider of its right to provide additional information and to request reconsideration of the carrier's action. The carrier shall set forth the specific reasons for adjusting or rejecting a bill or a portion of the bill and request specific information on a form, "Carrier's Explanation of Benefits," prepared by the agency pursuant to the reimbursement provisions in these rules.

(2) If the provider sends a properly submitted bill to a carrier and the carrier does not respond within 30 days, and if a provider sends a second properly submitted bill and does not receive a response within 60 days from the date the provider supplied the first properly submitted bill, then the provider may file an application with the agency for mediation or hearing. The provider shall send a completed form entitled "Application for Mediation or Hearing" to the agency and shall send a copy of this form to the carrier.

(3) The carrier shall notify the employee and the provider that the rules prohibit a provider from billing an employee for any amount for health care services provided for the treatment of a covered work-related injury or illness if that amount is disputed by the carrier under its utilization review program or if the amount is more than the maximum allowable payment established by these rules. The carrier shall request the employee to notify the carrier if the provider bills the employee.

History

• History: 2000 AACS; 2005 AACS; 2014 AACS.

Mich. Admin. Code R 418.101302 Provider's request for reconsideration of properly submitted bill {#sec-r-418.101302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101302}

Rule 1302. A provider may request reconsideration of its adjusted or rejected properly submitted bill by a carrier within 60 days of receipt of a notice of an adjusted or rejected bill or a portion of the bill. The provider's request to the carrier for reconsideration of the adjusted or rejected bill shall include a detailed statement of the reasons for disagreement with the carrier's adjustment or rejection of a bill or a portion of the bill.

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 418.101303 Provider's request for reconsideration of bill; carrier's response to provider's right to appeal {#sec-r-418.101303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101303}

Rule 1303. (1) Within 30 days of receipt of a provider’s request for reconsideration, the carrier shall notify the provider of the actions taken and provide a detailed statement of the reasons. The carrier’s notification shall include an explanation of the appeal process provided under these rules, including the fact that any requested administrative appeal hearing shall be conducted by a director’s representative, a magistrate, or both.

(2) If a provider disagrees with the action taken by the carrier on the provider's request for reconsideration, then a provider may file an application for mediation or hearing with the agency.

A provider shall send its application for mediation or hearing to the agency within 30 days from the date of receipt of a carrier's denial of the provider's request for reconsideration. The provider shall send a copy of the application to the carrier.

(3) If, within 60 days of the provider's request for reconsideration, the provider does not receive payment for the adjusted or rejected bill or a portion of the bill, or a written detailed statement of the reasons for the actions taken by the carrier, then the provider may apply for mediation or hearing. The provider shall send the application for mediation or hearing to the agency and shall send a copy to the carrier.

History

• History: 2000 AACS; 2005 AACS; 2012 AACS; 2021 AACS.

Mich. Admin. Code R 418.101304 Disputes {#sec-r-418.101304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101304}

Rule 1304. (1) If a carrier adjusts or rejects a bill or a portion of a bill under these rules, then a notice given under R 418.101301(1) creates an ongoing dispute for the purpose of section 801 of the act. The time for making payment of a bill under section 801 of the act shall not run unless the bill is properly submitted according to applicable rules and statutes.

(2) Any dispute that concerns any of the following shall be resolved as if an application for mediation or hearing was filed under section 847 of the act:

(a) The medical appropriateness of health care or a health care service.

(b) Utilization of health care or a health care service.

(c) The need for health care or a health care service.

(d) Any dispute over the cost of health care or a health care service.

(3) If the dispute results in the denial of medical treatment for a worker, or if there is a petition by an employer to stop the employer's liability for medical benefits previously ordered, including proceedings under subrule (6) of this rule, then the dispute shall receive the same expedited treatment accorded to 60-day cases under section 205 of the act, except that the agency may refer the matter to mediation before a representative of the director.

(4) A dispute under this rule may be submitted to arbitration under section 864 of the act.

(5) A dispute under this rule may be handled as a small claim under section 841(2) to (10) of the act if it meets the requirements of that section.

(6) If a carrier is required by the terms of an award to provide medical benefits, then the carrier shall continue to provide those benefits until there is a different order by any of the following entities:

(a) A magistrate.

(b) The appellate commission.

(c) The court of appeals.

(d) The supreme court. This subrule does not preclude the use of the maximum allowable payments provided by these rules for the payment of bills by carriers. If a carrier files an application to stop or limit its liability under this subrule, the carrier shall receive the expedited treatment provided for under subrule (3) of this rule.

(7) If the director believes that a provider is not in compliance with these rules, then the director may on his or her own motion give notice to the parties and schedule a hearing for the purpose of determining compliance.

History

• History: 2000 AACS; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 418.101305 Resolution of disputes {#sec-r-418.101305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101305}

Rule 1305. (1) If a carrier adjusts a fee or rejects a bill under these rules, then a notice given pursuant to R 418.101301 creates a continuing dispute for the purpose of section 801 of the act. The time for making payment of a bill under section 801 of the act shall not run unless the bill is properly submitted according to applicable rules and statutes.

(2) A magistrate, as provided under sections 315 and 847 of the act and R 408.34 and R 408.35, shall resolve any dispute that concerns any of the following:

(a) The medical appropriateness of health care or a health care service.

(b) Utilization of health care or a health care service.

(c) The need for health care or a health care service.

(d) Any dispute over the cost of health care or a health care service.

(3) The agency may participate in any hearings that concern disputes when there is an issue that affects the provisions of these rules regarding maximum fees, medical appropriateness, or utilization of health care or health care services.

PART 14. DATA ACQUISITION

History

• History: 2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101401 Annual medical payment report {#sec-r-418.101401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101401}

Rule 1401. (1) Payments for medical services received by injured workers shall be reported to the workers' compensation agency on a form prescribed by the agency entitled "Annual Medical Payment Report (WC-406)." The agency shall provide instruction to the carriers and service companies regarding completion of the form. The annual medical payment report shall cover the periods January 1 through December 31 and shall include all of the following information:

(a) The total number of medical payments for health care services for medical cases, wage loss cases, and the carrier's total number of worker's compensation cases in each category during the reporting period.

(b) Medical only cases, defined as those cases where no indemnity was paid, and the total medical payments made by the carrier for those cases.

(c) Wage loss cases, defined as those cases in which wage loss or indemnity was paid, and the total medical payments made by the carrier for those cases. For the purposes of this annual medical payment report, once wage loss benefits are paid, then the case shall always be reported as wage loss.

(d) For the purpose of the Annual Medical Payment Report (WC-406), “medical services” is defined as all reasonable medical, surgical, and hospital services and medicines, or other attendance or treatment recognized by the laws in this state as legal, and furnished by licensed practitioners within the scope of their practice. The report shall not include indemnity payments, travel expenses, payments for independent medical examinations, legal expenses, vocational rehabilitation, or on-site or telephonic case management expenses.

(2) The annual medical payment report (WC-406) shall be due to the agency by February 28 of each year. Form WC-406 is an online report and must be completed via the Health Care Services Online Program provided on the agency’s website, www.michigan.gov/wca.

(3) A carrier, self -insured, or group shall submit required forms either directly or through a third-party vendor, to the agency at such time as the director deems appropriate. The forms required are both of the following:

(a) Certification of a carrier's professional health care review program (form WC590).

(b) Annual medical report (WC406).

History

• History: 1998-2000 AACS; 2005 AACS; 2010 AACS; 2014 AACS.

Mich. Admin. Code R 418.101402 Access to workers' compensation case records {#sec-r-418.101402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101402}

Rule 1402. (1) The workers' compensation agency shall have access to necessary workers' compensation health care records, medical bills, and other information concerning health care or health service from workers' compensation carriers or providers.

(2) The agency may review the records and medical bills of any provider determined by a carrier to not be in compliance with the rules or to be requiring unjustified treatment, hospitalization, or office visits. If a carrier requests the agency to perform an onsite review of specific records and medical bills of a provider, then the agency shall arrange a mutually acceptable visit date with the provider, by telephone or in writing, at least 15 working days before the visit. The agency shall confirm the date of the visit in writing not less than 10 working days in advance. The agency shall, by that time, identify for the provider the records, which the agency wishes to review. The records shall remain at the provider's place of business.

(3) The workers' compensation agency shall ensure confidentiality of the individual case records regarding health care services provided to any individual.

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101404 Access to carrier data for payment of medical claims {#sec-r-418.101404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101404}

Rule 1404. (1) The workers' compensation agency shall have access to payment data from the carrier in the form of the carrier's explanation of benefits and medical bills for the purposes of data analysis.

(2) A carrier shall be notified by the agency when information is to be submitted not less than 60 days before the date required.

(3) The agency shall ensure confidentiality of the billing records provided by the selected carriers.

PART 15 PROCEDURE CODE AND REIMBURSEMENT TABLES

History

• History: 1998-2000 AACS; 2005 AACS.

Mich. Admin. Code R 418.101501 Tables for health care services and procedures {#sec-r-418.101501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101501}

Rule 1501. The agency shall provide separate from these rules a manual, tables, and charts containing all of the following on the agency’s website, www.michigan.gov/wca:

(a) Procedure codes and relative value units for the medical, surgical, and radiology services.

(b) Reference to the ancillary services identified in the HCPCS Level II codebook as adopted by reference in R 418.10107.

(c) Maximum payment ratios for hospitals.

(d) A copy of the billing forms and instructions for completion.

History

• History: 1998-2000 AACS; 2001 AACS; 2003 AACS; 2005 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 418.101502 Rescinded {#sec-r-418.101502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101502}

History

• History: 2003 AACS; 2005 AACS; 2007 AACS.

Mich. Admin. Code R 418.101503 Laboratory procedure codes and maximum allowable payments {#sec-r-418.101503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101503}

Rule 1503. (1) The workers' compensation agency shall determine the maximum allowable payment for the laboratory procedure codes found in the CPT and HCPCS codebooks, as adopted by reference in R418.10107. The rate shall be determined by multiplying the Medicare rate established for this state by 110%.

(2) The pathology procedure codes found in the 80000 series of the CPT code set have assigned relative values and shall be provided on the agency’s website at www.michigan.gov/wca.

(3) The maximum allowable payments for the laboratory and pathology procedures shall be provided on the agency’s website, www.michigan.gov/wca.

(4) A provider performing drug testing, drug screening, and drug confirmation testing shall use the appropriate procedure codes G0480-G0483, G0659, or 80305-80307 listed in the HCPCS or CPT codebook, as adopted by reference in R418.10107. A maximum of one service unit per procedure code per date of service shall be billed with these codes.

History

• History: 2003 AACS; 2005 AACS; 2014 AACS; 2017 AACS; 2018 AACS.

Mich. Admin. Code R 418.101504 Rescinded {#sec-r-418.101504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 418.101504}

History

• History: 2003 AACS; 2004 AACS; 2006 AACS; 2007 AACS; 2009 AACS.

Unemployment Insurance Agency Unemployment Insurance Agency

R 421.1 to R 421.302 Employment Security

Mich. Admin. Code R 421.1 Definitions {#sec-r-421.1 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.1}

CONSUMER AND INDUSTRY SERVICES

UNEMPLOYMENT AGENCY DIRECTOR'S OFFICE

EMPLOYMENT SECURITY

(By authority conferred on the director of the department of consumer and industry services by section 4 of 1936 extra session PA 1, MCL 421.4 and Executive Orders Nos. 1995-8 and 1997-12, MCL 421.93 and 421.94)

PART 1. ADMINISTRATION

Rule 1. As used in these rules:

(1) "Act" means the Michigan employment security act, Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being §§421.1 to 421.75 of the Michigan Compiled Laws.

(2) "Agency" means the state of Michigan, unemployment agency.

History

• History: 1999-2000 AACS.

Mich. Admin. Code R 421.10 Disclosure of information {#sec-r-421.10 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.10}

Rule 10. (1) All information, files, and records of the Michigan employment security commission reflecting information obtained from an employing unit or individual pursuant to administration of the act by the commission or its agents or representatives shall be held confidential and shall not be disclosed nor open to public or private inspection by anyone, except as hereinafter provided.

(2) Such information in possession of the commission as may affect a claim for benefits, affect a charge to an employer's account, or be necessary for proper presentation of a case in any hearing before the commission, a referee, or the board of review, upon request by an interested party, shall be made available to such interested party for examination at an office of the commission by him or his duly authorized representative who has supplied the commission with satisfactory proof of authorization and identity. Copies of such information shall be furnished to the interested party upon request, pursuant to Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act. A duly licensed attorney-at-law who states that he represents a claimant or an employing unit that is an interested party is not required to furnish proof of authorization.

(3) No information shall be released to any of the agencies, bureaus, or departments specified in section 11(b) of the act, unless a written request has been first submitted to the commission stating the specific information desired, the specific purpose for which the information is to be used, and the name of any person authorized by the principal to receive the information from the commission.

(4) Information shall be released to a college, university, and public agency of this state only as specified in section 11(b) of the act for use in connection with research projects of a public service nature and only after a written request, signed by the administrative head, or his delegated representative, of the college, university, or public agency, as required by the commission, is submitted to the commission and the commission is assured the information shall not be made public in any way identifying any individual or employing unit from or concerning which the information was obtained by the commission. The request shall contain a complete statement as to the nature of the information requested, the public service objective for which the request has been made, the prospective use of the information, and the manner in which it will be made public.

(5) The individual signing the request for confidential information shall certify to all of the following:

(a) That the requested information is for and to be used by the college, university, or public agency pursuant to the relevant provisions in the act.

(b) That he is empowered by the college, university, or public agency he represents to commit his principal for expenses which may be incurred by the commission in fulfilling the request.

(c) If reports based on the information are to be published, the college, university, or public agency shall submit the reports to the commission for review so that the commission may ascertain and assure that the confidentiality provisions of the act or applicable federal statutes or standards are not violated.

(d) That he is aware of the penalties provided in the act for the unauthorized or improper use of the information.

(6) The commission shall decide the feasibility of supplying such information based on the staff time available and the current workload of the commission and shall require reimbursement on a cost basis for supplying or preparing the information.

(7) Nothing in this rule shall be construed to prohibit publication by the commission of statistical data or other information in the interest of the public, not disclosing the identity of any individual or employing unit, or under the same limitation, to prohibit the commission, pursuant to section 4 of the act, from making available to the public upon request, statements of any and all informal rules or criteria of decisions, administrative policies, or interpretations and the like which are or may be utilized by the commission, its agents, or employees in any manner in the performance of their administrative duties. With regard to the disclosure of aggregated information obtained from employing units, information shall be deemed confidential if there are fewer than 3 establishments in the aggregation or if any 1 establishment represents 80% or more of the total employment in the aggregation.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.15 Determination of normal seasonal work period of seasonal employer {#sec-r-421.15 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.15}

Rule 15. (1) The normal seasonal work period of a seasonal employer shall be determined by the agency to be the period selected by the employer if the period is not more than 26 weeks and falls within the earliest beginning and latest ending dates of the employer's work seasons in the previous 5 years or in as many years as the employer has operated the business in Michigan if less than 5 years or is within the expected seasonal work period if the employer has not operated the business in Michigan.

(2) If the employer does not request designation of a period as the normal seasonal work period, then the agency shall determine the normal seasonal work period to be the entire period falling within the earliest beginning and latest ending dates of the employer's work seasons in the previous 5 years or in as many years as the employer has operated the business in Michigan if less than 5 years or to be the employer's expected seasonal work period if the employer has not operated the business in Michigan. If, however, the period is more than 26 weeks, then the normal seasonal work period shall be the most recent seasonal period of the employer that is not more than 26 weeks.

(3) The determination shall be based on all of the following information:

(a) A statement from the employer indicating the beginning and ending dates of the employer's seasonal work periods in Michigan for each of the previous 5 calendar years or for as many years as the employer has operated the business if less than 5 years. If an employer has not previously operated the business in Michigan, then the agency shall obtain, from the employer, a statement of the employer's expected seasonal work period.

(b) A statement from the employer indicating the period the employer requests to designate as the normal seasonal work period, if any.

(c) General employment information about the employer that is in the possession of the agency and, if necessary, further clarifying information requested from the employer.

(4) After a work period has been determined by the agency, the employer's normal seasonal work period will not be redetermined by the agency unless the agency discovers relevant new information, or unless not less than 20 days before the start of the previously determined normal seasonal work period at least 1 of the following provisions is satisfied:

(a)The agency receives a request from an employer for a change that gives reasons for making the request, and the request is granted by the agency. The agency shall grant the request if the employer's reason for making the request is that there has been a substantial change in the operation of the business that necessitates changing the normal seasonal work period.

(b) The employer provides the agency with information about the employer's most recent seasonal work period, when the prior determination or redetermination was based on a history of less than 5 years of operating the business in Michigan or was based on the employer's expected seasonal work period.

(5) If the normal seasonal work period is redetermined, then the new normal seasonal work period will be used to establish denial periods beginning after the end of the newly redetermined normal seasonal work period.

PART 2. EMPLOYERS

History

• History: 1996 AACS; 2002 AACS.

Mich. Admin. Code R 421.101 Report to determine liability {#sec-r-421.101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.101}

Rule 101. Every individual or legal entity that becomes an "employing unit" as defined in section 40 of the act shall, on or before the last day of the month next following the month during which it became an employing unit, file with this commission a "Report to Determine Liability" and such additional reports as the commission may require for the purpose of determining whether it is an "employer" as defined in section 41 of the act. Every "employing unit" that is determined to be an "employer" shall be notified of such determination.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.105 Posting of notice of coverage {#sec-r-421.105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.105}

Rule 105. (1) Every "employing unit" determined to be an "employer" shall post and maintain notices furnished by the commission indicating that the employer is registered with the commission and that the employees are covered for unemployment compensation purposes.

(2) The notices shall be conspicuously posted in easily accessible places frequented by employees. However, posting is not required in a private residence in which the only service performed is domestic; instead, the employer shall inform the domestic employee of the fact that the employer is registered with the commission.

(3) An employing unit not determined liable under the act shall not display the notice.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.112 Determination of cash value of room and board {#sec-r-421.112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.112}

Rule 112. (1) If board, rent, housing, lodging, meals, or similar advantage is extended in any medium other than cash as partial or entire remuneration for service constituting "employment" as defined in section 42 of 1936 PA 1, MCL 421.42, then the reasonable cash value of the board, rent, housing, lodging, meals, or similar advantage is wages unless the board, rent, housing, lodging, meals, or similar advantage is furnished solely for the convenience of the employer. However, for purposes of this rule, payments in any medium other than cash shall not apply to agricultural or domestic service, except for purposes of subrule (7) of this rule.

(2) If the cash value for the board, rent, housing, lodging, meals, or similar advantage is agreed upon in any contract of hire, then the amount agreed upon is the value of the board, rent, housing, lodging, meals, or similar advantage. Check stubs, pay envelopes, and other documents which are furnished to employees and which set forth cash value are acceptable as evidence as to the amount of the cash value agreed upon in any contract of hire, except as provided in subrules (4) and (6) of this rule.

(3) If the cash value for board, rent, housing, lodging, meals, or similar advantage is not agreed upon in a contract of hire, then the rate for board, rent, housing, lodging, meals, or similar advantage furnished in addition to money wages or wholly comprising the wages of an employed individual shall have the following cash value, except as provided in subrules (4) and (6) of this rule:Full board and room, per week...........$64.96 Meals without lodging, per week......... 44.66 Meals without lodging, per day.......... 7.45 Meals without lodging, per meal......... 2.29 Lodging without meals, per week..........20.87 Lodging without meals, per day........... 3.22 However, if lodging is furnished, for example, to superintendents of properties, caretakers, and janitors, then the value of the lodging shall be the amount that would be paid by an employee for similar or equivalent accommodations furnished by an individual other than his or her employer.

(4) At the request of any employer or employee or on its own motion, the agency or its authorized agent, may after the expiration of a 1-year period from the effective date of this rule and after affording reasonable opportunity at a hearing for the submission of relevant information in writing or in person, determine the reasonable cash value of board, rent, housing, lodging, meals, or similar advantage in a particular instance or in a group of instances if it is determined that the values fixed in, or arrived at, under subrule (3) of this rule or in the contract of hire do not properly reflect the reasonable cash value of the remuneration.

(5) The agency shall adjust the cash values in subrule (3) of this rule annually on March 1, based on a comparison of the United States department of labor, bureau of labor statistics, consumer price index for urban wage earners and clerical workers for Detroit-Ann Arbor, Michigan, for the preceding December with the corresponding United States department of labor, bureau of labor statistics, consumer price index for urban wage earners and clerical workers for Detroit-Ann Arbor, Michigan, for the December preceding that December.

(6) Except as provided in subrule (4) of this rule, if the agency determines that the reasonable cash value of board, rent, housing, lodging, meals, or similar advantage is other than as prescribed in a contract of hire or in subrule (3) of this rule, then the employer's payroll and contribution reports to the agency shall show the value of the remuneration as determined by the agency.

(7) For the purpose of determining whether an individual is "unemployed" as defined in section 48 1936 PA 1, MCL 421.48, the reasonable cash value of board, rent, housing, lodging, meals, or similar advantage as compensation for personal services shall also be established pursuant to this rule.

History

• History: 1979 AC; 1980 AACS; 1986 AACS; 1998-2000 AACS; 2001 AACS.

Mich. Admin. Code R 421.113 Rescinded {#sec-r-421.113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.113}

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS.

Mich. Admin. Code R 421.115 Records required of employing unit {#sec-r-421.115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.115}

Rule 115. (1) Each employing unit having employment performed for it shall establish, maintain, and preserve such records for a period of not less than 6 years after the calendar year in which the remuneration to which they relate was paid or, if not paid, was due. Such records shall show all of the following for each worker:

(a) Name.

(b) Social security account number.

(c) Beginning and ending dates of each pay period.

(d) With respect to pay periods in which he performs services:

(i) Hours spent performing covered services.

(ii) Hours spent performing excluded services.

(e) Total amount of remuneration for employment paid in any quarter.

(f) Total amount of wages, as defined in section 44(2) of the act, paid in any quarter.

(g) Dates on which he was hired, rehired, or returned to work after a temporary layoff, and dates separated from work and reason therefor.

(h) Remuneration paid for services and dates of payment, showing separately:

(i) Cash remuneration, including special payments, such as bonuses and gifts.

(ii) Reasonable cash value of remuneration in any medium other than cash, determined pursuant to the applicable rules of the commission, including special payments, such as bonuses and gifts.

(i) Amounts paid him as allowances or reimbursement for traveling or other business expenses and dates of payment.

(j) The place of his employment. For the purpose of this record, the place of employment shall be recorded as the city or township and county in which he performs his work. The place of employment of a worker who does not perform the majority of his work in any 1 city or township shall be recorded as the city or township and county of Michigan in which he has his base of operations; or, if he has no base of operation in Michigan, as the city or township and county in Michigan from which his service is directed or controlled; or, if the place from which his service is directed or controlled is also outside Michigan, as the city or township and county within Michigan in which he has his residence.

(2) Records shall be maintained by employing units in such form as to make it possible to determine all of the following from an inspection thereof with respect to any worker:

(a) Earnings by calendar weeks.

(b) Weeks of less than full-time work.

(c) Time lost due to reasons other than lack of work.

(d) Calendar days worked.

( 3) Multicounty employers and, as defined by the commission, multi-industry employers within a county shall, upon request from the commission, maintain wage and employment information for each location.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.121 Employer contribution reports and payments {#sec-r-421.121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.121}

Rule 121. (1) Except as provided in subrule (4) of this rule, contributions shall become due and payable quarterly with respect to wages paid in each calendar quarter, except that the agency may require contributions to become due and payable on a monthly basis in any instance in which an employer has a history of delinquency or in any instance in which the agency has reason to believe that the collection of contributions may otherwise be jeopardized.

(2) Each employer shall submit a contribution report on forms provided by the agency, or on facsimiles of forms approved by the agency, or by an electronic method approved by the agency. Except as provided in subrule (4) of this rule, an employer shall submit a quarterly report and pay the contributions due on wages paid during the calendar quarter on or before the twenty-fifth day of the month next following the last day of the calendar quarter or, if required by the agency, shall submit a monthly report and pay the contributions due on wages paid during the calendar month on or before the twenty-fifth day of the month next following the last day of the month for which the report is submitted. If the contribution report is submitted by an electronic method approved by the agency, it must be received by the agency within the same time period that applies to a report submitted by any other method. Contributions paid after the due date specified in this subrule but before the first business day of the calendar month beginning after the due date specified in this subrule shall not accrue interest. Contributions paid after the last day of the calendar month containing the due date specified in this subrule shall accrue interest beginning the day after the due date specified in this subrule. Payment of contributions may be made by any means approved by the agency.

(3) An employer who is notified by the agency to report and pay contributions on a calendar month basis shall file the report and pay the contributions due with respect to wages paid in the month that the notice is mailed by the agency. Further, the employer shall, within 25 calendar days after mailing the notice, file separate monthly contribution reports and pay contributions due with respect to wages paid in each previously completed calendar month in the particular quarter in which the notice is mailed.

(4) Each school district and community college district that elects to be a contributing employer and that is liable for contributions for a calendar year shall pay the contributions within 30 calendar days after the start of its next fiscal year after the calendar year. Within the time period in subrule (2) of this rule, a school district or community college district that becomes a contributing employer shall submit a contribution report on forms provided by the agency or on facsimiles of forms approved by the agency. However, the district shall make payment under this subrule.

(5) Any remuneration payable to an individual that has not been actually paid to the individual within 21 calendar days after the end of the pay period in which the remuneration was earned is deemed to have been paid on the twenty-first day after the end of the pay period. Remuneration, the exact amount of which or the persons to whom payable, or both, have not been determinable during any pay period, is considered to have been earned in the pay period in which both the amount and the persons to whom payable are first determinable.

(6) The following person, as appropriate, shall sign the certification on each contribution report:

(a) The individual, if the employer is an individual.

(b) The president, vice president, or other officer, if the employer is a corporation.

(c) A responsible or duly authorized member having knowledge of its affairs, if the employer is a partnership or other unincorporated organization.

(d) An individual who possesses the necessary authority, if the employer is a governmental entity.

(7) An employing unit that at any time becomes a contributing employer under the provisions of the act during the course of any calendar year shall, immediately after becoming a contributing employer, prepare and file a contribution report for each then completed calendar quarter or each then completed calendar month if required by the agency within the calendar year. After filing the initial contribution report, the contributing employer shall file the reports as required by this rule.

(8) An employing unit that elects, under the provisions of section 25 of the act, to become a contributing employer shall, upon written approval of the election by the agency, file the required reports, including a contribution report for all completed calendar quarters, or calendar months if required by the agency, beginning with the effective date of liability as approved by the agency.

(9) Upon the discontinuance, sale, assignment, or transfer, whether voluntary or by operation of law, of the trade, organization, or business in Michigan of a contributing employer, other than a school district or community college district, contributions shall become immediately due and payable as of the date of the discontinuance, sale, assignment, or transfer. Within 15 calendar days of the date of discontinuance, sale, assignment, or transfer, the employer shall file with the agency all reports required by this rule for the part of the calendar month or calendar quarter that has elapsed since the last day of the preceding required reporting period. In the case of a school district or a community college district, the reporting requirements specified in this subrule shall apply, but a district shall pay contributions due under subrule (4) of this rule.

(10) The last return of a contribution report for any employer shall be marked "Final Return" by the employer or other person filing the return. An employer shall plainly write the period covered by the return on the return, indicating the date of the final payment of wages subject to contributions. Except for a contributing employer who elects to become a reimbursing employer, in addition to the other requirements of this subrule, an employer shall execute and file a "discontinuance or disposition of business or assets."

(11) An employer shall execute and file each return, together with any supporting data, including wage and employment information, pursuant to instructions and the applicable rules. Further, upon notification from the agency, a multicounty employer and, as defined by the agency, a multiindustry employer within a county shall report wage and employment information for each location. An employer shall apply to the agency for the forms needed in time to have the employer's returns prepared, certified, and filed with the agency on or before the due date. An employer shall carefully prepare the return so as to set forth fully and clearly the data called for in the return. The agency shall not accept, as meeting the requirements of the act, a return that does not set forth the data fully and clearly. Each employer is required to file his or her own report with respect to wages for employment performed for the employer. Employers shall not file consolidated reports of parent and subsidiary corporations, except as permitted by R 421.190 with regard to a common paymaster arrangement.

History

• History: 1979 AC; 1980 AACS; 1999-2000 AACS; 2002 AACS.

Mich. Admin. Code R 421.122 Reimbursing employer reports and payments {#sec-r-421.122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.122}

Rule 122. (1) Each reimbursing employer shall submit a quarterly report of total wages and monthly employment on a form provided by the agency, or by an electronic method approved by the agency. The quarterly report shall be submitted on or before the twenty-fifth day of the month next following the last day of each calendar quarter.

(2) Upon notification from the agency, multicounty employers and, as defined by the agency, multiindustry employers within a county shall be required to report wage and employment information for each location.

(3) Each nonprofit employer that elects to be a reimbursing employer and that is liable for quarterly reimbursement payments shall submit such payments within 30 days after the mailing date of the quarterly billing of benefit charges. Payment of reimbursements may be made by any means approved by the agency.

(4) Each reimbursing governmental entity that is liable for reimbursement payments for a calendar year shall submit such payment within 30 days after the start of its next fiscal year after such calendar year. Each employer shall receive a quarterly summary statement of daily charges and credits.

History

• History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 421.123 Good cause for untimely filing of employer's quarterly contribution report {#sec-r-421.123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.123}

Rule 123. Good cause under section 18(d) of Act No. 1 of the Extra Session of 1936, as amended, being S421.18(d) of the Michigan Compiled Laws, for an employer's failure to file a quarterly contribution report within 30 days after the date that the contribution rate is mailed by the agency to the employer includes, but is not limited to:

(a) A deliberate and intentional failure by an employee or other agent of the employer to file the contribution report or reports. (b) The death or incapacity of the employer, the employer's employee, or other agent of the employer that prevents the timely filing of the contribution report or reports.

(c) An unavoidable absence from the workplace of the employer, the employee of the employer, or other agent of the employer that prevents the timely filing of the contribution report. Reasons for unavoidable absence include service on jury duty or service in the military of the United States or in the Michigan national guard.

(d) The unavailability, due to extraordinary reasons, of information needed to complete the contribution report. Extraordinary reasons for the unavailability include fire, flood, natural disaster, or an act of God.

(e) An employer's, employer's employee's, or employer's agent's inadvertent filing, in a timely manner, of the contribution report with a state or federal taxing authority other than the employment security agency.

(f) The failure of a business or governmental agency entrusted with the delivery of mail to deliver the determination of the contribution rate to the employer within a reasonable period or to deliver the employer's completed quarterly contribution report to the employment security agency within a reasonable period.

(g) The failure of a predecessor employer to file 1 or more quarterly contribution reports in a timely manner which results in a higher contribution rate or a penalty, or both, for the successor employer and, within 1 year from the date of mailing the determination of the contribution rate to the successor, either the successor employer files, with the employment security agency, a copy of the missing report or reports signed by the predecessor employer or the authorized agent of the predecessor employer or else an auditor of the employment security agency prepares and files the report or reports based on the records of the predecessor employer.

History

• History: 1995 AACS.

Mich. Admin. Code R 421.162 Charges and credits to employer accounts {#sec-r-421.162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.162}

Rule 162. (1) If benefits are chargeable to an employer, then the agency shall notify the employer with respect to the employer's account as follows:

(a) When a benefit check is issued to an individual, the agency shall mail, to the employer whose account is charged with such benefits, a listing or facsimile of weekly charges and credits to the employer's account resulting from the issuance of the check. The listing shall show all of the following information:

(i) The name and social security account number of the payee.

(ii) The amount paid.

(iii) The date of issuance.

(iv) The calendar week or period for which benefits have been paid.

(v) The designation of the employer.

(b) Each listing or facsimile of weekly charges and credits to an employer's account issued to an employer pursuant to the provisions of subdivision (a) of this subrule shall, in the absence of a pending protest by the employer affecting the validity of benefit payments included in the statement, constitute a determination of the charge to the employer's account. The determination is final unless further proceedings are taken pursuant to section 32a of the act.

(c) The agency shall mail a quarterly statement consisting of a summary listing of charges and credits to each reimbursing employer for billing and reconciliation purposes. The agency shall mail a quarterly statement consisting of a summary listing of charges and credits to each contributing employer for reconciliation purposes. Quarterly statements shall be subject to review and redetermination by the agency as to the accuracy of the statement only if the employer requests the review and redetermination within 30 days after the date of mailing of the quarterly statement.

(2) If benefits are simultaneously chargeable to more than 1 employer, then the agency shall charge each employer the pro rata share of benefits based on wages paid to the claimant during the base period by that employer as compared to total base period wages paid to the claimant by all base period employers. Training benefits paid pursuant to a determination that benefits are chargeable to more than 1 reimbursing employer, or to 1 or more reimbursing employers and the nonchargeable benefits account, shall be allocated to each reimbursing employer involved and charged as of the quarter in which payments are made. Extended benefits paid, and not reimbursed by the federal government, pursuant to a determination that benefits are chargeable to more than 1 employer shall be allocated to each employer involved and charged as of the quarter in which payments are made. Training benefits shall be allocated to each reimbursing employer involved in the individual's base period of the claim to which benefits are related on the basis of the ratio that the total wages paid during the base period by a reimbursing employer bears to the total amount of wages paid during the base period by all employers. Extended benefits, to the extent not reimbursed by the federal government, shall be allocated to each employer involved in the individual's base period of the claim to which benefits are related on the basis of the ratio that the wages paid during the base period by an employer bears to the total amount of wages paid during the base period by all employers. Benefits paid under a combined wage plan, where a claimant has earned wages in 2 or more states, shall be allocated and charged to each employer involved in the quarter in which the paying state requires reimbursement. Charges to each employer involved shall bear the same ratio for benefits paid to a claimant as the amount of each employer's wages in the base period bears to the total amount of claimant's base period wages. Benefits paid under a federal-state combined wage plan, where a claimant earns wages with the federal government and a Michigan employer, shall be allocated and charged to each employer involved and charged as of the quarter in which payments are made. Charges to each employer involved shall bear the same ratio for benefits paid to a claimant as the amount of each employer's wages in the base period bears to the total amount of claimant's base period wages.

(3) The deductions from charges as provided in sections 20(a) and 20a of the act shall be in the form of credits to the employer's account. The agency shall mail listings of weekly charges and credits to the employer's account to the employer.

(4) If the agency finds that benefits paid and charged to an employer's account were improperly paid or charged, then the agency shall credit an amount equal to the charge based on such benefits to the employer's account as of the current period, except that the agency may consider the employer's request that the credit be made as of the quarter in which the charges were originally made, if the request is filed within 30 days after the mailing of the credit or within 30 days after the mailing of the contribution rate for the first calendar year which can be affected by the requested retroactive credit. However, if the employer files a request within 30 days of the mailing of a credit which, in combination with 1 or more preceding similar credits, is sufficient to change a contribution rate if the credits are given retroactive effect, then the request is considered as filed in a timely manner with respect to all such credits.If the allowance of retroactive credit affects contributions previously paid within the meaning of the provisions of section 16 of the act, then the agency shall make application for the credits not later than 3 years after the date of payment of the affected contributions. In the absence of an intentional false statement, misrepresentation, or concealment of a material fact by a claimant, the agency shall not issue credit to an employer where improper payment was made because of the employer's failure to furnish information in a timely manner in connection with a new or additional claim as provided in section 32(b) of the act.

(5) Charges and credits to the federal government as a reimbursing employer shall be issued pursuant to methods prescribed by the federal government.

History

• History: 1979 AC; 1980 AACS; 1986 AACS; 2001 AACS.

Mich. Admin. Code R 421.184 Employer elections to cover multistate workers {#sec-r-421.184 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.184}

Rule 184. (1) The following rules shall govern the Michigan employment security commission in its administrative cooperation with other states subscribing to the interstate reciprocal coverage arrangement, hereinafter referred to as "the arrangement."

(2) As used in this rule, unless the context clearly indicates otherwise:

(a) "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

(b) "Interested jurisdiction" means any participating jurisdiction to which an election submitted under this rule is sent for its approval; and "interested agency" means the agency of such jurisdiction.

(c) "Jurisdiction" means any state of the United States or, with respect to the federal government, the coverage of any federal unemployment compensation law.

(d) "Participating jurisdiction" means a jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not terminated.

(e) "Services customarily performed by an individual in more than 1 jurisdiction" means services performed in more than 1 jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than 1 jurisdiction, or if such services are required or expected to be performed in more than 1 jurisdiction under the election.

(3) The submission and approval of coverage elections under the interstate reciprocal coverage arrangement shall comply with all of the following:

(a) Any employing unit may file an election to cover, under the law of a single participating jurisdiction, all of the services performed for it by any individual who customarily works for it in more than 1 participating jurisdiction. Such an election may be filed, with respect to an individual, with any participating jurisdiction in which:

(i) Any part of the individual's services are performed.

(ii) The individual has his residence.

(iii) The employing unit maintains a place of business to which the individual's services bear a reasonable relation.

(b) The agency of the elected jurisdiction, thus selected and determined, shall initially approve or disapprove the election. If such agency approves the election, then it shall forward a copy thereof to the agency of each other participating jurisdiction specified thereon, under whose unemployment compensation law the individual or individuals in question might, in the absence of such election, be covered. Each such interested agency shall approve or disapprove the election as promptly as practicable and shall notify the agency of the elected jurisdiction accordingly. If its law so requires, any such interested agency may, before taking such action, require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.

(c) If the agency of the elected jurisdiction or the agency of any interested jurisdiction disapproves the election, then the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reasons therefor.

(d) Such an election shall take effect as to the elected jurisdiction only if approved by its agency and by 1 or more interested agencies. An election thus approved shall take effect, as to any interested agency, only if it is approved by such agency.

(e) In case any such election is approved only in part or is disapproved by some of such agencies, the electing employing unit may withdraw its election within 10 days after being notified of such action.

(4) The effective period of elections is as follows:

(a) An election duly approved under this rule shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, such earlier date may be approved solely as to those interested jurisdictions in which the employer has no liability to pay contributions for the earlier period in question.

(b) The application of an election to any individual under this rule shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed so that they are no longer customarily performed in more than 1 participating jurisdiction. Such termination shall be effective as of the close of the calendar quarter in which notice of such finding is mailed to all parties affected. Except as provided in this subdivision, each election approved hereunder shall remain in effect through the close of the calendar year in which it is submitted and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies. Whenever an election under this rule ceases to apply to any individual under this subdivision, the electing unit shall notify the affected individual accordingly.

(5) The electing unit shall file reports and notices as follows:

(a) The electing unit shall promptly notify each individual affected by its approved election on the form supplied by the elected jurisdiction and shall furnish the elected agency a copy of such notice.

(b) Whenever an individual covered by an election under this rule is separated from his employment, the electing unit shall again notify him forthwith as to the jurisdiction under whose unemployment compensation law his services have been covered. If at the time of the termination the individual is not located in the elected jurisdiction, then the electing unit shall notify him as to the procedure for filing interstate benefit claims.

(c) The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where an individual's services for the employer cease to be customarily performed in more than 1 participating jurisdiction, or where a change in the work assigned to an individual requires him to perform services in a new participating jurisdiction.

(6) The Michigan employment security commission hereby delegates to its director authority to approve or disapprove reciprocal coverage elections pursuant to this rule.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.190 Common paymaster; employee leasing companies; payrolling; temporary help firms {#sec-r-421.190 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.190}

Rule 190. (1) As used in this rule:

(a) "Captive provider" means an employee leasing company which limits itself to providing services and employees to only 1 client entity and the entity's subsidiaries and affiliates and which does not hold itself out as available to provide leasing services to other client entities that do not share an ownership relationship with the employee leasing company.

(b) "Client entity," also known as a "work-site employer," means the business entity that contracts with an employee leasing company for the purpose of providing employees and related services to the client entity.

(c) "Common paymaster" is the arrangement by which different services performed by 1 individual are divided among 2 or more employers that are related through commonality of ownership, and the individual is compensated by 1 of those employers that acts as the common paymaster. Under such an arrangement, different employers benefit from the services of the same individual, but these services are reflected in the experience rating of, and the payment of unemployment taxes by, only 1 of the employers. If 2 or more related corporations concurrently employ the same individual and compensate that individual through a common paymaster that is 1 of the corporations, the corporations may elect to report wages and pay unemployment taxes of all shared employees of the related corporations through a common paymaster and the related corporations will be considered to be a single employing unit. The common paymaster for purposes of reporting wages and paying Michigan unemployment taxes of all shared employees shall be the corporation that has the highest Michigan unemployment tax rate. Corporations are considered to be related if they satisfy any 1 of the following tests at any time during the calendar quarter:

(i) The corporations are members of a controlled group of corporations as defined in section 1563 of the internal revenue code, 26 U.S.C. §1563, or would be members if certain stock ownership percentage requirements between corporations were relaxed and certain exclusions made inapplicable.

(ii) In the case of a corporation that does not issue stock, either 50% or more of the members of 1 corporation's board of directors or other governing body are members of the other corporation's board of directors or other governing body, or the holders of 50% or more of the voting power to select such members are concurrently the holders of 50% or more of that power with respect to the other corporation.

(iii) Fifty percent or more of 1 corporation's officers are concurrently officers of the other corporation.

(iv) Thirty percent or more of 1 corporation's employees are concurrently employees of the other corporation. Corporations are considered related for an entire calendar quarter if 1 of the requirements listed in paragraphs (i) to (iv) of this subdivision is satisfied. Concurrent employment means the contemporaneous existence of an employment relationship between an individual and 2 or more corporations.

(d) "Employee leasing company (ELC)," also known as a "professional employer organization," means an independently established business entity that does all of the following:

(i) Provides employees to a client entity.

(ii) Pays the wages of the employees.

(iii) Reports and withholds applicable taxes from the wages of the employees.

(iv) Administers the benefits for the employees.

(v) Provides other payroll, human resources, and other management assistance services that are agreed upon with its client entity. The employees provided to the client entity may have previously been employed directly by the client entity. The relationship between the client entity and ELC is intended to be long-term or continuing, rather than temporary or intermittent, and the employees are, generally, not subject to reassignment. The majority of the workers at a client entity's worksite, or a majority of workers in a specialized group within that workforce, consists of employees assigned by the leasing company.

(e) "Payrolling" is the practice of establishing a related or associated company for the purposes of reassigning the employee payroll functions from 1 business entity to the related business entity, usually to take advantage of the lower unemployment tax rate of the related business entity. Direction and control of the involved employees are not transferred along with the payroll to the related business entity, and the related entity is not an employee leasing company. The related business entity to which the payroll is assigned is not the employer for unemployment insurance tax purposes. The entity for which services are performed and which exercises direction and control over the employee is the employer.

(f) "Temporary help firm" means an employer whose primary business is to provide a client entity with the temporary services of 1 or more individuals under contract with the employer. Employment with a temporary help firm is characterized by a series of limitedterm assignments of an individual to a client entity based on a written or oral contract between the temporary help firm and the client entity. The assignment is usually for a specified period. A separate written or oral employment contract exists between the temporary help firm and each individual it hires as an employee. The employee of the temporary help firm is subject to reassignment by the temporary help firm. Completion of an assignment for the client entity by an employee employed by the temporary help firm does not, in itself, terminate the employment contract between the temporary help firm and the individual. A temporary help firm that meets the requirements of section 41 of the act is a liable employer and shall pay unemployment taxes on its employees.

(2) An ELC that meets the requirements of section 41 of the act is a liable employer and responsible to pay unemployment taxes on the employees leased to the client entity. For unemployment tax purposes in Michigan, the ELC, and not the client entity, is the employer of the leased employees if all of the following conditions are met:

(a) An employing entity representing itself to be an ELC shall comply with the requirements of this rule to be considered by the agency to be an ELC for purposes of the act and this rule.

If the agency determines the entity is not an ELC within the meaning of this rule, then the payroll of workers at the client entity will be assigned or reassigned to the client entity and the client entity's prior experience rating will be reinstated.

(b) The ELC shall administer all payroll and all benefit services for the client entity, pay the wages of the workers, and have the right, both in contract and in fact, to hire, promote, reassign, discipline, and terminate the leased workers. The ELC cannot delegate the rights to the client entity. The client entity's officers may be considered employees of the leasing company when they are acting as operational managers, or performing services, for the client entity.

(c) The ELC retains the right to exercise direction and control over the daily activities of the workers or can delegate the right to the client entity.

(d) Neither the ELC nor any individual owner of the ELC, nor owners of the ELC in the aggregate, has an ownership interest of more than 20% in the client entity, including the client entity's subsidiaries and affiliates, and the client entity does not have more than 20% ownership interest in the ELC.

(e) Neither the ELC nor any individual owner or other employee of the ELC has direct or indirect control over the client entity.

(f) The ELC does not limit itself to providing services and employees to any 1 client entity, including that entity's subsidiaries and affiliates, but holds itself out to the public in general as available to provide leasing services. The ELC shall not be a captive provider of employee services.

(3) To be considered the employer of the leased employees, the employee leasing company shall comply with all of the following operational requirements:

(a) The ELC shall maintain records pertaining to the employees of the ELC who perform services for the client entity. In addition, the ELC shall make the records available to the agency, on request.

(b) Upon request, the ELC shall promptly provide the agency with a copy of the employee lease agreement with any of its client entities and with a list of the ELC's client entities.

(c) The ELC shall comply with federal, state, and local employment and business registration laws, regulations, and ordinances. If the ELC does not so comply, then the agency may decline or cease to recognize an employing entity as an ELC.

PART 3. CLAIMS

History

• History: 1999-2000 AACS; 2002 AACS.

Mich. Admin. Code R 421.201 "Interested party" defined {#sec-r-421.201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.201}

Rule 201. (1) The term "interested party," as used in the act or these rules, means anyone whose statutory rights or obligations might be affected by the outcome or disposition of the determination, redetermination, or decision. A claimant for unemployment benefits is not an interested party to a redetermination of charges or to an appeal relating to a redetermination of charges. An interested party has all of the following rights:

(a) The right to receive a copy of the notice of determination or redetermination.

(b) The right to request a reconsideration of the determination or redetermination.

(c) The right to appeal to a referee or the board of review in the manner provided in the act.

(2) The agency is an interested party in any appeal before a referee, the board of review, or in any judicial action involving an order or decision of the board of review or a referee.

(3) An employer or employing entity in this or another state is an interested party in connection with a claim for benefits if the employer's or employing entity's account has been charged, the employer or employing entity is presently or potentially chargeable with some portion of benefits paid or payable on such claim, or the employer or employing entity is directly involved in a possible ineligibility or disqualification of a claimant. A base period employer is not an interested party with respect to a nonmonetary adjudication or appeal relating to another base period employer or the last separating employer concerning either benefit payments or charges, unless the issue on appeal is whether the base period employer is chargeable for benefits on the claim under section 29(5) of the act.

History

• History: 1979 AC; 1980 AACS; 1986 AACS; 1998-2000 AACS; 2002 AACS.

Mich. Admin. Code R 421.204 Unemployment compensation notice to employee {#sec-r-421.204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.204}

Rule 204. (1) An employer, other than an employer filing claims on behalf of workers in accordance with Rule r 421.210, shall provide each worker at the time of the worker's separation from employment a copy of form UA 1711, unemployment compensation notice to employee. However, this requirement is satisfied if the employer previously delivered a copy of the form to the worker, or if the employer has by any other method provided the worker an equivalent written statement notifying the worker of both of the following:

(a) If the worker loses form UA 1711 or the equivalent written notice from the employer, the worker may obtain a duplicate from a designated office in the establishment.

(b) The worker should have form UA 1711 or the equivalent written notice from the employer available for reference when filing a claim.

(2) If the agency finds that an employer fails to deliver form UA 1711 or the equivalent written notice before separation or fails to post adequate notices concerning replacement of a lost form UA 1711 or an equivalent written notice, then the employer, at the direction of the agency, shall be required to deliver form UA 1711 or the equivalent written notice to a worker when the worker is separated from employment. Form UA 1711 or the equivalent written notice shall be considered a report within the meaning of section 54(c)(1) of the act, and the agency may impose the penalty of $10.00 against an employer that fails to provide the form or the equivalent written notice to the worker by the date of the worker's separation from employment and will only be imposed if an employer fails to comply with this requirement after being notified by the agency. Imposition of the penalty provided under this rule is an appealable issue under the act.

(3) The form or equivalent written notice shall contain all of the following information:

(a) The employer's name and number of the employer's account with the agency.

(b) The address of the employer to which any request for wage or separation information, or both, shall be directed.

(c) Such other information as is required by the agency.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 421.205 Notification to employing unit of filing of claim; request for wage and separation information from employing unit; notification of commission of possible disqualification or ineligibility of claimant; "respond" defined {#sec-r-421.205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.205}

Rule 205. (1) If an individual files a new claim for benefits, then the agency shall notify all of the individual's base period employers and employing units, the separating employer, and the individual's employers and employing units during the calendar quarter containing the Sunday of the week in which the new claim is effective, of all of the following:

(a) The filing of the claim.

(b) The wages on record, as to the claimant, in the agency's wage database, or the wages reported by the claimant if there are no wages on record in the wage database.

(c) The reason for separation reported by the claimant.

(d) The claimant's weekly benefit amount.

(e) The maximum benefit amount that may be charged to each employer's account.

(2) Any response by the employer or employing unit to the information provided by the agency shall be received by the agency within 10 calendar days from the date of mailing or personal service of the information on the form approved by the agency. The response shall contain all of the following information:

(a) A summary statement of pertinent facts if the employer or employing unit questions whether the individual should receive benefits or whether the employer's account should be charged for benefits.

(b) New, additional, or corrected information concerning the individual's wages or the reason for the individual's separation from employment as may be pertinent to increase benefits or benefit charges, decrease benefits or benefit charges, or render the individual disqualified or ineligible to receive benefits.

(3) If an individual files an additional or reopened claim, then the agency shall notify the separating employer or employing unit and the base period employers unless the agency receives a written request from the separating employing unit or from a base period employer that the notice not be provided. If the employer or employing unit has new, additional, or corrected information to provide the agency, or seeks to challenge the individual's eligibility or qualification for benefits or charges to the employer's account, then the information shall be received by the agency in writing or by any other means approved by the agency within 10 calendar days from the date of mailing or personal service of the notice.

(4) An employer or employing unit shall notify the agency, in writing or by any other means approved by the agency, in the time period provided in subrules (2) or (3) of this rule, of the possible disqualification or ineligibility of a claimant, or of possible improper charges to the employer's account. The notice shall contain all of the following information:

(a) The individual's full name and social security number.

(b) The employer's or employing unit's name, registration number, if one has been assigned by the agency, and the address to which any monetary determination or nonmonetary determination shall be directed.

(c) The last day worked by the individual.

(d) A statement of the circumstances on which the employer or employing unit relies in questioning whether the individual is entitled to benefits.

(5) If an employer or employing unit fails to comply with the requirements of subrule (2) or (3) of this rule within the 10-day period provided, then the agency shall pay benefits in accordance with the monetary determination.

(6) If an employer or employing unit provides new, additional, or corrected separation information beyond the time period specified in subrule (2) or (3) of this rule, then the response shall not form the basis of a determination or redetermination of disqualification or ineligibility for any claim period for which benefits have been paid before the receipt by the agency of the response, except in any of the following circumstances:

(a) A showing that the employing unit could not reasonably comply with the due dates of subrule (2) or (3) of this rule.

(b) A showing of a false statement, misrepresentation, or nondisclosure of a material fact on the part of the claimant.

(c) A showing of an agency administrative clerical error. Separation information received by the agency from the employer more than 1 year after the mail date of the monetary determination shall not be considered by the agency. If new, additional, or corrected wage information is received by the agency from the employer after the 10-day period specified in subrule (2) or (3) of this rule, then the information shall not result in a decrease in benefit amount or benefit charge for any claim period for which benefits have been paid before the receipt by the agency of the response. Information received after the 10-day period shall, however, be used to increase a benefit amount or benefit charge for any claim period for which benefits have been paid before the receipt by the agency of the response.

(7) If the individual disagrees with the wage information contained in the agency's wage database, then the individual's statement shall be taken on a form designed for a statement or in any other manner approved by the agency and shall be provided to the employer by means of the monetary determination.

(8) If a notice is submitted by an employing unit indicating the sole reason for ineligibility to be leave of absence or vacation with pay and with respect to which period of time no claim was filed, then the agency shall, upon receipt and recording of appropriate evidence of reemployment by the employing unit granting the leave or vacation with pay, disregard the form without notification to the interested parties and without the necessity of making a determination with respect to the period of time during which the claimant was on a leave of absence.

(9) To provide new, additional, or corrected information to the agency within the time period specified, the employer may deliver the information to the agency at a location approved by the agency by computerized data exchange or other electronic or non-electronic means approved by the agency.

History

• History: 1979 AC; 1980 AAACS; 1986 AACS; 1998-2000 ACS; 2001 AACS.

Mich. Admin. Code R 421.208 Registering for work {#sec-r-421.208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.208}

Rule 208. (1) To comply with the registration requirements of section 28(1)(a) of 1936 PA 1, MCL 421.28(1)(a), a claimant shall register for work as instructed by the agency and fully and accurately supply information as to the claimant's past work experience and training and other personal data as may be necessary to assure that the claimant is considered for referral to any available suitable work.

(2) If a claimant indicates on the application for benefits that he or she expects to return to his or her separating or previous employer within 120 days, and if the agency finds the claimant to be job-attached or finds that the claimant is not an appropriate candidate for full employment services, then the claimant's application for benefits shall be used as the claimant's registration for work.

(3) If, in registering for work under subrule (1) of this rule, a claimant indicates that he or she is unwilling to be referred to or notified of work that the claimant is qualified to perform because of past experience or training and that is generally similar to work for which the claimant has received wages, then the agency shall make a determination as to the claimant's availability for suitable work.

(4) A laid off individual is not required to register for work if registering is waived by the agency upon receipt of written notification by the individual's employer that the layoff is temporary and that work is expected to be available within 45 calendar days following the last day the individual worked. A waiver is effective if the notification from the employer has been received by the agency before the individual has certified for his or her first compensable week following the layoff.

(5) An individual who is required to register for work to be eligible for unemployment benefits and who, with good cause, fails to do so, shall not be ineligible for benefits for the weeks for which the individual failed to register. "Good cause" for failure to register shall include, but not be limited to, either of the following:

(a) Misinformation provided by the agency or failure to provide access to the means of registration by the agency or designated entity.

(b) A reason described in rule R 421.210(2) of the Michigan Administrative Code.

History

• History: 1979 AC; 1980 AACS; 1998-2000 AACS; 2001 AACS.

Mich. Admin. Code R 421.209 Effect of religious convictions on Sabbath day work {#sec-r-421.209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.209}

Rule 209. An individual shall not be deemed unavailable for work solely because, due to the precepts of his or her religion, the individual limits himself or herself to jobs not requiring work on his or her Sabbath. An individual who refuses to work on the Sabbath designated by his or her religion, or who is discharged from work or voluntarily leaves work, solely because of conscientious observance of the Sabbath as a matter of religious conviction shall not, for that reason, be disqualified from receiving unemployment benefits.

History

• History: 1979 AC; 1986 AACS.

Mich. Admin. Code R 421.210 Unemployment insurance benefit filing requirements; definitions {#sec-r-421.210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.210}

Rule 210. (1) An individual shall receive benefits for any week of unemployment for which the individual filed a claim and reported in accordance with this rule and with the direction of the agency and for which the individual is otherwise eligible and qualified for benefits. In the case of an employer whose workers have filed either 1,000 or more new claims or additional claims, or both, in each of the previous 3 calendar years, the employer shall file claims on behalf of the workers, in a manner prescribed by the agency.

(2) As used in this rule:

(a) "Additional claim" means a claim filed by an individual to reestablish eligibility for benefits after an interruption in the claim series during an existing benefit year caused by a period of employment.

(b) "Claim series" means an uninterrupted period of weeks for which an individual claims benefits.

(c) "Continued claim" means a report filed by an individual who has filed a new, additional, or reopened claim and who is certifying as to eligibility for benefits for 1 or more weeks of unemployment.

(d) "Day of work" means a calendar day or portion of a calendar day on which an individual performed services for an employing unit under a contract of hire, including a calendar day or portion of a calendar day for which an individual received, or is entitled to receive, call-in pay. If an individual reports for work on a day on which the individual has been scheduled to work, but does not work because work is not available, then that day is considered a "day of work".

(e) "Good cause for late filing of a new, additional, or reopened claim" and "good cause for late reporting to file a continued claim" means that there is a justifiable reason, determined in accordance with a standard of conduct expected of an individual acting as a reasonable person in the light of all the circumstances, that prevented a timely filing or reporting to file as required by this rule. Examples of justifiable reasons that the agency may consider as constituting good cause include any of the following:

(i) Acts of God.

(ii) Working or reliance on a promise of work that did not materialize.

(iii) Closing of agency offices, or the failure of the agency's telephonic or electronic equipment, during scheduled hours of operation.

(iv) Delay or interruption in the delivery of mail or the delay or interruption of information by telephonic or other means by a business or governmental agency entrusted with the delivery of mail or of messages by telephonic or other means.

(v) Personal physical incapacity or the physical incapacity or death of a relative or ward of either the individual or the individual's spouse or of any person living in the same household as the individual claiming benefits.

(vi) Attendance at a funeral.

(vii) Incarceration.

(viii) Jury duty.

(f) "New claim" means a claim filed by an individual to establish eligibility for a new benefit year.

(g) "Reopened claim" means a claim filed by an individual to reestablish eligibility for benefits after an interruption in the claim series during an existing benefit year for a reason other than employment that is caused by a period of nonreporting.

(h) "Week of unemployment" means a week during which an individual is unemployed within the meaning of section 48 of 1936 PA 1, MCL 421.48.

(3) An individual shall file a new, additional, or reopened claim or shall report to file a continued claim as directed by the agency.

(4) To be filed on time and effective as of the beginning of the individual's first week of unemployment, a new or additional claim shall be received by the agency, in a manner prescribed by the agency, not later than the Friday after the end of the week containing the individual's last day of work. A reopened claim is effective as of the beginning of the week in which it is received by the agency.

(5) To be filed on time and effective for each week for which the individual is reporting to file, a continued claim shall be received by the agency, in a manner prescribed by the agency, not later than the Friday after the end of the last week of the period for which the claimant is instructed to report and has continued to report in a claim series. If an individual does not file a continued claim in a timely manner in accordance with this subrule, and if the filing is untimely without good cause, then the claim filed by the individual is a reopened claim.

(6) If an individual does not file a new, additional, or reopened claim as prescribed in subrules (4) and (5) of this rule, but files the new, additional, or reopened claim not later than the fourteenth calendar day after the time limits prescribed in subrules (4) and (5) of this rule, then the new, additional, or reopened claim is considered filed on time if the claimant has good cause for the lateness of the filing. If the claimant does not have good cause for the lateness of the filing, then the new, additional, or reopened claim is effective beginning with the week in which it is filed.

(7) If an individual does not report to file a continued claim within the time limits prescribed in subrules (4) and (5) of this rule, but reports to file the continued claim not later than the fourteenth calendar day after the time limits prescribed in subrules (4) and (5) of this rule, then the individual is considered to have reported on time to file the continued claim if the individual has good cause for the lateness of the reporting to file the continued claim. If the individual does not have good cause for the lateness of the reporting to file the continued claim, then the reporting to file the continued claim is a reopened claim.

(8) If an individual files a new, additional, or reopened claim or reports to file a continued claim by mail, then the claim or report is considered received by the agency as of the date the mail is received by the agency.

(9) If an individual files a new, additional, or reopened claim or reports to file a continued claim by deposit in a designated agency drop box, then it is presumed that the claim was received by the agency on the previous business day if gathered in the first retrieval of the day if this presumption is required for the new, additional, or reopened claim to be considered filed on time or the continued claim to be considered a timely report.

(10) If the claimant is unable to file a claim in a timely manner because the agency's services are unavailable, then the claim is considered filed on time if it is received by the agency on the next workday.

History

• History: 1979 AC; 1980 AACS; 1996 AACS; 1998-2000 AACS; 2001 AACS; 2002 AACS.

Mich. Admin. Code R 421.211 Benefit year beginning date {#sec-r-421.211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.211}

Rule 211. (1) The benefit year for an individual who does not have a benefit year established and who meets the requirements of section 46 of the act shall begin with the beginning of the week containing the effective date of the new claim as determined pursuant to the provisions of R 421.210.

(2) An individual who has established a benefit year, but has not received a benefit check for a compensable period during such benefit year, may request a redetermination of benefit rights and cancellation of the established benefit year and may file a new claim to establish a new benefit year, the beginning date of which shall be determined pursuant to subrule (1) of this rule.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.212 Leaving an employer in response to a recall by a former employer or to accept full-time work with another employer {#sec-r-421.212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.212}

Rule 212. (1) If an individual who is currently employed at the time of accepting a recall to work for a former employer or accepting permanent full-time work with another employer continues to work concurrently with both employers for a reasonable length of time, not to exceed 10 working days, then wages earned with the employer for whom the individual was working at the time of recall or acceptance of other work are subject to transfer to the recalling or new employer under section 29(5) of the act.

(2) Wages transferred to a recalling employer or an employer with whom an individual has accepted work and performed services under section 29(5) of the act are subject to reduction under section 29(4) of the act in the event of a subsequent disqualifying act with the recalling employer or employer with whom an individual has accepted work.

(3) Section 29(5) of the act shall be applicable in situations where it is necessary for an individual to leave his current work as a condition of referral through a union hiring hall, if the individual has received an assurance from an authorized official of the union hiring hall that there is permanent full-time work available for that individual with a specific employer and the individual performs services for the new employer within 5 calendar days of the day of separation from the former employer.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.215 Rescinded {#sec-r-421.215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.215}

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.216 Waiver of seeking work {#sec-r-421.216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.216}

Rule 216. (1) A laid off individual need not seek work if, under section 28(1)(a) of the act, this requirement is waived by the agency upon written notification by the individual's employer that the layoff is temporary and that work is expected to be available within 45 calendar days following the last day the individual worked. A waiver is effective if the agency receives notification from the employer before the individual is certified for his or her first compensable week following the layoff.

(2) The agency is authorized, under section 28(1)(a) of the act, to waive the seeking work requirement where the agency finds that suitable work is not available. Unless the agency determines that suitable work is available for an individual, suitable work will be presumed unavailable if the total unemployment rate for the state equals or exceeds 8.5%. In instances where the seeking work requirement is waived under section 28(1)(a) of the act, the individual shall be registered for work and shall not be in a period of disqualification.

(3) The agency may, under section 28(1)(a) of the act, waive the seeking work requirement if an individual is on a short-term layoff, as used in this rule, with a definite return-to-work date which is not later than 15 consecutive calendar days beginning with the first day of scheduled unemployment resulting from the layoff, and if the seeking work requirement is not waived for the individual under section 28(1)(a) of the act. The waiver under this subrule shall be based on the presumption that suitable work is not available for that individual. The presumption is based on the recognition that an individual on such a short-term layoff, as that term is used in this rule, is job-attached and is not likely to be hired by another employer for a short period. The agency shall verify, by telephone or written communication with the employer, that the layoff meets the criteria of this rule. The agency shall record the verification to include the return to work date and the name and title of the employer's representative verifying the date submitted. If the agency is unable to obtain confirmation from the employer at the time the claim is filed, then the determination as to whether the seeking work requirement is subject to waiver under this subrule shall be based on the evidence presented by the claimant. The application of a waiver in accordance with this subrule shall not extend beyond the above 15 consecutive calendar day period or the date the individual returns to work, whichever occurs first.

(4) The agency's authorization of the waiver of seeking work under subrules (1), (2), and (3) of this rule shall not relieve the unemployed individual claiming benefits of continuing to file claims pursuant to R 421.210 and being able and available to perform suitable full-time work.

History

• History: 1979 AC; 1980 AACS; 1986 AACS; 2001 AACS; 2002 AACS.

Mich. Admin. Code R 421.243 Payment of benefits to interstate claimants {#sec-r-421.243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.243}

Rule 243. (1) This rule shall govern the Michigan employment security commission in its administrative cooperation with other states and the Dominion of Canada for the payment of benefits to interstate claimants.

(2) As used in this rule, unless the context clearly requires otherwise:

(a) "Agent state" means any state in which an individual files a claim for benefits against another state or states.

(b) "Benefits" means the compensation payable to an individual with respect to his unemployment under the unemployment insurance law of any state.

(c) "Interstate benefit payment plan" means the plan under which benefits are payable to unemployed individuals absent from the state or states in which benefit credits have been accumulated.

(d) "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of 1 or more liable states through the facilities of an agent state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state, unless the Michigan employment security commission finds that this exclusion would create undue hardship on such claimants in specified areas.

(e) "Liable state" means any state or states against which an individual files a claim for benefits through another state.

(f) "State" includes any state as defined in the Michigan employment security act.

(g) "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

(3) With respect to the benefit rights of interstate claimants, all of the following shall apply:

(a) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.

(b) For the purposes of this rule, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable or whenever benefits are affected by the application of a seasonal restriction.

(c) The benefit rights of interstate claimants established by this rule shall apply only with respect to new claims (notices of unemployment) filed on or after the effective date of this rule.

(4) Michigan, as agent state, shall do all of the following:

(a) Shall not refuse to take an interstate claim.

(b) Shall take claims for interstate claimants on uniform interstate forms and in accordance with uniform procedures developed pursuant to the interstate benefit payment plan.

(c) Shall take claims for interstate claimants in conformity with the requirements of subrule (3) of this rule.

(d) Shall take claims for interstate claimants pursuant to the reporting requirements and type of week in use in Michigan.

(e) Shall register for work an interstate claimant pursuant to Michigan registration requirements and shall report such registration to the liable state.

(f) Shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts related to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the state of Michigan.

(g) Shall limit its responsibility and authority in connection with the determination of interstate claims to investigation and reporting of relevant facts.

(h) Shall afford all reasonable cooperation in the filing of appeals, taking of evidence, and the holding of hearings in connection with appealed interstate claims.

(5) Michigan, as liable state, shall do all of the following:

(a) Shall accept interstate claims when filed on uniform interstate claim forms and in accordance with uniform procedures adopted pursuant to the interstate benefit payment plan.

(b) Shall accept interstate claims as meeting Michigan's reporting requirements when filed pursuant to the reporting requirements of an agent state.

(c) Shall accept interstate claims when filed in conformity with the requirements of subrule (3) of this rule.

(d) Shall deem the registration for work of any interstate claimant as meeting Michigan registration requirements when such registration has been made through a public employment office in an agent state when and as required by the law, rules, and the procedures of the agent state.

(e) Shall accept interstate claims filed in accordance with the type of week in use in the agent state and shall make required adjustments to fit such claims to the type of week used in Michigan on the basis of consecutive claims filed.

(f) Shall determine whether an interstate claimant filing against Michigan is eligible and qualified under the provisions of the Michigan act.

(g) Shall accept an appeal of an interstate claimant. However, with respect to the time limits imposed by the Michigan act upon the filing of an appeal in connection with a disputed claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to Michigan on the date it is received by a qualified officer of an agent state.

Further, when an appeal is filed by means of a written communication from a claimant directly to Michigan, the date such communication is received at any office of the commission shall be deemed to be the filing date.

(6) All of the provisions of this rule shall apply to the taking of claims in and for Canada pursuant to the provisions of the agreement, as amended, between Canada and the United States of America respecting unemployment insurance.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.251 Labor dispute {#sec-r-421.251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.251}

Rule 251. (1) When an employer believes that the unemployment of any of its workers in Michigan is due to a labor dispute in any establishment operated by such employer within the United States, or is due to shutdown operations caused by such labor dispute, the employer shall file, within five business days from the time the unemployment begins, a written statement with the Michigan Employment Security Commission, 7310 Woodward Avenue, Detroit, Michigan 48202, or with any branch office of the commission, setting forth all of the following information:

(a) That there is unemployment in Michigan due to a labor dispute or to shutdown operations caused by such labor dispute.

(b) The location of the plant or plants and division or divisions operated by the employing unit within the United States in which the labor dispute or shutdown operations occurred which caused such unemployment.

(c) The location of any other plant or plants and division or divisions operated by the employing unit in the state of Michigan in which there is no labor dispute, but in which there is unemployment due to the labor dispute or to shutdown operations caused by such labor dispute.

(d) A statement of the principal issues involved. If any of the information specified in subdivisions (a) to (d) of this subrule is not available for inclusion in the written statement required within five business days, a supplemental statement incorporating such information shall be filed as soon as the information is available.

(2) To disqualify an individual for benefits because of being directly interested and consequently being directly involved in a labor dispute, the commission must find that the resolution of such labor dispute may reasonably be expected to affect the individual's wages, hours, or other conditions of employment. In the absence of substantial and preponderating evidence to the contrary, a "reasonable expectation" of an effect shall be deemed to exist if any 1 of the following 3 circumstances is found to be applicable:

(a) If it is established that there is, in the particular establishment or employing unit, a practice or custom or contractual obligation to extend, within a reasonable period, to members of the individual's grade or class of workers, in the establishment in which the individual is or was last employed, changes in terms and conditions of employment which are substantially similar or related to some or all of the changes in terms and conditions of employment which are made for the workers among whom the labor dispute exists which has caused the individual's total or partial unemployment. For the purpose of determining the "practice or custom" of an establishment or employing unit, as this phrase is used in this subdivision, the collective bargaining history of the employing unit shall be examined for the period of existence of the employing unit, but for not more than 5 years preceding the inception of the current labor dispute. A "practice or custom" shall be deemed to exist if, and only if, the employing unit has always, during the period examined, extended changes in terms and conditions of employment to members of the individual's grade or class of workers which were substantially similar or related to some or all of the changes in terms and conditions of employment which were made for the workers among whom the current labor dispute exists or existed. The phrase "extend within a reasonable period," as used in this subdivision, means that the establishment or employing unit has, by past practice, custom, or contract, actually effectuated substantially similar or related changes for members of the individual's grade or class of workers within 90 days after changes were made for the workers among whom there exists or existed the labor dispute which caused the unemployment in question.

The requirement in this subdivision that the changes in terms and conditions shall have been substantially similar or related does not mean that the changes extended each time, during the period examined, to members of the individual's grade or class of workers shall have been identical.

(b) If it is established that 1 of the issues in or purposes of such labor dispute is to obtain a change in the terms and conditions of employment for members of the individual's grade or class of workers in the establishment in which the individual is or was last employed.

(c) If such labor dispute exists at a time when the collective bargaining agreement, which covers the individual's grade or class of workers in the establishment in which the individual is or was last employed and the workers in another establishment of the same employing unit who are actively participating in such labor dispute, has expired, has been opened by mutual consent, or may, by its terms, be modified, supplemented, or replaced.

Notwithstanding the applicability of subdivision (a), (b), or (c) of this subrule, an individual shall not be deemed to be directly interested in a labor dispute if there is substantial and preponderating evidence which indicates that there is no reasonable expectation that the individual's wages, hours, or other conditions of employment may be affected by the resolution of the current labor dispute.

(3) The term "establishment," as applied to an employing unit engaged in construction activities at different locations, shall be construed, for the purpose of adjudicating building trade labor disputes, as follows:

(a) Each separate project of such employing unit, whether a general contractor or subcontractor, shall be considered a separate "establishment," within the meaning of this term as used in section 29(8) of the act, if the project is a separate activity insofar as the employees are concerned for the purpose of employment. In determining which construction activities of an employing unit shall constitute a separate project and consequently a separate establishment, the following factors, among others, shall be considered:

(i) Whether the employees for each project were hired for that job and are to be terminated upon its completion.

(ii) Whether the employees of an employing unit operating different projects worked primarily on 1 project rather than interchangeably on other projects.

(iii) Whether separate building schedules were followed.

(iv) Whether construction accounting procedures were such that contracts were bid on for each project on the basis, for example, of separate cost accounting, separate tax computations, or separate payrolls.

(b) Each employing unit engaged on a project, such as general contractor or subcontractor, is considered to be a separate establishment.

(4) For the purpose of determining whether the payment of union dues shall be deemed financing under section 29(8)(a)(ii) of the act, all of the following provisions shall be applicable:

(a) The payment of regular union dues in amounts and for purposes established before any unemployment due to a labor dispute shall not be construed as financing, even if such dues are used for a strike fund or other financing of the labor dispute.

(b) The payment of regular union dues which are established or increased after there is unemployment due to such labor dispute and which are used for the purpose of financing the current labor dispute shall be construed as financing the labor dispute.

(c) The payment of a special assessment into a fund established at any time and used for the purpose of financing the current labor dispute shall be construed as financing a labor dispute.

(d) The term "special assessment," for the purpose of this rule, means a payment made by a union member to his or her union to establish a fund for a specific purpose other than the payment of the ordinary administrative expenses of the union.

(e) The term "regular union dues," for the purpose of this rule and section 29(8)(a)(ii) of the act, means any payment, other than a special assessment, made by a union member on a continuing basis to his or her union.

History

• History: 1979 AC; 1980 AACS; 1986 AACS.

Mich. Admin. Code R 421.254 Value of lost remuneration {#sec-r-421.254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.254}

Rule 254. If the value of lost remuneration is unknown, it shall be computed in the following manner:

(a) The total earnings of the worker with the employer (or employing unit) during the calendar week covered by the claim, exclusive of earnings for overtime work, shall be divided by the total number of hours, exclusive of overtime hours, worked during the calendar week. The value of the lost remuneration shall be the result obtained by multiplying the hourly rate so arrived at by the number of hours lost during such calendar week for any reason other than the failure of the employer to furnish full-time employment.

(b) In the absence of any circumstances to the contrary, a work week of 40 hours shall be deemed to be a normal week for the purposes of this rule.

History

• History: 1979 AC.

Mich. Admin. Code R 421.269 Method of requesting reconsideration or redetermination {#sec-r-421.269 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.269}

Rule 269. A request for reconsideration or redetermination of a determination shall be either in writing or in another form approved by the agency. The request is considered filed upon receipt by the agency, using a delivery method approved by the agency and detailed in the document being protested or appealed.

History

• History: 2001 AACS.

Mich. Admin. Code R 421.270 Good cause for reconsideration and reopening {#sec-r-421.270 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.270}

Rule 270. (1) In determining if good cause exists under sections 32a, 33, and 34 of the act, after the 30-day protest or appeal period has expired, for reconsideration of any prior determination or redetermination or for reopening and review, good cause shall include, but not limited to, any of the following situations:

(a) If an interested party has newly discovered material facts which, through no fault of the party, were not available to the party at the time of the determination, redetermination, order, or decision. However, a request for reconsideration of a determination or redetermination or for reopening a decision or order made after the expiration of the statutory 30-day period solely for the purpose of evading or avoiding such statutory period is not for good cause.

(b) If the agency has additional or corrected information.

(c) If an administrative clerical error is discovered in connection with a determination, redetermination, order, or decision.

(d) If an interested party has a legitimate inability to act sooner.

(e) If an interested party fails to receive a reasonable and timely notice, order, or decision.

(f) If an interested party is prevented from acting sooner due to an untimely delivery of a protest, appeal, or agency document by a business or governmental agency entrusted with delivery of mail.

(g) If an interested party has been misled by incorrect information from the agency, the office of appeals, or the board of review.

(2) If, before the start of an initial hearing before the office of appeals, the agency receives new, additional, or corrected information or discovers an administrative clerical error in the claim, the matter may be returned to the agency for reconsideration and redetermination.

History

• History: 1979 AC; 1980 AACS; 1986 AACS; 2001 AACS.

Mich. Admin. Code R 421.301 Rescinded {#sec-r-421.301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.301}

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 421.302 Vacation pay {#sec-r-421.302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.302}

Rule 302. When an employer is entitled to designate, pursuant to section 48 of the Michigan employment security act, vacation pay to a period of layoff, forced vacation, or other separation, the employer shall either deliver to the affected employee and to the employee's bargaining representative, if any, on or before the employee's last day of work, written notice of such designation stating that such designation may render the employee ineligible for unemployment benefits during the designated period or shall post such notice conspicuously in easily accessible places frequented by employees and deliver a copy thereof to the employee's bargaining representative, if any. However, as to an individual laid off prior to the time of designation, posting of the notice shall not substitute for the requirement of delivery of the notice to such individual by mail.

History

• History: 1980 AACS.

R 421.601 to R 421.606 Security for Reimbursement Financing of Unemployment Insurance Cost

Mich. Admin. Code R 421.601 Newly liable nonprofit employer electing reimbursement payments; security {#sec-r-421.601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.601}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

UNEMPLOYMENT AGENCY

SECURITY FOR REIMBURSEMENT FINANCING OF UNEMPLOYMENT

INSURANCE COST

(By authority conferred on the employment security commission by section 4 of Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being S421.4 of the Michigan Compiled Laws)

Rule 1. (1) A newly liable nonprofit employer that elects, on and after December 21, 1989, to make reimbursement payments pursuant to the provisions of section 13a of Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being S421.13a of the Michigan Compiled Laws, shall provide the required security for the first-year security that is required pursuant to the provisions of section 13a(4) of Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being S421.13a(4) of the Michigan Compiled Laws, and for the 2 consecutive succeeding calendar years.

Thereafter, the security shall be renewed for 2-year periods for as long as the nonprofit organization retains reimbursement status. A nonprofit employer that seeks to renew a security and thereby retain reimbursement status shall do so by November 30 of the year before the year for which the security is required.

(2) The security shall be in the form of a surety bond, irrevocable letter of credit, or other banking device which is acceptable to the employment security commission and which provides for payment to the commission, on demand, of an amount equal to the security required to be posted. The required security may be posted by a third-party guarantor.

(3) This rule shall not apply to a newly liable nonprofit employer that is expected to pay less than $100,000.00 or less in total wages per calendar year. However, a nonprofit employer that elects reimbursement status on or after December 21, 1989, shall be required to provide security when payment of gross wages in a calendar year reaches exceeds $100,000.00. It is the employer's duty to notify the commission, within 60 days, that its payroll has reached exceeds $100,000.00 per year. The security shall be posted within 30 days of notice of such requirement by the commission.

(4) For newly liable employers, the amount of security that is required shall be 4.0% of the employer's estimated total annual wage payments, as determined by the commission. Employers that have a previous payroll history shall be required to file a security that is equal to 4.0% of the total annual wage payments for the 12-month period ended June 30 of the year before the year the security is required or 4.0% of the estimated total annual wage payments, whichever is greater.

History

• History: 1992 AACS.

Mich. Admin. Code R 421.602 Nonprofit employer liable before December 21, 1989, electing reimbursement payments; security {#sec-r-421.602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.602}

Rule 2. (1) A nonprofit employer that was liable before December 21, 1989, and that elects the reimbursement method of financing on or after December 21, 1989, shall be required to post a security for the year of election and the succeeding year.

Thereafter, the security shall be renewed for 2-year periods. A nonprofit employer that seeks to renew a security and thereby retain reimbursement status by posting a security shall do so by November 30 of the year before the year for which the security is renewed.

(2) The security shall be in the form of a surety bond, irrevocable letter of credit, or other banking device which is acceptable to the commission and which provides for payment to the commission, on demand, of an amount equal to the security that is required to be posted. The required security may be posted by a third-party guarantor.

(3) This rule shall not apply to a nonprofit employer that is expected to have less than $100,000.00 or less per calendar year in total wage payments, as determined by the commission. However, a nonprofit employer that elects reimbursement status on or after December 21, 1989, shall be required to provide security when the payment of gross wages in a calendar year reaches exceeds $100,000.00. It is the employer's duty to notify the commission, within 60 days, that its payroll has reached exceeds $100,000.00 per year. The security shall be posted within 30 days of notice of such requirement by the commission.

(4) The amount of security that is required shall be 4.0% of the employer's estimated total annual wage payments, as determined by the commission. Employers that have a previous wage payment history shall be required to file a security that is equal to 4.0% of the gross wages paid for the 12-month period ended June 30 of the year before the year the security is required or 4.0% of the estimated total annual wages, whichever is greater.

History

• History: 1992 AACS.

Mich. Admin. Code R 421.603 Effect of delinquent payment of reimbursement charges {#sec-r-421.603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.603}

Rule 3. (1) If a nonprofit employer, regardless of the size of payroll or the date of election to become reimbursing, that was exempted from a security requirement becomes delinquent in paying its reimbursement charges for any 2 consecutive calendar quarters, the commission shall, pursuant to the provisions of section 13d of Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being S421.13d of the Michigan Compiled Laws, require the employer to execute and file a surety bond, irrevocable letter of credit, or other banking device which is acceptable to the commission and which provides for payment to the commission, on demand, of an amount equal to the security that is required to be posted. This rule shall apply even if the reimbursement charges have been protested by the employer. The security requirement may be posted by a third-party guarantor.

(2) For the purpose of this rule, an employer shall be considered delinquent if a billed amount is not paid within 30 days of the due date of billing for benefit charges.

If the billed amount due is for benefit charges that have been protested by an employer and are under appeal, the employer shall pay the benefit charges in a timely manner, under protest, to avoid the security requirement. If the employer has a delinquency that is more than the amount of the security required, the employer shall be required to pay the delinquency in full and post the security, even if the benefit charges have been protested and are under appeal, or the employer's status as a reimbursing employer shall be terminated for the next calendar year. The security shall be filed within 30 days of notice to the employer of the requirement to file a security and shall be posted for the remainder of any calendar year plus the 2 subsequent calendar years.

(3) The amount of security that is required shall be equal to 4.0% of the employer's total gross wage payments for the 12-month period ending on the most recent June 30 or 4.0% of the employer's anticipated gross wage payments for the current year, whichever is greater. If wage information is not available, the commission shall estimate the payroll based on the information available. The security, once filed, shall remain in effect for the remainder of the first year it is required plus the 2 consecutive succeeding calendar years, at which time it will be subject to renewal for additional 2-year periods at the commission's discretion. If the required renewal security is not provided by November 30 of the year before the year for which it is required, the employer's reimbursement status shall be terminated.

History

• History: 1992 AACS.

Mich. Admin. Code R 421.604 Effect of failure to comply with rules {#sec-r-421.604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.604}

Rule 4. Failure to comply with the security requirements of R 421.601 to R 421.603 shall result in the denial of election of reimbursement status or shall result in termination, by the commission, of the employer's existing reimbursement status.

History

• History: 1992 AACS.

Mich. Admin. Code R 421.605 Effect of reimbursement payment delinquency {#sec-r-421.605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.605}

Rule 5. If a reimbursing employer complies with the security requirement of R 421.601 to R 421.603, but is delinquent in making reimbursement payments for 2 consecutive quarters after the imposition of the security requirement, or if the delinquency is at any time more than the amount of security required, the commission shall terminate the employer's reimbursement status as of the beginning of the next calendar year. For the purpose of termination of reimbursing status, an employer shall be considered delinquent if a billed amount is not paid within 30 days of the due date of a charge or billing. If the billed amount due is for benefit charges that have been protested by an employer and are under appeal, the employer shall pay the benefit charges, under protest, to avoid termination as a reimbursing employer.

History

• History: 1992 AACS.

Mich. Admin. Code R 421.606 Implementation of rules {#sec-r-421.606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 421.606}

Rule 6. The director of the bureau of unemployment insurance of the employment security commission, or an individual designated by the director of the bureau of unemployment insurance, shall be responsible for implementing these rules.

History

• History: 1992 AACS.

MIOSHA MIOSHA

R 325.2401 to R 325.2448 Part 700. Agriculture

Mich. Admin. Code R 325.2401 Scope {#sec-r-325.2401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2401}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of consumer and industry services by sections 14 and 24 of 1974 PA 154 and Executive Reorganization Orders Nos. 1996-1 and 1996-2, MCL 408.1014, 408.1024, 330.3101, and 445.2001)

PART 700. AGRICULTURE

Rule 1. These rules apply only to places of employment.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2402 General definitions {#sec-r-325.2402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2402}

Rule 2. As used in these rules:

(a) "Aerosol" means particulate matter suspended in air.

(b) "Contaminant" means an airborne material capable of causing occupational disease or significant physiological disturbances to a person, and includes, but is not limited to, the substances listed in R 325.2413 to R 325.2419.

(c) "Director" means the director of the department of consumer and industry services or the designee of the director.

(d) "Employer" means an individual or type of organization which has in its employ 1 or more individuals performing services for it.

(e) "Gas" means a normally formless fluid which occupies a space or enclosure and which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature, or both.

(f) "Inert gas" means a gas or vapor which acts primarily as a simple asphyxiant without other significant physiological effect, recognizing that an inert gas may have flammable or explosive characteristics.

(g) "Inert particulate" means an aerosol which does not produce significant organic disease or toxic effect in a lung-tissue reaction from any of the following:

(i) The architecture of the air spaces remains intact.

(ii) Collagen (scar tissue) is not formed to a significant extent.

(iii) The tissue reaction is potentially reversible.

(h) "Particulate matter" means fine solid or liquid particles.

(i) "Physical agent" means a form of energy transmitted directly or through the air from the point of emission to the receiver.

(j) "Vapor" means the gaseous state of a substance.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2403 Definitions pertaining to contaminants {#sec-r-325.2403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2403}

Rule 3. As used in these rules:

(a) "Maximum allowable concentration" or "MAC" means the threshold limit value or the time-weighted average 8-hour airborne concentration of a contaminant to which a person may be safely exposed. R 325.2413 to R 325.2419, tables 1 to 7, refer to the MAC of a particular contaminant.

(b) "Mg/M3" means milligrams of particulate per cubic meter of air.

(c) "Mppcf" means millions of particulates per cubic foot of air based on impinger samples counted by light field microscopic techniques.

(d) "Non-respirable atmosphere" means an atmosphere which contains insufficient oxygen, or an elevated level of contaminants, which may render a person incapable of self-rescue.

(e) "Ppm" means parts of vapor or gas per million parts of air by volume at 25 degrees Celsius and 760 millimeters of mercury pressure.

(f) "Source" means a process or equipment which releases a contaminant into the air in concentrations exceeding the MAC.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2404 Definitions pertaining to noise {#sec-r-325.2404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2404}

Rule 4. As used in these rules:

(a) "Auditory protective equipment" means ear plugs, muffs, or other protective devices worn by an exposed person to attenuate airborne noise pressure in the ear canal.

(b) "Broad-band noise" means noise generally distributed throughout the sound frequency spectrum.

(c) "Continuous noise" means an uninterrupted noise or more than 60 noises per minute.

(d) "dBA" means the airborne sound pressure level measured with the "A" weighting network of a sound level meter.

(e) "Decibel" or "dB" means a dimensionless unit expressing the ratio of 2 sound quantities in logarithmic form, 1 of which quantities is a reference level of 0.0002 microbar.

(f) "Impact noise meter" means an instrument used for the measurement of peak sound pressures of impulse.

(g) "Impulse noise" means a single noise or 60 or less noises per minute.

(h) "Noise" means airborne sound in the frequency range from 20 to 20,000 hertz or cycles per second.

(i) "Sound level meter" means an instrument, whose characteristics comply with those specified in the American standards association, standard S1.4-1961, used for the measurement of the airborne sound pressure level.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2405 Definitions pertaining to respirators {#sec-r-325.2405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2405}

Rule 5. As used in these rules:

(a) "Atmosphere immediately dangerous to life or health" means a nonrespirable atmosphere.

(b) "Canister" means a container filled with air-purifying media to remove gases and vapors from air drawn through the container. The canister may also contain an aerosol filter to remove solid or liquid particulate matter.

(c) "Cartridge" means a canister having reduced air-purifying capacity.

(d) "Facepiece" means that portion of a respirator that is designed to make a gastight or dusttight fit with the face and includes the headbands, exhalation valves, and connections for an air-purifying device or respirable-gas source. A half-mask facepiece covers the wearer's nose and mouth. A full-mask facepiece covers the wearer's nose, mouth, and eyes.

(e) "Filter" means a media used in a respirator to remove solid or liquid particulate matter from air drawn through the respirator.

(f) "Respiratory protective equipment" means a device or system designed to protect the wearer from inhalation of unhealthful atmospheres.

(g) "Respirator" means a type of respiratory protective equipment.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2410 Definitions pertaining to controls {#sec-r-325.2410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2410}

Rule 10. As used in these rules:

(a) "Control" means the limitation of worker exposure to contaminate levels not exceeding the MAC.

(b) "Controlled process" means an arrangement of equipment to control the contaminant by means of suitable design measures.

(c) "Enclosure" means a room, booth, or exhaust hood that confines contaminants at their sources.

(d) "General ventilation" means the supply and removal of air from a space to dilute or remove contaminants.

(e) "Local exhaust ventilation system" means an arrangement of exhaust hoods, ducts, and fans that removes air to control a contaminant at its source.

(f) "Process space" means a tunnel, process equipment, shaft, or enclosed space.

(g) "Supply ventilation system" means an arrangement of inlet openings or equipment to introduce outside air into the working environment.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2411 Contaminants; exposure; MACs {#sec-r-325.2411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2411}

Rule 11. (1) An employer shall not allow the exposure of a person to concentrations of a contaminant in excess of the limit expressed by the contaminant's MAC as established in R 325.2412 to R 325.2419.

(2) An employer shall not allow the exposure of a person to a contaminant or combination of contaminants in concentrations which are hazardous or injurious to the person's health.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2412 Maximum allowable concentrations {#sec-r-325.2412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2412}

Rule 12. (1) Maximum allowable concentrations of air contaminants based on a repeated 8-hour work day exposure are in tables 1 to 7 in R 325.2413 to R 325.2419.

(2) A substance in tables 1 to 6 in R 325.2413 to R 325.2418, which is preceded by A, C, or S, is an especially hazardous contaminant and all of the following precautions shall be taken:

(a) If the substance is preceded by "A," then the employer shall not allow a person or any part of his or her anatomy to be exposed to or come in contact with the substance by any respiratory, oral, or skin route.

(b) If the substance is preceded by "C," then its MAC means the highest concentration at which an employer may allow a person to be exposed at any time.

(c) If the substance is preceded by "S," then an employer shall provide necessary precautions against skin absorption of the contaminant by a person.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2413 Maximum allowable concentrations for substances A and B {#sec-r-325.2413 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2413}

Rule 13. Table 1 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2414 Maximum allowable concentrations for substances C and D {#sec-r-325.2414 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2414}

Rule 14. Table 2 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2415 Maximum allowable concentrations for substances E to H {#sec-r-325.2415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2415}

Rule 15. Table 3 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2416 Maximum allowable concentrations for substances I to M {#sec-r-325.2416 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2416}

Rule 16. Table 4 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2417 Maximum allowable concentrations for substances N to P {#sec-r-325.2417 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2417}

Rule 17. Table 5 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2418 Maximum allowable concentrations for substances Q to Z {#sec-r-325.2418 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2418}

Rule 18. Table 6 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2419 Maximum allowable concentrations for mineral dusts {#sec-r-325.2419 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2419}

Rule 19. Table 7 reads as follows:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2421 Continuous, broad-band noise {#sec-r-325.2421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2421}

Rule 21. (1) The following are maximum permissible levels of continuous, broadband noise based on daily exposure time in places of employment:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2422 Impulse noise {#sec-r-325.2422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2422}

Rule 22. The maximum permissible level for impulse noise shall be 140 dB as measured with a cathode-ray oscilloscope system or with other equipment such as the impact noise meter capable of indicating the maximum-instantaneous peak noise level.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2424 Illumination {#sec-r-325.2424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2424}

Rule 24. The level of illumination shall be adequate as determined by the director for the performance of the task.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2429 Control methods for enclosures and controlled processes {#sec-r-325.2429 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2429}

Rule 29. (1) An enclosure shall be provided at a stationary source unless the omission of the enclosure does not impair control.

(2) A controlled process shall be designed and regulated to prevent the creation of a hazard to health or life. If the director determines that there may be an immediate danger to health or life due to the failure of the process design or regulatory device, then he or she may require that the process fail-safe in such manner to avert the hazard.

History

• History: 1954 ACS 61, Eff. Feb. 16, 1970; 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2430 Rescinded {#sec-r-325.2430 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2430}

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 325.2431 Inert gas or foam systems {#sec-r-325.2431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2431}

Rule 31. If an inert gas or foam system is provided in an occupied area for the prevention or extinguishment of fire or explosion, then the affected area shall be conspicuously posted to call attention to the potential creation of a nonrespirable atmosphere. The actuating of an audible and visible alarm before the system is activated shall be provided. The system shall incorporate a sufficient time-delay to permit the egress of persons within the affected area. After the activation of the system, an audible and visible warning that a nonrespirable atmosphere has been created within the area shall continue until the nonrespirable atmosphere has been purged or diluted with air to safe breathing levels.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2434 Supply ventilation systems {#sec-r-325.2434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2434}

Rule 34. (1) A supply ventilation system shall be provided to ensure a flow of air into the working environment to replace the volume of air exhausted.

(2) A mechanical air supply system shall be provided if its absence will result in building negative pressures sufficient to cause back-drafting of vents from fuel-fired equipment or ineffective control.

(3) Mechanical air supply volumes shall be heated to maintain a minimum air temperature of 65 degrees Fahrenheit measured at the point of air discharge to the space. Exceptions to this requirement are refrigerated storage rooms, special process rooms, and similar locations where lower air temperatures are essential to the preservation of the product or service, or, if in the opinion of the director, a lower air temperature will not be harmful to the health of the persons affected.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2435 Direct-fired air heaters {#sec-r-325.2435 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2435}

Rule 35. (1) A direct-fired air heater, wherein combustion products are released in the supply air stream, may be installed in buildings of industrial occupancy, garages, laundries, and commercial kitchens. They shall not be installed in offices, schools, hospitals, and places of public assembly.

(2) A direct-fired air heater shall have an inlet duct connected directly to the out-ofdoors. Room air shall not be circulated across the burner.

(3) A direct-fired air heater shall deliver air which contains not more than 10 ppm of carbon monoxide and is free from odors of combustion products. Permissible concentrations of other contaminants in the delivered air may be established by the director pursuant to their MAC and the degree of exposure to a person.

(4) The air volume supplied to the building by a direct-fired air heater shall not exceed 110% of the total air volume exhausted. The director may require interlocking of a heater control system with an exhaust ventilation system if necessary to ensure that the exhaust systems are operating.

(5) A direct-fired air heater shall have both of the following:

(a) A pre-ignition purge of fresh air.

(b) A positive fuel supply closure in the event of fuel supply failure, ignition failure, flame failure, power failure or interruption, or air flow reduction below 50% of its rated capacity.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2436 Exhaust ventilation systems {#sec-r-325.2436 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2436}

Rule 36. The minimum rate of exhaust ventilation for places of manufacturing, processing, assembling, maintenance and repair, or storage of material shall be 1 cubic foot of air per minute per square foot of floor area. This amount of exhaust ventilation may be provided by local exhaust, general exhaust, or both. The director may permit a variance if contaminant control can be accomplished at a lesser rate of ventilation.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2437 Local exhaust ventilation {#sec-r-325.2437 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2437}

Rule 37. (1) Local exhaust ventilation shall be provided at all stationary sources. The director may allow a variance from this requirement if control is accomplished with general ventilation.

(2) If a local exhaust system is used, then the exhaust air volume shall create an indraft air volume at an enclosure, hood, duct, or fan sufficient to control the contaminant.

(3) A local exhaust system shall be designed to capture and control the contaminant. Distribution of exhaust air between various exhaust points may be accomplished by balanced duct design. If balancing gates are used, then they shall be locked permanently in place after final adjustment.

(4) The design and construction of a local exhaust ventilation system shall be adequate for the contaminant and conditions of service. A listing of practical ventilation texts and references shall be available from the director upon request. Technical information and experience regarding specific contaminants and control measures may be obtained from the director.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2438 General ventilation system {#sec-r-325.2438 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2438}

Rule 38. A general ventilation system may be used for contaminant control. The ventilation air volume shall be sufficient to dilute the airborne contaminant to levels not exceeding the MAC.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2439 Exhaust system discharge locations {#sec-r-325.2439 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2439}

Rule 39. The discharge locations of local exhaust or general exhaust systems shall not permit exhausted air to re-enter a workroom or other buildings directly, or indirectly, through air supply systems without substantial dilution.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2440 Recirculation of air from exhaust systems {#sec-r-325.2440 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2440}

Rule 40. (1) The recirculation of air containing a contaminant whose MAC is at least 1000 ppm, 15 mg/m3, or 50 mppcf, shall be permitted if the exhaust ventilation system is equipped with an air cleaning device capable of reducing the contaminant concentrations to 10% or less of their MAC in the returned air.

(2) The director may allow the recirculation of air containing a contaminant whose MAC is less than 1000 ppm, 15 mg/m3 or 50 mppcf, if the toxicity of the contaminant and the degree of air cleaning to be achieved create an environment which will not impair the health of the workers, and if the contaminant concentrations in the returned air do not exceed 10% of its MAC.

(3) A recirculation system shall include an alternate air duct connection to discharge the returned air outside of the building if necessary to protect the workers' health.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2441 Air pollution control {#sec-r-325.2441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2441}

Rule 41. A local exhaust and general exhaust ventilation system shall comply with rules adopted by the Michigan Department of Environmental Quality, being R 336.1101 to R 336.1910.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2442 Respiratory protective equipment; selection and use {#sec-r-325.2442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2442}

Rule 42. (1) Respiratory protective equipment for the safeguarding of the workers' health shall be provided by the employer if other methods do not control the contaminants.

(2) Respiratory protective equipment for the safeguarding of a worker's health may be used in place of other control measures in intermittent or temporary work situations.

(3) Respiratory protective equipment shall be of a type approved for protection against the contaminant and degree of exposure to be encountered. A listing of approved types of respiratory protective equipment shall be available from the director.

(4) Responsibility for equipment selection, issuance, use, training, and maintenance shall be vested in a qualified individual who shall have sufficient knowledge of the subject.

(5) A worker shall be trained in the use of the equipment and shall have an opportunity to become familiar with it, have it fitted properly, and test its facepiece to face seal. If a worker needs to wear corrective lenses, then the facepiece and lenses shall be fitted by a qualified individual.

(6) A worker shall use the equipment in accordance with instructions, shall report any malfunctioning of the equipment to the person responsible, and shall guard the equipment against damage.

(7) If the equipment is to be used in an atmosphere immediately dangerous to life or health, then the worker shall use it in normal air for a reasonable familiarity period.

(8) Emergency equipment shall be readily accessible at all times and its location shall be clearly marked.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2442a Respiratory protective equipment; maintenance {#sec-r-325.2442a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2442a}

Rule 42a. (1) Respiratory protective equipment shall be maintained in clean and effective condition.

(2) Routinely used equipment shall be cleaned, inspected, and sanitized as frequently as necessary to ensure that proper protection is provided for the wearer.

(3) Emergency equipment that is not routinely used shall be inspected, cleaned, and sanitized after each use and inspected at least monthly to ensure that it is in effective working condition. A record shall be kept of inspection dates and findings.

(4) Equipment inspection shall include a check of the tightness of connections and the proper functioning of all parts.

(5) Replacement or repairs shall be made by trained persons with parts designated for the specific equipment. Reducing valves or regulators shall be returned to the manufacturer or to a trained technician for adjustment or repair.

(6) Equipment shall be stored to protect against dust, sunlight, heat, extreme cold, excessive moisture, or damaging chemicals.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2442b Respiratory protective equipment; types for certain hazards {#sec-r-325.2442b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2442b}

Rule 42b. The following equipment shall be used in any of the following hazards:

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2442c Respiratory protective equipment; supplies and components {#sec-r-325.2442c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2442c}

Rule 42c. (1) Compressed or liquid oxygen used with respiratory protective equipment shall be of high purity. Compressed oxygen shall not be used in supplied-air respirators or in open-circuit self-contained breathing apparatus that have previously used compressed air.

(2) Air may be supplied to equipment from cylinders or air compressors with proper pressure regulation and control. Air shall contain 19-23% oxygen and not more than 20 ppm carbon monoxide and 5 mg/m3 oil mist.

(3) A compressor or compressor air intake shall be situated so as to prevent entry of contaminants into the system in amounts which may be injurious to the health of an exposed person.

(4) An oil lubricated compressor shall incorporate suitable inline air purifying sorbents and filters, temperature regulators, and high-temperature cut-off to assure breathing air quality. An oil lubricated compressor shall not use vegetable oil lubricants.

(5) An air-line coupling or connector shall be incompatible with outlets for other gas systems to prevent connection with nonrespirable gases or oxygen.

(6) A self-contained breathing apparatus and universal type gas mask shall incorporate an audible or visible alarm or window to indicate impending failure of the device to provide respirable air. It is recommended that warning be given when 20- 25% of rated service time remains.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2443 Variances {#sec-r-325.2443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2443}

Rule 43. Variances as provided in R 325.2436 and R 325.2437(1) may be granted by the director upon written request. Variances granted by the director shall be in writing and shall consider the potential health hazard and the control measures to be employed.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2444 Hearing procedures {#sec-r-325.2444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2444}

Rule 44. (1) The director shall serve a written notice upon an employer alleged to be in violation of these rules. The notice shall describe the alleged violation and set a date, time, and place for a hearing to determine whether a violation exists. The notice shall be delivered at least 15 days before the hearing date.

(2) Evidence and testimony may be introduced at the hearing and all interested parties shall be given the full opportunity to present evidence and to cross-examine witnesses.

(3) If a violation is found to exist, the director shall issue an order directing the person, firm, or corporation to correct the violation before a specified correction date.

The correction date shall be established with consideration to the health hazard involved and the difficulty of eliminating the violation.

(4) At the time of the hearing, or within 30 days after receipt of an order from the director, the person, firm, or corporation may request an extension of the correction date. The director may grant an extension of the correction date, with consideration to the health hazard and the difficulty of correction, for a reasonable time if it is shown that the violation can and will be corrected before the extended correction date.

(5) If a violation is not eliminated within the time specified, then the director shall issue a final order directing the person, firm, or corporation to cease the operation of the source that is in violation.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2445 Emergency procedure {#sec-r-325.2445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2445}

Rule 45. If the director knows there is an immediate and serious hazard from exposure to a contaminant and he or she believes that a delay of 15 days would be prejudicial to the health or life of exposed persons, then the director shall notify the employer by written notice to discontinue immediately the exposure to the contaminant. Within 15 days the director shall provide the employer the opportunity to be heard and to present any proof that exposure to the contaminant does not constitute a danger to the health or life of the exposed persons.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2446 Appeals {#sec-r-325.2446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2446}

Rule 46. An employer aggrieved by a decision of the director may appeal the decision pursuant to sections 101 to 106 of 1969 PA 306, MCL 24.301 to 24.306.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2447 Amendments; revisions {#sec-r-325.2447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2447}

Rule 47. (1) If the director has knowledge that rule revision is required for the prevention of occupational disease or significant physiological disturbance, or after consideration of a request by any person, he may proceed to amend these rules in accordance with the administrative procedures act.

(2) If the director believes that there is a significant hazard to the health of exposed persons, he may proceed to amend these rules and provide for the immediate effect of the amendment in accordance with the administrative procedures act.

History

• History: 1979 AC; 2003 AACS.

Mich. Admin. Code R 325.2448 Rescission {#sec-r-325.2448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.2448}

Rule 48. The rules entitled "Basic Guides for Control of Exposure to Atmospheric Contaminants in Places of Employment," being R 325.1351 to R 325.1355 of the Michigan Administrative Code and appearing on pages 2592 to 2599 of the 1962 Annual Supplement to the Code, are rescinded.

History

• History: 1979 AC; 2003 AACS.

R 325.3451 to R 325.3476 Part 470. Employee Medical Records and Trade Secrets

Mich. Admin. Code R 325.3451 Scope, applicability, adoption, and availability of standards {#sec-r-325.3451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3451}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 470. EMPLOYEE MEDICAL RECORDS AND TRADE SECRETS

Rule 1. (1) These rules apply to all employers covered in the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, who make, maintain, contract for, or have access to, employee exposure or medical records, or analyses thereof, pertaining to employees exposed to toxic substances or harmful physical agents.

(2) These rules apply to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents, whether or not the records are related to specific occupational safety or health rules.

(3) These rules apply to all employee exposure and medical records, and analyses thereof, made or maintained in any manner, including on an in-house, contractual, or fee-for-service basis. An employer shall ensure that the preservation and access requirements of these rules are complied with, regardless of the manner in which records are made or maintained.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1020 “Access to employee exposure and medical records,” as amended June 8, 2011.

(b) 29 CFR 1910.1020, appendix A “Sample authorization letter for the release of employee medical record information to a designated representative (non-mandatory),” as amended June 20, 1996.

(c) 29 CFR 1910.1020, appendix B “Availability of NIOSH registry of toxic effects of chemical substances (RTECS) (non-mandatory),” as amended June 20, 1996.

(5) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(6) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(7) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(8) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(9) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(10) The following Michigan Occupational Safety and Health Administration (MIOSHA) standard is referenced in these rules: Occupational Health Standard Part 430.

“Hazard Communication,” R 325.77001 to R 325.77004. Up to 5 copies of this standard may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3451a Rescinded {#sec-r-325.3451a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3451a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.3452 Rescinded {#sec-r-325.3452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3452}

History

• History: 1983 AACS; 1993 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.3453 Rescinded {#sec-r-325.3453 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3453}

History

• History: 1983 AACS; 1993 AACS; 1998-2000 AACS; 2014 AACS; AACS.

Mich. Admin. Code R 325.3454 Rescinded {#sec-r-325.3454 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3454}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3455 Rescinded {#sec-r-325.3455 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3455}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3456 Rescinded {#sec-r-325.3456 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3456}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3457 Rescinded {#sec-r-325.3457 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3457}

History

• History: 1983 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.3458 Rescinded {#sec-r-325.3458 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3458}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3459 Rescinded {#sec-r-325.3459 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3459}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3460 Rescinded {#sec-r-325.3460 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3460}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3461 Rescinded {#sec-r-325.3461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3461}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3462 Rescinded {#sec-r-325.3462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3462}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3463 Rescinded {#sec-r-325.3463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3463}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3464 Rescinded {#sec-r-325.3464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3464}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3465 Rescinded {#sec-r-325.3465 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3465}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3466 Rescinded {#sec-r-325.3466 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3466}

History

• History: 1983 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.3467 Rescinded {#sec-r-325.3467 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3467}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3468 Rescinded {#sec-r-325.3468 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3468}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3469 Rescinded {#sec-r-325.3469 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3469}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3470 Rescinded {#sec-r-325.3470 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3470}

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 325.3471 Access to records by the department {#sec-r-325.3471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3471}

Rule 21. (1) An employer shall, upon request, and without derogation of any rights under the constitution and the act that the employer chooses to exercise, assure the prompt access of representatives of the department to employee exposure and medical records and to analyses based on exposure or medical records.

(2) If a representative of the department seeks access to personally identifiable employee medical information by presenting to the employer a written access order signed by the director, the employer shall prominently post a copy of the written access order for not less than 15 working days.

History

• History: 1983 AACS; 1993 AACS.

Mich. Admin. Code R 325.3472 Trade secrets; employee requests, procedures; discrimination complaints {#sec-r-325.3472 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3472}

Rule 22. (1) Except as provided in subrule (3) of this rule, an employer may delete, from records that are requested by a health professional, employee, or designated representative, a trade secret, as defined by section 6(7) of the act, which discloses manufacturing processes or which discloses the percentage of a chemical substance in a mixture, if the employer notifies the health professional, employee, or designated representative, in writing, that the trade secret information has been deleted.

(2) If deletion of trade secret information by an employer pursuant to the provisions of subrule (1) of this rule substantially impairs the evaluation of a place where, or a time when, exposure of an employee to a toxic substance or harmful physical agent occurred, the employer shall provide alternative information that is sufficient to permit the employee or designated representative to identify where and when exposure occurred.

(3) An employer may withhold a specific chemical name and identity, the exact percentage (concentration) of the substance in a mixture, and other specific identification of a toxic substance from a disclosable record if all of the following provisions are satisfied:

(a) The claim that the information withheld is a trade secret can be supported pursuant to the provisions of section 14d of the act.

(b) All other available information on the properties and toxic effects of the substances is disclosed.

(c) The employer informs the requesting party that the specific chemical identity and percentage composition are withheld as a trade secret.

(d) The specific chemical identity and percentage composition are made available, upon request, to health professionals, employees, and designated representatives pursuant to the applicable provisions of R 325.3472a.

History

• History: 1983 AACS; 1993 AACS; 2014 AACS.

Mich. Admin. Code R 325.3472a Trade secrets; disclosure in medical emergency and nonemergency {#sec-r-325.3472a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3472a}

Rule 22a. (1) If a treating physician or nurse determines that a medical emergency exists and the specific chemical identity or specific percentage of composition of a toxic substance is necessary for emergency or first aid treatment, an employer shall immediately disclose the specific chemical identity or percentage composition of a trade secret chemical to the treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The employer may require a written statement of need and confidentiality agreement, pursuant to the provisions of subrules (2) and (3) of this rule, as soon as circumstances permit.

(2) In nonemergency situations, an employer shall, upon request, disclose a specific chemical identity or percentage composition, otherwise permitted to be withheld pursuant to the provisions of R 325.3472(4), to a health professional, employee, or designated representative if all of the following provisions are met:

(a) The request is in writing.

(b) The request describes, with reasonable detail, 1 or more of the following occupational health needs for the information:

(i) To assess the hazards of the chemicals to which employees will be exposed.

(ii) To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels.

(iii) To conduct preassignment or periodic medical surveillance of exposed employees.

(iv) To provide medical treatment to exposed employees.

(v) To select or assess appropriate personal protective equipment for exposed employees.

(vi) To design or assess engineering controls or other protective measures for exposed employees.

(vii) To conduct studies to determine the health effects of exposure.

(c) The request explains, in detail, why the disclosure of the specific chemical identity or percentage compositionis essential and why the disclosure of the following information would not enable the health professional, employee, or designated representative to provide the occupational health services described in subrule (2)(b) of this rule:

(i) The properties and effects of the chemical.

(ii) Measures for controlling workers' exposure to the chemical.

(iii) Methods of monitoring and analyzing worker exposure to the chemical.

(iv) Methods of diagnosing and treating harmful exposures to the chemical.

(d) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information.

(e) The health professional, employee, or designated representative and the employer or contractor of the services of the health professional or designated representative agree, in a written confidentiality agreement, that the health professional, employee, or designated representative will not use the trade secret information for any purpose other than the health need asserted and agree not to release the information under any circumstances other than to the department, as provided in subrule (7) of this rule, except as authorized by the terms of the agreement or by the employer.

(3) The confidentiality agreement that is authorized by subrule (2) of this rule may do either of the following:

(a) Restrict the use of the information to the health purposes indicated in the written statement of need.

(b) Provide for appropriate legal remedies for a breach of the agreement, including stipulation of a reasonable estimate of likely damages. The agreement shall not include requirements for the posting of a penalty bond.

(4) Nothing in these rules is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.

(5) If the health professional, employee, or designated representative who receives the trade secret information decides that there is a need to disclose it to the department, then the employer who provided the information shall be informed by the health professional before, or at the same time as, the disclosure.

(6) If an employer denies a written request for disclosure of a specific chemical identity or percentage composition, then the denial shall be in compliance with all of the following provisions:

(a) Be provided to the health professional, employee, or designated representative within 30 days of the request.

(b) Be in writing.

(c) Include evidence to support the claim that the specific chemical identity or percentage composition is a trade secret according to the provisions of section 14d of the act.

(d) State the specific reasons why the request is being denied.

(e) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity or percentage composition.

(7) The health professional, employee, or designated representative whose request for information is denied pursuant to the provisions of subrule (2) of this rule, may refer the request and the written denial of the request to the department for consideration.

(8) If a health professional, employee, or designated representative refers a denial to the department pursuant to subrule (2) of this rule, the department shall consider the evidence to determine which of the following are true:

(a) The employer has supported the claim that the specific chemical identity or percentage composition is a trade secret.

(b) The health professional, employee, or designated representative has supported the claim that there is a medical or occupational health need for the information.

(c) The health professional, employee, or designated representative has demonstrated adequate means to maintain confidentiality.

(9) With regard to an investigation, both of the following provisions apply:

(a) If the department determines that the specific chemical identity or percentage composition requested pursuant to the provisions of subrule (2) of this rule is not a bona fide trade secret, or that it is a trade secret, but the requesting health professional, employee, or designated representatives has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means for complying with the terms of such agreement, then the employer will be subject to citation by the department.

(b) If an employer demonstrates to the department that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the authorized disclosure of a trade secret specific chemical identity or percentage composition, then the department may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health needs are met without an undue risk of harm to the employer.

(10) Notwithstanding the existence of a trade secret claim, an employer shall, upon request, disclose to the director any information that these rules require the employer to make available. If there is a trade secret claim, the claim shall be made not later than at the time the information is provided to the director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.

(11) Nothing in these rules shall be construed as requiring, under any circumstances, the disclosure of process or percentage of mixture information that is a trade secret.

History

• History: 1993 AACS; 2014 AACS.

Mich. Admin. Code R 325.3473 Rescinded {#sec-r-325.3473 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3473}

History

• History: 1983 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.3474 Availability of rules and appendices to employees {#sec-r-325.3474 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3474}

Rule 24. An employer shall make readily available to employees a copy of these rules and their appendices and shall distribute to employees any other informational materials concerning these rules which are made available to the employer by the department or the director.

History

• History: 1983 AACS.

Mich. Admin. Code R 325.3475 Rescinded {#sec-r-325.3475 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3475}

History

• History: 1983 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.3476 Rescinded {#sec-r-325.3476 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3476}

History

• History: 1983 AACS; 1993 AACS; 1998 AACS; 2014 AACS.

R 325.3551 to R 325.3571 Asbestos Contractor Licensing

Mich. Admin. Code R 325.3551 Definitions {#sec-r-325.3551 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3551}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

OCCUPATIONAL HEALTH STANDARDS COMMISSION

ASBESTOS CONTRACTOR LICENSING

(By authority conferred on the department of public health by section 301 of Act No. 135 of the Public Acts of 1986, being S338.3301 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means Act No. 135 of the Public Acts of 1986, being S338.3101 et seq. of the Michigan Compiled Laws, and known as the asbestos abatement contractors licensing act.

(b) "Citation" means a written communication issued by the department to an employer pursuant to section 307 of the act.

(c) "Director" means the director of the department of public health or his or her designee.

(d) "Employee" means a person permitted to work by an employer.

(e) "Employer" means an individual or organization, including the state or a political subdivision thereof, which employs 1 or more persons.

(f) "Establishment" means a single physical location where business is conducted or where services or operations are performed.

(g) "Inspection" means the examination or survey of an establishment to determine compliance with the act or rules promulgated, or orders issued, pursuant to the act.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3553 Licenses {#sec-r-325.3553 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3553}

Rule 3. The department shall issue, deny, renew, and revoke licenses pursuant to sections 205, 207, 209, 211, 213, 215, 217, 219, and 305 of the act and in accordance with and subject to Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3555 Authority for inspection {#sec-r-325.3555 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3555}

Rule 5. (1) A department representative, upon presenting appropriate credentials, may enter, at all reasonable times, any asbestos abatement project to inspect any such project and all pertinent conditions; to question privately any asbestos abatement contractor, employer, owner, operator, agent, construction contractor, construction subcontractor, or employee; and to review records required by the act and these rules and other records which are directly related to the purpose of the inspection.

(2) Before inspecting areas containing information which is classified by an agency of the federal government in the interest of national security, department representatives shall obtain the appropriate security clearance.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3557 Objection to inspection {#sec-r-325.3557 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3557}

Rule 7. (1) Upon a refusal to permit a department representative, in the exercise of his or her official duties, to enter any establishment to inspect, to review records, or to question any asbestos abatement contractor, employer, owner, operator, agent, construction contractor, construction subcontractor, or employee, pursuant to R 325.3555, the department representative shall terminate the inspection or confine the inspection to the areas to which there is no objection.

(2) A department representative shall endeavor to determine the reason for refusal to enter and shall immediately report the refusal and the reason therefor to the director. The director 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.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3559 Entry not waiver {#sec-r-325.3559 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3559}

Rule 9. Permission to enter, inspect, review records, or question a person shall not imply, or be conditioned upon, a waiver of any cause or action, citation, or penalty under the act. A department representative shall not grant a waiver.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3561 Conduct of inspection {#sec-r-325.3561 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3561}

Rule 11. (1) Subject to the provisions of R 325.3555, an inspection shall take place at such times and in such places of employment as the department director or his or her designee may direct. At the beginning of an inspection, the department representative shall present his or her credentials to the asbestos abatement contractor, employer, owner, operator, agent, construction contractor, or construction subcontractor in charge of the establishment, explain the nature and purpose of the inspection, and generally indicate the scope of the inspection and the records specified in R 325.3555 which he or she wishes to review. A designation of records shall not preclude access to additional records as specified in R 325.3555.

(2) A department representative may take air, environmental, and material samples, take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any asbestos abatement contractor, employer, owner, operator, agent, construction contractor, construction subcontractor, or employee.

(3) In taking photographs and samples, a department representative shall take reasonable precautions to insure that any actions with flash equipment or sparkproducing or other equipment are not hazardous. The department representative shall comply with all employer safety and health rules and practices at the establishment being inspected and shall wear and use appropriate protective clothing and equipment.

(4) The conduct of inspections shall not cause unreasonable disruption of the operations of the employer's establishment.

(5) Following the completion of an inspection by the department representative, an opportunity for a conference shall be afforded the asbestos abatement contractor or his or her representative to informally advise the contractor or his or her representative of any apparent violations disclosed by the inspection.

During the conference, the asbestos abatement contractor shall be afforded an opportunity to bring to the attention of the department representative any information regarding conditions in the workplace pertinent to any apparent violations.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3563 Trade secrets {#sec-r-325.3563 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3563}

Rule 13. (1) Information reported to, or otherwise obtained by, a department representative in connection with an inspection or proceeding under the act which contains, or which might reveal, a trade secret shall be considered confidential. The information may be disclosed only to another department representative concerned with carrying out his or her responsibilities under the act or when relevant in any proceeding under the act. In any 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 shall not be subject to public inspection and copying.

(3) At the commencement of an inspection, an asbestos abatement contractor or 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 those areas, including all negatives and prints of photographs and environmental samples, shall be labeled "confidential--trade secret" and shall not be disclosed.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3565 Initiation of inspections {#sec-r-325.3565 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3565}

Rule 15. The department may investigate practices of an asbestos abatement contractor based upon its own discretion, a recommendation by the board, or upon written complaint of an aggrieved party pursuant to section 305 of the act.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3567 Citations {#sec-r-325.3567 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3567}

Rule 17. (1) If the department representative believes that an asbestos abatement contractor has violated a requirement of the act or any rule promulgated, or order issued, pursuant to the act, he or she shall issue a citation in person or by registered mail to the asbestos abatement contractor. An appropriate citation shall be issued even though, after being informed of an alleged violation by the department representative, the asbestos abatement contractor immediately abates, or initiates steps to abate, the alleged violation. A citation shall be issued with reasonable promptness after termination of the inspection. A citation shall not be issued under this rule after the expiration of 90 days from the completion of the physical inspection 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, standard, rule, regulation, or order alleged to have been violated. The citation shall also state the civil penalty, if any, and the right to appeal the citation pursuant to section 309 of the act.

(3) A citation shall contain, on its face, a statement that it is an allegation of a violation. The issuance of a citation shall not constitute a finding that a violation of the act has occurred, unless there is a failure to appeal to the department for an administrative hearing or, if appealed to the department, unless the citation is affirmed by the director.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3569 Civil penalties {#sec-r-325.3569 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3569}

Rule 19. (1) Concurrent with the issuance of a citation, the department shall notify the asbestos abatement contractor of the proposed penalty as provided by section 307 of the act or that no penalty is being proposed. The notice of the proposed penalty shall include statements informing the asbestos abatement contractor that the proposed penalty shall become a final order of the department unless, within 20 days from the date of receipt of the notice, the asbestos abatement contractor notifies the department, in writing, that he or she intends to appeal the citation or the proposed penalty. 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 becomes a final order.

(2) The department shall determine the amount of a proposed penalty, pursuant to section 307 of the act, giving due consideration to the appropriateness of the penalty with respect to the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, and degree of culpability, and such other matters as justice may require.

History

• History: 1988 AACS.

Mich. Admin. Code R 325.3571 Appeals {#sec-r-325.3571 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.3571}

Rule 21. (1) An alleged violator may petition the department for an administrative hearing pursuant to section 309 of the act and Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.

After the administrative hearing, the director may affirm, dismiss, or modify the citation.

(2) An alleged violator aggrieved by a decision of the department may petition the circuit court of the county in which the violation was alleged to have occurred for review. This petition shall be filed within 60 days of the director's final decision.

History

• History: 1988 AACS.

R 325.18301 to R 325.18303 Part 591. Process Safety Management of Highly Hazardous Chemicals

Mich. Admin. Code R 325.18301 Scope {#sec-r-325.18301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.18301}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 591. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS

CHEMICALS

Rule 1. (1) This standard establishes the minimum requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. These releases may result in toxic, fire, or explosion hazards.

(2) The regulations adopted by R 325.18302 shall apply to all workplaces pursuant to the provisions of these rules.

(3) The manufacture of explosives, as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 325.18303, shall be in compliance with the requirements contained in the provisions of these rules.

(4) The manufacture of pyrotechnics as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 325.18303, shall be in compliance with the provisions of these rules.

History

• History: 1993 AACS; 1999 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 325.18302 Adoption of standards by reference {#sec-r-325.18302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.18302}

Rule 2. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.119 “Process safety management of highly hazardous chemicals,” effective February 8, 2013.

(b) 29 C.F.R. §1910.119 Appendix A “List of highly hazardous chemicals, toxics and reactives (mandatory),” effective December 27, 2011.

(2) All of the following provisions apply with respect to the regulations adopted in this rule:

(a) A reference to 29 C.F.R. §1910.1200 “Hazard communication,” means Occupational Health Standard Part 430 “Hazard Communication;” General Industry Safety Standard Part 92 “Hazard Communication;” and Construction Safety Standard Part 42 “Hazard Communication;” as referenced in R 325.18303.

(b) A reference to 29 C.F.R. §1910.38, “Emergency action plans,” means General Industry Safety Standard Part 6 “Fire Exits,” as referenced in R 325.18303.

(c) A reference to 29 C.F.R. §1910.109, “Explosives and blasting agents,” means General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 325.18303.

(d) A reference to 29 C.F.R. §1910.252, “Welding, cutting, and brazing,” means General Industry Safety Standard Part 12 “Welding and Cutting,” as referenced in R 325.18303.

(e) A reference to 29 C.F.R. §1910.120 “Hazardous waste operations and emergency response,” means Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” as referenced in R 325.18303.

(3) The provisions of 29 C.F.R. §1910.119 and 29 C.F.R. §1910.119 Appendix A have the same force and effect as rules promulgated under the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The standards adopted in this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standards adopted in this rule are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143.

(6) The standards adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History

• History: 1993 AACS; 1999 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 325.18303 MIOSHA referenced standards {#sec-r-325.18303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.18303}

Rule 3. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44203.

(b) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19203.

(c) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(d) General Industry Safety Standard Part 6 “Fire Exits,” R 408.10601 to R 408.10697.

(e) General Industry Safety Standard Part 12 “Welding and Cutting,”

R 408.11201 to R 408.11299.

(f) General Industry Safety Standard Part 55 “Explosives and Blasting Agents,”

R 408.15501.

(g) Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” R 325.52101 to R 325.52137.

History

• History: 2013 AACS; 2016 AACS.

R 325.34001 to R 325.34010 Part 340 Beryllium for General Industry

Mich. Admin. Code R 325.34001 Scope, application, adoption, and availability of standards {#sec-r-325.34001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.34001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 340. BERYLLIUM

Rule 4001. (1) This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in general industry, except those articles and materials exempted by subrules (2) and (3) of this rule.

(2) This standard does not apply to articles, as defined in General Industry Standard Part 92.

“Hazard Communication,” that contain beryllium and that the employer does not process.

(3) This standard does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8 hour TWA under any foreseeable conditions.

(4) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1024, “Beryllium,” as amended September 14, 2020, is adopted by reference in these rules.

(5) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(6) A reference to 29 CFR 1910.1020, “Access to employee exposure and medical records,” means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(7) A reference to 29 CFR 1910.134, “Respiratory Protection,” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR part 1910, subpart I, “Personal Protective Equipment,” means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment” or General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(9) A reference to 29 CFR 1910.1200, “Hazard communication,” means Occupational Health Standard Part 430. “Hazard Communication.”

(10) A reference to 29 CFR 1910.141, “Sanitation,” means General Industry Safety and Health Standard Part 474. “Sanitation.”

(11) The OSHA regulation adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,”

R 408.13301 to R 408.13398.

(b) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(c) General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(d) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.

(f) General Industry Safety and Health Standard Part 433. "Personal Protective Equipment," R 325.60001 to R 325.60013.

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.34005 Rescinded {#sec-r-325.34005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.34005}

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.34010 Rescinded {#sec-r-325.34010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.34010}

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 31, 2021.

R 325.35001 to R 325.35011 Part 350. Carcinogens

Mich. Admin. Code R 325.35001 Scope, application, adoption, and availability of standards {#sec-r-325.35001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 350. CARCINOGENS

Rule 1. (1) These rules apply to any area in which the following carcinogens are manufactured, processed, repackaged, released, handled, or stored, but do not apply to transshipment in sealed containers, except for the labeling requirements under 29 CFR 1910.1003(e)(2), (3), and (4). The 13 carcinogens are the following:

(a) 4-Nitrobiphenyl, chemical abstracts service register number (CAS No.) 92933.

(b) alpha-Naphthylamine, CAS No. 134327.

(c) Methyl chloromethyl ether, CAS No. 107302.

(d) 3,3'-Dichlorobenzidine (and its salts) CAS No. 91941.

(e) bis-Chloromethyl ether, CAS No. 542881.

(f) beta-Naphthylamine, CAS No. 91598.

(g) Benzidine, CAS No. 92875.

(h) 4-Aminodiphenyl, CAS No. 92671.

(i) Ethyleneimine, CAS No. 151564.

(j) beta-Propiolactone, CAS No. 57578.

(k) 2-Acetylaminofluorene, CAS No. 53963.

(l) 4-Dimethylaminoazo-benezene, CAS No. 60117.

(m) N-Nitrosodimethylamine, CAS No. 62759.

(2) These rules do not apply to any of the following:

(a) Solid or liquid mixtures containing less than 0.1% by weight or volume of any of the following:

(i) 4-Nitrobiphenyl.

(ii) Methyl chloromethyl ether.

(iii) Bis-chloromethyl ether.

(iv) Beta-Naphthylamine.

(v) Benzidine.

(vi) 4-Aminodiphenyl.

(b) Solid or liquid mixtures containing less than 1.0% by weight or volume of any of the following:

(i) Alpha-Naphthylamine.

(ii) 3,3'-Dichlorobenzidine (and its salts).

(iii) Ethyleneimine.

(iv) Beta-Propiolactone.

(v) 2-Acetylaminofluorene.

(vi) 4-Dimethylaminoazobenzene.

(vii) N-Nitrosodimethylamine.

(3) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1003 “13 Carcinogens (4 Nitrobiphenyl, etc.),” as amended March 26, 2012, is adopted by reference in these rules.

(4) A reference to 29 CFR 1910.134 means Occupational Health Standard Part 451.

“Respiratory Protection.”

(5) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 451. “Respiratory Protection.” R 325.60051 to R 325.60052.

(b) Occupational Health Standard Part 430. “Hazard Communication.”

R 325.77001 to R 325.77004.

(c) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35002 Rescinded {#sec-r-325.35002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35002}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35002a Rescinded {#sec-r-325.35002a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35002a}

History

• History: 2013 AACS; 2018 AACS8.

Mich. Admin. Code R 325.35003 Rescinded {#sec-r-325.35003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35003}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35004 Rescinded {#sec-r-325.35004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35004}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35005 Rescinded {#sec-r-325.35005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35005}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35006 Rescinded {#sec-r-325.35006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35006}

History

• History: 2002 AACS; 2018 AACS.

Mich. Admin. Code R 325.35006a Rescinded {#sec-r-325.35006a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35006a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35007 Rescinded {#sec-r-325.35007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35007}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35008 Rescinded {#sec-r-325.35008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35008}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35009 Rescinded {#sec-r-325.35009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35009}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.35010 Rescinded {#sec-r-325.35010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35010}

History

• History: 2002 AACS; 2013 AACS.

Mich. Admin. Code R 325.35011 Rescinded {#sec-r-325.35011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.35011}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

R 325.47201 to R 325.47201 Part 472. Medical Services and First Aid

Mich. Admin. Code R 325.47201 Medical services and first aid {#sec-r-325.47201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 472. MEDICAL SERVICES AND FIRST AID

Rule 7201. (1) An employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health.

(2) An employer shall ensure that, in the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.

(3) An employer shall ensure that suitable facilities for quick drenching or flushing of the eyes and body are provided within the work area for immediate emergency use when the eyes or body of any person may be exposed to injurious or corrosive materials.

(4) In areas where 911 emergency dispatch services are not available, the telephone numbers of the physicians, hospitals, or ambulances shall be conspicuously posted.

(5) In areas where 911 emergency dispatch services are available and an employer uses a communication system for contacting necessary emergency-medical service, the employer must comply with subdivisions (a) and (b) subject to subdivision (c):

(a) Ensure that the communication system is effective in contacting the emergencymedical service.

(b) When using a communication system in an area that does not automatically supply the caller’s latitude and longitude information to the 911 emergency dispatcher, the employer must post in a conspicuous location at the worksite either of the following:

(i) The latitude and longitude of the worksite.

(ii) Other location-identification information that communicates effectively to employees the location of the worksite.

(c) The requirement specified in subdivision (b) of this subrule does not apply to worksites with a readily available telephone that has 911 emergency service that automatically identifies the location of the caller.

History

• History: 2001 AACS; 2014 AACS; 2021 MR 6, Eff. Mar 31, 2021.

R 325.47401 to R 325.47425 Part 474. Sanitation

Mich. Admin. Code R 325.47403 Rescinded {#sec-r-325.47403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47403}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 474. SANITATION

R 325.47401. Scope, application, adoption, and availability of standards.

Rule 47401. (1) The rules in this part apply to permanent places of employment.

(2) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.141 “Sanitation,” as amended June 8, 2011, is adopted by reference in these rules.

(3) A reference to 29 CFR 1910.1000 means General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry.”

(4) A reference to 29 CFR 1910.1001 means Occupational Health Standard Part 305.

“Asbestos Standards for General Industry.”

(5) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(6) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(7) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(8) The standards adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(9) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51107.

(b) Occupational Health Standard Part 305. “Asbestos Standards for General Industry,” R 325.51311 to R 325.51312.

History: 2015 AACS; 2018 AACS.

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47405 Rescinded {#sec-r-325.47405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47405}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47407 Rescinded {#sec-r-325.47407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47407}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47408 Rescinded {#sec-r-325.47408 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47408}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47409 Rescinded {#sec-r-325.47409 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47409}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47410 Rescinded {#sec-r-325.47410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47410}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47411 Rescinded {#sec-r-325.47411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47411}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47414 Rescinded {#sec-r-325.47414 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47414}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47415 Rescinded {#sec-r-325.47415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47415}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47416 Rescinded {#sec-r-325.47416 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47416}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47417 Rescinded {#sec-r-325.47417 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47417}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47418 Rescinded {#sec-r-325.47418 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47418}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47419 Rescinded {#sec-r-325.47419 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47419}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47420 Rescinded {#sec-r-325.47420 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47420}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47424 Rescinded {#sec-r-325.47424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47424}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.47425 Rescinded {#sec-r-325.47425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.47425}

History

• History: 2015 AACS; 2018 AACS.

R 325.50051 to R 325.50076 Part 303. Methylenedianiline (MDA) in General Industry

Mich. Admin. Code R 325.50051 Scope, application, adoption, and availability of standards {#sec-r-325.50051 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50051}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 303. METHYLENEDIANILINE (MDA) IN GENERAL INDUSTRY

Rule 1. (1) These rules apply to all occupational exposures to methylenedianiline (MDA), Chemical Abstracts Service Registry No. 101-77-9, except as provided in subrules (2) to (7) of this rule.

(2) Except as provided in subrule (8) of this rule and 29 CFR 1910.1050(e)(5), these rules do not apply to the processing, use, and handling of products containing MDA if initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling that will cause the greatest possible release; and if no "dermal exposure to MDA" can occur.

(3) Except as provided in subrule (8) of this rule, these rules do not apply to the processing, use, and handling of products containing MDA if objective data are reasonably relied upon that demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling that will cause the greatest possible release; and if no "dermal exposure to MDA" can occur.

(4) These rules do not apply to the storage, transportation, distribution or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of 29 CFR 1910.1200 and 29 CFR 1910.1050(d).

(5) These rules do not apply to the construction industry. Exposure to MDA in the construction industry is covered by Construction Safety and Health Standard Part 605.

“Methylenedianiline (MDA) in Construction.”

(6) Except as provided in subrule (8) of this rule, these rules do not apply to materials in any form that contain less than 0.1% MDA by weight or volume.

(7) Except as provided in subrule (8) of this rule, these rules do not apply to "finished articles containing MDA."

(8) If products containing MDA are exempted under subrules (2) to (7) of this rule, the employer shall maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of 29 CFR 1910.1050(n).

(9) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1050 “Methylenedianiline,” as amended May 14, 2019.

(b) 29 CFR 1910.1050, appendix A “Substance Data Sheet, for 4,4’-Methylenedianiline,” as amended April 23, 1998.

(c) 29 CFR 1910.1050, appendix B “Substance Technical Guidelines, MDA,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1050, appendix C “Medical Surveillance Guidelines for MDA,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1050, appendix D “Sampling and Analytical Methods for MDA Monitoring and Measurement Procedures,” as in effect as of the effective date of these rules.

(10) A reference to 29 CFR 1910.38 and 1910.39 means General Industry Safety and Health Standard Part 6. “Fire Exits.”

(11) A reference to 29 CFR 1910.133 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(12) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. “Hazard Communication.”

(13) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(14) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(15) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(16) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(17) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(18) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(19) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in these rules, plus $20.00 for shipping and handling.

(20) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(c) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(g) Construction Safety and Health Standard Part 605. “Methylenedianiline (MDA) in Construction,” R 325.60501 to R 325.60501.

History

• History: 1993 AACS; 2015 AACS; 2018 AACS; 2021 AACS.

Mich. Admin. Code R 325.50051a Rescinded {#sec-r-325.50051a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50051a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50052 Rescinded {#sec-r-325.50052 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50052}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50053 Rescinded {#sec-r-325.50053 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50053}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.50053a Rescinded {#sec-r-325.50053a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50053a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50054 Rescinded {#sec-r-325.50054 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50054}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50055 Rescinded {#sec-r-325.50055 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50055}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056 Rescinded {#sec-r-325.50056 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056a Rescinded {#sec-r-325.50056a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056b Rescinded {#sec-r-325.50056b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056c Rescinded {#sec-r-325.50056c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056c}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056d Rescinded {#sec-r-325.50056d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056d}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50056e Rescinded {#sec-r-325.50056e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50056e}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50057 Rescinded {#sec-r-325.50057 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50057}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50058 Rescinded {#sec-r-325.50058 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50058}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50059 Rescinded {#sec-r-325.50059 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50059}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50059a Rescinded {#sec-r-325.50059a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50059a}

History

• History: AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50059b Rescinded {#sec-r-325.50059b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50059b}

History

• History: AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50060 Rescinded {#sec-r-325.50060 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50060}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50060a Rescinded {#sec-r-325.50060a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50060a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50060b Rescinded {#sec-r-325.50060b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50060b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50061 Rescinded {#sec-r-325.50061 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50061}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50061a Rescinded {#sec-r-325.50061a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50061a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50061b Rescinded {#sec-r-325.50061b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50061b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50061c Rescinded {#sec-r-325.50061c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50061c}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50062 Rescinded {#sec-r-325.50062 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50062}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50062a Rescinded {#sec-r-325.50062a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50062a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50062b Rescinded {#sec-r-325.50062b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50062b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50063 Rescinded {#sec-r-325.50063 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50063}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50063a Rescinded {#sec-r-325.50063a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50063a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50063b Rescinded {#sec-r-325.50063b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50063b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50064 Rescinded {#sec-r-325.50064 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50064}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50064a Rescinded {#sec-r-325.50064a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50064a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50064b Rescinded {#sec-r-325.50064b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50064b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50065 Rescinded {#sec-r-325.50065 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50065}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50066 Rescinded {#sec-r-325.50066 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50066}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50067 Rescinded {#sec-r-325.50067 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50067}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50067a Rescinded {#sec-r-325.50067a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50067a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50067b Rescinded {#sec-r-325.50067b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50067b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50067c Rescinded {#sec-r-325.50067c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50067c}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50068 Rescinded {#sec-r-325.50068 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50068}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50069 Rescinded {#sec-r-325.50069 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50069}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50069a Rescinded {#sec-r-325.50069a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50069a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50070 Rescinded {#sec-r-325.50070 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50070}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50070a Rescinded {#sec-r-325.50070a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50070a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50071 Rescinded {#sec-r-325.50071 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50071}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072 Rescinded {#sec-r-325.50072 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072}

History

• History: 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072a Rescinded {#sec-r-325.50072a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072b Rescinded {#sec-r-325.50072b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072c Rescinded {#sec-r-325.50072c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072c}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072d Rescinded {#sec-r-325.50072d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072d}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072e Rescinded {#sec-r-325.50072e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072e}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072f Rescinded {#sec-r-325.50072f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072f}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50072g Rescinded {#sec-r-325.50072g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50072g}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.50073 Rescinded {#sec-r-325.50073 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50073}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.50074 Rescinded {#sec-r-325.50074 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50074}

History

• History: 1993 AACS; 2000 AACS.

Mich. Admin. Code R 325.50075 Rescinded {#sec-r-325.50075 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50075}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS.

Mich. Admin. Code R 325.50076 Rescinded {#sec-r-325.50076 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50076}

History

• History: 1993 AACS; 1999 AACS; 2015 AACS.

R 325.50091 to R 325.50093 Part 312. 1,3 - Butadiene

Mich. Admin. Code R 325.50091 to R 325.50093 Part 312. 1,3 - Butadiene {#sec-r-325.50091-to-r-325.50093 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50091 to R 325.50093}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 pa 154, mcl 408.1014 and 408.1024, and executive reorganization order nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, mcl 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 312. 1,3-BUTADIENE

R 325.50091. Scope, applicability, adoption, and availability of standards.

Rule 1. (1) These rules apply to all occupational exposures to 1,3-Butadiene (BD), chemical abstracts service registry no. 106-99-0, in all industries subject to the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(2) These rules replace all references to 1,3-Butadiene contained in Table G-1-A in General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” as referenced in this rule.

(3) All of the following provisions apply as used in these rules:

(a) A reference to 29 CFR 1910.133, “Eye and face protection,” in 29 CFR 1910.1051(i), means General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” and Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” as referenced in this rule.

(b) A reference to 29 CFR 1910.134, “Respiratory Protection,” in 29 CFR 1910.1051(h) and (k), means General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” as referenced in this rule.

(c) A reference to 29 CFR 1910.1200 and 1926.59, “Hazard Communication,” in 29 CFR 1910.1051(l), means Construction Safety Standard Part 42. “Hazard Communication,”

General Industry Safety Standard Part 92. “Hazard Communication,” and Occupational Health Standard Part 430. “Hazard Communication,” as referenced in this rule.

(4) The federal Occupational Safety and Health Administration’s regulations on 1,3-Butadiene promulgated by the United States Department of Labor and codified at 29 CFR 1910.1051, “1,3-Butadiene,” as amended on May 14, 2019, are adopted in these rules.

(5) These federal regulations adopted in this rule have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(6) The OSHA regulations adopted in this rule are available from the United States Department of Labor, Occupational Safety and Health Administration, via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules.

(7) The standards adopted in this rule are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W.

Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(8) Copies of the standards adopted in this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(9) The following Michigan occupational safety and health standards are referenced in this rule. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(b) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(c) General Industry Safety Standard Part 92. “Hazard Communication,” R 408.19201 to R 408.19204.

(d) General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(e) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(f) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(g) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History: 1997 AACS; 2014 AACS; 2021 MR 9, Eff. May 13, 2021.

R 325.50092. Rescinded.

History: 1997 AACS; 2014 AACS; 2021 MR 9, Eff. May 13, 2021.

R 325.50093. Rescinded.

History: 2014 AACS; 2021 MR 9, Eff. May 13, 2021.

R 325.50100 to R 325.50136 Part 314. Coke Oven Emissions

Mich. Admin. Code R 325.50100 Scope, application, adoption, and availability of standards {#sec-r-325.50100 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50100}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 314. COKE OVEN EMISSIONS

Rule 100. (1) These rules apply to the control of employee exposure to coke oven emissions, except these rules do not apply to working conditions under which other federal and state agencies exercise statutory authority to prescribe or enforce standards affecting occupational safety and health.

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1029 “Coke oven emissions,” as amended May 14, 2019.

(b) 29 CFR 1910.1029, appendix A “Coke Oven Emissions Substance Information Sheet,” as amended May 14, 2019.

(c) 29 CFR 1910.1029, appendix B “Industrial Hygiene and Medical Surveillance Guidelines,” as amended May 14, 2019.

(3) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(4) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(5) A reference to 29 CFR 1910.133, 1910.135, and 1910.136 means all of the following:

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(6) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(d) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(e) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(f) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(g) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 2013 AACS; 2018 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

Mich. Admin. Code R 325.50101 Rescinded {#sec-r-325.50101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50101}

History

• History: 1979 AC; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50102 Rescinded {#sec-r-325.50102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50102}

History

• History: 1979 AC; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50102a Rescinded {#sec-r-325.50102a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50102a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50103 Rescinded {#sec-r-325.50103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50103}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50104 Rescinded {#sec-r-325.50104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50104}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50105 Rescinded {#sec-r-325.50105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50105}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50106 Rescinded {#sec-r-325.50106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50106}

History

• History: 1979 AC; 1987 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50106a Rescinded {#sec-r-325.50106a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50106a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50107 Rescinded {#sec-r-325.50107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50107}

History

• History: 1979 AC; 1987 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50108 Rescinded {#sec-r-325.50108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50108}

History

• History: 1979 AC; 1987 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50109 Rescinded {#sec-r-325.50109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50109}

History

• History: 1979 AC; 1987 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50110 Rescinded {#sec-r-325.50110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50110}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50111 Rescinded {#sec-r-325.50111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50111}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50112 Rescinded {#sec-r-325.50112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50112}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50113 Rescinded {#sec-r-325.50113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50113}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50114 Rescinded {#sec-r-325.50114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50114}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50115 Rescinded {#sec-r-325.50115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50115}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50116 Rescinded {#sec-r-325.50116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50116}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50117 Rescinded {#sec-r-325.50117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50117}

History

• History: 1979 AC; 1987 AACS; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50118 Rescinded {#sec-r-325.50118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50118}

History

• History: 1979 AC; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50119 Rescinded {#sec-r-325.50119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50119}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.501220 Rescinded {#sec-r-325.501220 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.501220}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50121 Rescinded {#sec-r-325.50121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50121}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50122 Rescinded {#sec-r-325.50122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50122}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50123 Rescinded {#sec-r-325.50123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50123}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50124 Rescinded {#sec-r-325.50124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50124}

History

• History: 1979 AC; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50125 Rescinded {#sec-r-325.50125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50125}

History

• History: 1979 AC; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50126 Rescinded {#sec-r-325.50126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50126}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50127 Rescinded {#sec-r-325.50127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50127}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 325.50128 Rescinded {#sec-r-325.50128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50128}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50129 Rescinded {#sec-r-325.50129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50129}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50129a Rescinded {#sec-r-325.50129a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50129a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50130 Rescinded {#sec-r-325.50130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50130}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50131 Rescinded {#sec-r-325.50131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50131}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50132 Rescinded {#sec-r-325.50132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50132}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50133 Rescinded {#sec-r-325.50133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50133}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50134 Rescinded {#sec-r-325.50134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50134}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50135 Rescinded {#sec-r-325.50135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50135}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.50136 Rescinded {#sec-r-325.50136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50136}

History

• History: 1979 AC; 1999 AACS; 2013 AACS.

R 325.50141 to R 325.50143 Part 315. Chromium (VI) in General Industry

Mich. Admin. Code R 325.50141 Scope, application, adoption, and availability of standards {#sec-r-325.50141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50141}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 315. CHROMIUM (VI) IN GENERAL INDUSTRY

Rule 1. (1) As used in these rules:

(a) "Assistant Secretary" means the director of the department of labor and economic opportunity or his or her designated representative.

(b) "1910.134” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(c) "1910.1200," means Occupational Health Standard Part 430. “Hazard Communication.”

(d) "1910.141,” means General Industry Safety and Health Standard Part 474.

“Sanitation.”

(2) This standard applies to all occupational exposures to chromium (VI) in all forms and compounds in general industry, except for any of the following:

(a) Exposures that occur in the application of pesticides regulated by the Environmental Protection Agency or another federal or state government agency, such as the treatment of wood with preservatives.

(b) Exposures to portland cement.

(c) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 μg/m3 as an 8hour time-weighted average (TWA) under any expected conditions of use.

(3) This standard does not apply to construction work as defined by the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094. Exposure to chromium (VI) in construction work is covered by Construction Safety and Health Standard Part 604. “Chromium (VI) in Construction.”

(4) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1026, “Chromium (VI),” amended May 14, 2019, is adopted by reference in these rules.

(5) The federal regulation adopted in this rule has the same force and effect as a rule promulgated pursuant to the provisions of the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(6) The OSHA standard 29 CFR 1910.1026, “Chromium (VI),” amended May 14, 2019, is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(7) The standard adopted in these rules is available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(8) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(9) The following Michigan occupational safety and health administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143; or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(b) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(c) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.

(d) Construction Safety and Health Standard Part 604. “Chromium (VI) in Construction,” R 325.51995 to R 325.51997.

History

• History: 2006 AACS; 2016 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

Mich. Admin. Code R 325.50142 Rescinded {#sec-r-325.50142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50142}

History

• History: 2006 AACS; 2010 AACS; 2016 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

Mich. Admin. Code R 325.50143 Rescinded {#sec-r-325.50143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50143}

History

• History: 2006 AACS; 2010 AACS; 2016 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

R 325.50171 to R 325.50171 Part 501. Agricultural Operations

Mich. Admin. Code R 325.50171 Agricultural Operations {#sec-r-325.50171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50171}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of consumer and industry services by sections 14 and 24 of 1974 PA 154 and Executive Reorganization Orders Nos. 1996-1 and 1996-2, MCL 408.1014, 408.1024, 330.3101, and 445.2001)

PART 501. AGRICULTURAL OPERATIONS

(1)(a) The standards referenced in the remaining paragraphs of this subsection apply to the indicated operations, whether or not they are agricultural operations. [1910.267(a)(1)]

(b) Sanitation in temporary labor camps--see Rule 4301. [1910.267(a)(2)]

(c) Pulpwood logging--see Rule 5006. [1910.267(a)(4)]

(2) Occupational health standards in existence on December 31, 1974 being R 325.2401 to R 325.2448 which do not cover the same subject as the standards referred to in paragraphs (b) and (c) of subsection (1) of this rule continue to apply to agricultural operations pursuant to section 24(3) of MIOSHA.

(3) Except to the extent specified in subsections (1) and (2) of this rule, the standards contained in the Occupational Health Rules for General Industry do not apply to agricultural operations. [1910.267(b)] (4) This rule replaces OH rule 5007.

History

• History: 2002 AACS.

R 325.50251 to R 325.50258 Part 523. Abrasive Blasting

Mich. Admin. Code R 325.50251 Scope {#sec-r-325.50251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50251}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025 and 445.2030.)

PART 523 ABRASIVE BLASTING

Rule 1. These rules apply to all operations where an abrasive is forcibly applied to a surface by pneumatic or hydraulic pressure, or by centrifugal force. These rules do not apply to steam blasting or steam cleaning, or hydraulic-cleaning methods where work is done without the aid of abrasives.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50252 Adoption of standards {#sec-r-325.50252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50252}

Rule 2. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) American National Standards Institute Standard ANSI Z9.3 “Spray Finishing Operations: Safety Code for Design, Construction , and Ventilation,” 1985 edition. Cost: $25.00.

(b) ANSI Z33.1 “Blower and Exhaust Systems for Dust, Stock and Vapor Removal or Conveying,” 1961 edition. Cost: $25.00.

(c) National Fire Protection Association NFPA 68 “Standard on Explosion Protection by Deflagration Venting,” 1954 edition. Cost: $38.00.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13905.

(b) Occupational Health Standard Part 301 “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(c) Occupational Health Standard Part 451 “Respiratory Protection,” R 325.60051 to R 325.60052.

(5) Appendix A is informational only and is not intended to create any additional obligations or requirements not otherwise imposed or to detract from any established obligations or requirements.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50253 Definitions {#sec-r-325.50253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50253}

Rule 3. (1) "Abrasive" means a solid substance used in an abrasive-blasting operation.

(2) "Abrasive-blasting respirator" means a respirator constructed so that it covers the wearer's head, neck, and shoulders to protect the wearer from rebounding abrasive.

(3) "Blast-cleaning barrel" means a complete enclosure that rotates on an axis, or that has an internal moving tread to tumble the parts, in order to expose various surfaces of the parts to the action of an automatic blast spray.

(4) "Blast-cleaning room" means a complete enclosure in which blasting operations are performed and where the operator works inside of the room to operate the blasting nozzle and direct the flow of the abrasive material.

(5) "Blasting cabinet" means an enclosure where the operator stands outside and operates the blasting nozzle through an opening or openings in the enclosure.

(6) "Clean air" means air that will not cause harm or discomfort to an individual if it is inhaled for extended periods of time.

(7) "Dust collectors" means a device or combination of devices for separating dust from the air handled by an exhaust ventilation system.

(8) "Exhaust ventilation system" means a system for removing contaminated air from a space that is comprised of 2 or more of the following elements:

(a) An enclosure or hood.

(b) Duct work.

(c) Dust-collecting equipment.

(d) Exhauster.

(e) Discharge stack.

(9) "Particulate-filter respirator" means an air-purifying respirator, commonly referred to as a dust or a fume respirator, that removes most of the dust or fume from the air passing through the device.

(10) "Respirable dust" means airborne dust in sizes capable of passing throughout the upper respiratory system to reach the lower lung passages.

(11) "Rotary blast-cleaning table" means an enclosure where the pieces to be cleaned are positioned on a rotating table and are passed automatically through a series of blast sprays.

(12) "Abrasive blasting" means the forcible application of an abrasive to a surface by pneumatic pressure, hydraulic pressure, or centrifugal force.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50254 Dust hazards from abrasive blasting {#sec-r-325.50254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50254}

Rule 4. (1) Abrasives and the surface coatings on the materials blasted are shattered and pulverized during blasting operations and the dust formed will contain particles of respirable size. An employer shall consider the composition and toxicity of the dust from these sources in making an evaluation of the potential health hazards.

(2) An employer shall ensure that the concentration of respirable dust or fume in the breathing zone of the abrasive-blasting operator or any other worker is kept below the exposure levels specified in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.50252.

(3) An employer shall ensure that only organic abrasives that are combustible are used in automatic systems. If flammable or explosive dust mixtures may be present, then the construction of the equipment, including the exhaust system and all electric wiring, shall conform to the requirements of ANSI Z33.1 “Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying,” 1961 edition, as adopted in R 325.50252; and General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 325.50252.

(4) An employer shall ensure that the blast nozzle is bonded and grounded to prevent the buildup of static charges. If flammable or explosive dust mixtures are present, then the abrasive blasting enclosure, the ducts, and the dust collector shall be constructed with loose panels or explosion venting areas, located on sides away from any occupied area, to provide for pressure relief in case of explosion, following the principles set forth in the NFPA 68 “Standard on Explosion Protection by Deflagration Venting,” 1954 edition, as adopted in R 325.50252.

(5) With respect to operational procedures and general safety, dust shall not be permitted to accumulate on the floor or on ledges outside of an abrasive-blasting enclosure, and dust spills shall be cleaned up promptly. Aisles and walkways shall be kept clear of steel shot or similar abrasive that may create a slipping hazard.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50255 Blast-cleaning enclosures {#sec-r-325.50255 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50255}

Rule 5. (1) An employer shall ensure that blast-cleaning enclosures are exhaust ventilated so that a continuous inward flow of air will be maintained at all openings in the enclosure during the blasting operation.

(2) An employer shall ensure that all air inlets and access openings are baffled or arranged so that, by combining inward air flow and baffling, the escape of abrasive or dust particles into an adjacent work area will be minimized and visible spurts of dust will not be observed.

(3) The rate of exhaust shall be sufficient to provide prompt clearance of dust-laden air within the enclosure after the cessation of blasting.

(4) Before the enclosure is opened, the blast shall be turned off and the system shall be run for a sufficient period of time to remove the dusty air within the enclosure.

(5) Where hard deep-cutting abrasives are used, an employer shall ensure that safety glass protected by screening is used in observation windows.

(6) Slit abrasive-resistant baffles shall be installed in multiple sets of all small access openings where dust might escape and shall be inspected regularly and replaced when needed.

(7) Doors on blast-cleaning enclosures shall be flanged and tight when closed.

(8) An employer shall ensure that doors on blast-cleaning rooms are operable from both inside and outside, except that where there is a small operator access door, the large work access door may be closed or opened from the outside only.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50256 Exhaust ventilation systems {#sec-r-325.50256 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50256}

Rule 6. (1) An employer shall ensure that the construction, installation, inspection, and maintenance of exhaust systems conform to the principles and requirements set forth in ANSI Z9.3 “Spray Finishing Operations: Safety Code for Design, Construction, and Ventilation,” 1985 edition, and ANSI Z33.1 “Blower and Exhaust Systems for Dust, Stock and Vapor Removal or Conveying,” 1961 edition, as adopted in R 325.50252.

(2) If dust leaks are noted, then repairs shall be made as soon as possible.

(3) The static pressure drop at the exhaust ducts leading from the equipment shall be checked when the installation is completed and periodically thereafter to assure continued satisfactory operation. If an appreciable change in the pressure drop indicates a partial blockage, then the system shall be cleaned and returned to normal operating condition.

(4) In installations where the abrasive is recirculated, the exhaust ventilation system for the blasting enclosure shall not be relied upon for the removal of fines from the spent abrasive instead of an abrasive separator. An abrasive separator shall be provided for this purpose.

(5) The air exhausted from blast-cleaning equipment shall be discharged through dust-collecting equipment. Dust collectors shall be set up so that the accumulated dust can be emptied and removed without contaminating other working areas.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50257 Respiratory protection {#sec-r-325.50257 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50257}

Rule 7. (1) An employer shall implement a respiratory protection program in accordance with Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 325.50252, when respirators are required by this rule.

(2) Abrasive-blasting respirators shall be worn by all abrasive-blasting operators in all of the following situations:

(a) When working inside blast-cleaning rooms.

(b) When using silica sand in manual blasting operations where the nozzle and blast are not physically separated from the operator in an exhaust-ventilated enclosure.

(c) Where concentrations of toxic dust dispersed by the abrasive blasting may exceed the exposure limits set in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.50252, and the nozzle and blast are not physically separated from the operator in an exhaust-ventilated enclosure.

(3) Employers may use properly fitted particulate-filter respirators, commonly referred to as dust-filter respirators, for short, intermittent, or occasional dust exposures such as cleanup, dumping of dust collectors, or unloading shipments of sand at a receiving point when it is not feasible to control the dust by enclosure, exhaust ventilation, or other means. The respirator used shall be for protection against the specific type of dust encountered.

(4) Dust-filter respirators may be used to protect the operator of outside abrasive blasting operations where nonsilica abrasives are used on materials that have low toxicities.

(5) Dust-filter respirators shall not be used for continuous protection if silica sand is used as the blasting abrasive or if toxic materials are blasted.

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 325.50258 Air supply and air compressors {#sec-r-325.50258 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50258}

Rule 8. An employer shall ensure that air for abrasive-blasting respirators is free of harmful quantities of dusts, mists, or noxious gases, and meets the requirements for supplied-air quality and use specified in Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 325.50252.

APPENDIX A

APPLICABLE MIOSHA STANDARDS

The following table provides links to several MIOSHA standards (not all-inclusive) that may contain requirements that apply to abrasive blasting operations. For example, the removal of lead paint by abrasive blasting will likely require employers to follow provisions of the MIOSHA lead standards. MIOSHA standards listed in this appendix provide employers and workers with information that may be useful for safely conducting abrasive blasting.

GENERAL INDUSTRY CONSTRUCTION INDUSTRY

OH Part 520 Ventilation Control for General Industry OH Part 620 Ventilation Control for Construction OH Part 301 Air Contaminants for General Industry OH Part 601 Air Contaminants for Construction OH Part 310 Lead OH Part 603 Lead Exposure in Construction GENERAL INDUSTRY CONSTRUCTION INDUSTRY OH Part 308 Inorganic Arsenic OH Part 308 Inorganic Arsenic OH Part 309 Cadmium OH Part 309 Cadmium OH Part 315 Chromium (VI) in General Industry OH Part 604 Chromium (VI) in Construction OH Part 451 Respiratory Protection OH Part 451 Respiratory Protection OH Part 308 Inorganic Arsenic OH Part 308 Inorganic Arsenic OH Part 430 Hazard Communication OH Part 430 Hazard Communication OH Part 433 Personal Protective Equipment CS Part 6 Personal Protective Equipment OH Part 474 Sanitation CS Part 1 General Rules

History

• History: 2001 AACS; 2016 AACS.

R 325.50301 to R 325.50348 Part 504. Diving Operations

Mich. Admin. Code R 325.50301 Scope {#sec-r-325.50301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50301}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025 and 445.2030)

PART 504. DIVING OPERATIONS

Rule 301. This part pertains to the safe use and maintenance of equipment and procedures of the occupation of diving and the related support operations as used in general industry and construction operations. This part does not apply to a diving operation performed solely for recreational instruction purposes using open-circuit compressed-air SCUBA and conducted within the no-decompression limits.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50302 Rescinded {#sec-r-325.50302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50302}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50303 Adoption by reference of federal standard {#sec-r-325.50303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50303}

Rule 303. (1) The provisions of federal occupational safety and health administration regulations on Commercial Diving Operations 1910 Subpart T promulgated by the United States department of labor and codified at 29 C.F.R. §1910.401 to 1910.440 including appendices A through C are adopted by reference in these rules. As used in these rules:

(a) "Area Director," as used in 29 C.F.R. §1910.401(b)(1) and (b)(2), means director of the Michigan occupational safety and health administration (MIOSHA).

(b) "Assistant Secretary," as used in 29 C.F.R. §1910.440(b)(1), means director of the department of licensing and regulatory affairs.

(c) "§1910.101," referenced in 29 C.F.R. §1910.430(e)(1), means general industry safety standard Part 69 Compressed Gases: Acetylene, Hydrogen, Oxygen, and Nitrous Oxide, R 408.16902, which adopts the provisions of 29 C.F.R. §1910.101.

(d) "§1910.109," referenced in 29 C.F.R. §1910.422(h)(1), means general industry safety standard Part 55 Explosives and Blasting Agents, R 408.15501, which adopts the provisions of 29 CFR §1910.109.

(e) "§1910.169," referenced in 29 C.F.R. §1910.430(e)(1), means general industry safety standard Part 93 Air Receivers, R 408.19301, which adopts the provisions of 29 CFR §1910.169.

(f) "§1910.1020," referenced in 29 C.F.R. §1910.440(b)(4), means occupational health standard Part 470 Employee Medical Records and Trade Secrets, R 325.3451 to R 325.3476.

(g) "§1926.912," referenced in 29 C.F.R. §1910.422(h)(1), means construction safety standard Part 27 Blasting and Use of Explosives, R 408.42701 to R 408.42799.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50304 Availability of documents {#sec-r-325.50304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50304}

Rule 304. (1) The federal regulation adopted by reference in these rules is available without cost as of the time of adoption of these rules from the United States Department of Labor, OSHA, 315 West Allegan, Room 315, Lansing, Michigan 48933, or via the internet at website: www.osha.gov, or from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, P.O. Box 30643, Lansing, Michigan 48909-8143.

(2) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction safety standard part 27 “Blasting and Use of Explosives,” R 408.42701 to R 408.42799.

(b) General industry safety standard part 55 “Explosives and Blasting Agents,”

R 408.15501.

(c) General industry safety standard part 69 “Compressed Gases: Acetylene, Hydrogen, Oxygen, and Nitrous Oxide,” R 408.16902.

(d) General industry safety standard part 93 “Air Receivers,” R 408.19301.

(e) Occupational health standard part 470 “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50305 Rescinded {#sec-r-325.50305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50305}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50306 Rescinded {#sec-r-325.50306 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50306}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50307 Rescinded {#sec-r-325.50307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50307}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50308 Rescinded {#sec-r-325.50308 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50308}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50309 Rescinded {#sec-r-325.50309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50309}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50310 Rescinded {#sec-r-325.50310 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50310}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50311 Rescinded {#sec-r-325.50311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50311}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50312 Rescinded {#sec-r-325.50312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50312}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50313 Rescinded {#sec-r-325.50313 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50313}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50314 Rescinded {#sec-r-325.50314 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50314}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50315 Rescinded {#sec-r-325.50315 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50315}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50316 Rescinded {#sec-r-325.50316 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50316}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50317 Rescinded {#sec-r-325.50317 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50317}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50318 Rescinded {#sec-r-325.50318 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50318}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50319 Rescinded {#sec-r-325.50319 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50319}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50320 Rescinded {#sec-r-325.50320 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50320}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50321 Rescinded {#sec-r-325.50321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50321}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50322 Rescinded {#sec-r-325.50322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50322}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50323 Rescinded {#sec-r-325.50323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50323}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50324 Rescinded {#sec-r-325.50324 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50324}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50325 Rescinded {#sec-r-325.50325 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50325}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50326 Rescinded {#sec-r-325.50326 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50326}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50327 Rescinded {#sec-r-325.50327 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50327}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50328 Rescinded {#sec-r-325.50328 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50328}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50329 Rescinded {#sec-r-325.50329 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50329}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50330 Rescinded {#sec-r-325.50330 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50330}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50331 Rescinded {#sec-r-325.50331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50331}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50332 Rescinded {#sec-r-325.50332 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50332}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50333 Rescinded {#sec-r-325.50333 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50333}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50334 Rescinded {#sec-r-325.50334 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50334}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50335 Rescinded {#sec-r-325.50335 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50335}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50336 Rescinded {#sec-r-325.50336 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50336}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50337 Rescinded {#sec-r-325.50337 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50337}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50338 Rescinded {#sec-r-325.50338 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50338}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50339 Rescinded {#sec-r-325.50339 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50339}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50340 Rescinded {#sec-r-325.50340 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50340}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50341 Rescinded {#sec-r-325.50341 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50341}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50342 Rescinded {#sec-r-325.50342 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50342}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50343 Rescinded {#sec-r-325.50343 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50343}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50344 Rescinded {#sec-r-325.50344 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50344}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50345 Rescinded {#sec-r-325.50345 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50345}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50346 Rescinded {#sec-r-325.50346 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50346}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50347 Rescinded {#sec-r-325.50347 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50347}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 325.50348 Rescinded {#sec-r-325.50348 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.50348}

History

• History: 1979 AC; 2013 AACS.

R 325.51101 to R 325.51108 Part 301. Air Contaminants for General Industry

Mich. Admin. Code R 325.51101 Scope, application, and availability of standards {#sec-r-325.51101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 301. AIR CONTAMINANTS FOR GENERAL INDUSTRY

Rule 1. (1) These rules do not apply to the following types of employment:

(a) Agriculture.

(b) Domestic.

(c) Mining.

(d) Construction.

(2) Exposure to air contaminants in construction work is covered by Construction Safety and Health Standard Part 601. “Air Contaminants for Construction.”

(3) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 302. “Vinyl Chloride,”

R 325.51401 to R 325.51414.

(b) General Industry Safety and Health Standard Part 303. “Methylenedianiline (MDA) in General Industry,” R 325.50051 to R 325.50076.

(c) General Industry and Construction Safety and Health Standard Part 304. “Ethylene Oxide,” R 325.51151 to R 325.51177.

(d) Occupational Health Standard Part 305. “Asbestos for General Industry,”

R 325.51311 to R 325.51312.

(e) General Industry and Construction Safety and Health Standard Part 306.

“Formaldehyde,” R 325.51451 to R 325.51477.

(f) General Industry and Construction Safety and Health Standard Part 307.

“Acrylonitrile,” R 325.51501 to R 325.51527.

(g) General Industry and Construction Safety and Health Standard Part 308. “Inorganic Arsenic,” R 325.51601 to R 325.51628.

(h) General Industry Safety and Health Standard Part 309. “Cadmium in General Industry,” R 325.51851 to R 325.51886.

(i) General Industry Safety and Health Standard Part 310. “Lead in General Industry,”

R 325.51901 to R 325.51958.

(j) General Industry and Construction Safety and Health Standard Part 311. “Benzene,”

R 325.77101 to R 325.77115.

(k) Occupational Health Standard Part 312. “1,3-Butadiene,” R 325.50091 to R 325.50093.

(l) Occupational Health Standard Part 313. “Methylene Chloride,” R 325.51651 to R 325.51653.

(m) General Industry and Construction Safety and Health Standard Part 314. “Coke Oven Emissions,” R 325.50100 to R 325.50136.

(n) Occupational Health Standard Part 315. “Chromium (VI) in General Industry,”

R 325.50141 to R 325.50143.

(o) General Industry Safety and Health Standard Part 340. “Beryllium,” R 325.34001 to R 325.34010.

(p) General Industry Safety and Health Standard Part 350. “Carcinogens,”

R 325.35001 to R 325.35011.

(q) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(r) General Industry Safety and Health Standard Part 590. “Silica in General Industry,”

R 325.59001 to R 325.59015.

(s) Construction Safety and Health Standard Part 601. “Air Contaminants for Construction,” R 325.60151 to R 325.60161.

History

• History: 1990 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.51101a Rescinded {#sec-r-325.51101a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51101a}

History

• History: 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.51102 Definitions {#sec-r-325.51102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51102}

Rule 2. (1) "Ceiling" means the employee's exposure that shall not be exceeded during any part of the workday. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute, time-weighted average exposure that shall not be exceeded during any part of the working day.

(2) "Skin designation" means those substances so indicated that have toxic effects due to absorption through an employee's skin.

(3) "Short-term exposure limit (STEL)" means the employee's 15-minute, timeweighted average exposure that shall not be exceeded at any time during a workday, unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, then the time-weighted average exposure over that time limit shall not be exceeded at any time during the workday.

(4) "Time-weighted average (TWA)" means the employee's average airborne exposure in any 8-hour workshift of a 40-hour workweek that shall not be exceeded.

(5) The terms "substance" and "air contaminant" are equivalent in meaning for purposes of these rules.

History

• History: 1990 AACS; 2001 AACS; 2017 AACS.

Mich. Admin. Code R 325.51103 Exposure limits {#sec-r-325.51103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51103}

Rule 3. An employer shall ensure that an employee exposure to any substance listed in tables G-1-A or G-2 in R 325.51108 is limited in accordance with the requirements of all of the following provisions:

(a) With respect to table G-1-A, all of the following provisions apply:

(i) Removed (May 9, 2001).

(ii) Removed (May 20, 2001).

(iii) An employee's exposure to any substance listed in table G-1-A shall not exceed the time-weighted average (TWA) limit, short-term exposure limit (STEL) and ceiling limit specified for that substance in table G-1-A.

(iv) To prevent or reduce skin absorption, an employee's skin exposure to substances listed in table G-1-A with an "X" in the skin designation column following the substance name shall be prevented or reduced to the extent necessary through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls, or work practices.

(v) An employee shall not be exposed to air concentrations between the TWA and STEL limits more than 4 times in a workshift and such exposures shall be no less than 60 minutes apart.

(b) With respect to table G-2, all of the following provisions apply:

(i) An employee's exposure to any substance listed in table G-2 in any 8-hour workshift of a 40-hour workweek shall not exceed the 8-hour, time-weighted average limit given for that substance in table G-2.

(ii) An employee's exposure to a substance listed in table G-2 shall not exceed, at any time during an 8-hour workshift, the acceptable ceiling concentration limit given for the substance in the table, except for a period of time and up to a concentration that does not exceed the maximum duration and concentration allowed in the column under "Acceptable maximum peak above the ceiling concentration for an 8-hour workshift."

For example, during an 8-hour workshift, an employee may be exposed to a concentration of Substance A (with a 10 parts of the substance per million parts of air (ppm) TWA, 25 ppm ceiling and 50 ppm peak) above 25 ppm (but not above 50 ppm) only for a maximum period of 10 minutes. Such an exposure shall be compensated for by exposures to concentrations less than 10 ppm so the cumulative exposure for the entire 8hour workshift does not exceed a time-weighted average of 10 ppm.

(iii) If a substance is preceded by an "S", then an employer shall take the necessary precautions to prevent an employee from absorbing the substance through his or her skin.

History

• History: 1990 AACS; 2001 AACS; 2017 AACS.

Mich. Admin. Code R 325.51104 Computation formulae {#sec-r-325.51104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51104}

Rule 4. The computation formulas that apply to employee exposure to 1 or more substances that have an 8-hour, time-weighted average listed in table G-1-A or G-2 to determine whether an employee is exposed in excess of the exposure limit are as follows:

(a) An employer shall compute the cumulative exposure for multiple exposures to a single substance for an 8-hour workshift as follows:

E = (C

T + C

T + ... C n T n ) ÷ 8 hours Where:

E is the cumulative exposure for an 8-hour workshift.

C is the substance concentration during the first period of time "T" where the concentration remains constant.

C is the substance concentration during the second period of time "T" where the concentration remains constant.

T is the period of time in hours for which the substance concentration C remains constant.

The value of E shall not exceed the 8-hour, time-weighted average limit for the substance as specified in table G-1-A or G-2.

To illustrate the formula for a cumulative exposure to a single substance, assume that Substance A has an 8-hour, time-weighted average exposure limit of 100 ppm noted in table G-1-A. Assume that an employee is subject to the following exposures over an 8hour workshift:

Two hours' exposure at 150 ppm Two hours' exposure at 75 ppm Four hours' exposure at 50 ppm Substituting this information into the formula:

E = [(150 ppm X 2 hrs) + (75 ppm X 2 hrs) + (50 ppm X 4 hrs)] ÷ 8 hrs E = [300 ppm·hrs + 150 ppm·hrs + 200 ppm·hrs] ÷ 8 hrs E = 650 ppm·hrs ÷ 8 hrs = 81.25 ppm Since the cumulative exposure of 81.25 ppm is less than the exposure limit of 100 ppm, then the employee's 8-hour workshift exposure is acceptable.

(b) An employer shall compute the equivalent exposure for a mixture of air contaminants for an 8-hour workshift as follows:

Em = (C ÷ L1 + C ÷ L2) + ... (C n ÷ Ln)

Where:

Em is the equivalent exposure to the mixture of air contaminants during an 8-hour workshift.

C is the average 8-hour concentration of the first substance.

C is the average 8-hour concentration of the second substance.

L is the 8-hour, TWA exposure limit for that particular substance. The value of Em shall not exceed a value of one (1.0).

To illustrate the formula for a mixture of air contaminants, assume the following exposures:

Substances in mixture Average concentration of 8-hour exposure (C) 8-hour TWA exposure limit (L)

Substance A 500 ppm 1,000 ppm Substance B 45 ppm 200 ppm Substance D 40 ppm 200 ppm Substituting this information into the formula:

EM = (500 ppm ÷ 1,000 ppm) + (45 ppm ÷ 200 ppm) + (40 ppm ÷ 200 ppm)

Em = 0.500 + 0.225 + 0.200 Em = 0.925 Since the value of Em did not exceed one (1.0), the employee's 8-hour workshift exposure to the mixture of air contaminants is acceptable.

History

• History: 1990 AACS; 2001 AACS; 2017 AACS.

Mich. Admin. Code R 325.51105 Methods of compliance {#sec-r-325.51105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51105}

Rule 5. To achieve compliance with the provisions of R 325.51103 and R 325.51104, administrative or engineering controls must first be determined and implemented if feasible. If such controls are not feasible to achieve full compliance, then personal protective equipment or any other protective measures must be used to keep the employee’s exposure to air contaminants within the exposure limits prescribed in these rules. Any equipment and technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. If a respirator is used, its use must comply with the provisions of Occupational Health Standard Part 451. “Respiratory Protection.”

History

• History: 1990 AACS; 2001 AACS; 2013 AACS; 2019 AACS.

Mich. Admin. Code R 325.51106 Rescinded {#sec-r-325.51106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51106}

History

• History: 1990 AACS; 2001 AACS.

Mich. Admin. Code R 325.51107 Stay of enforcement {#sec-r-325.51107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51107}

Rule 7. Enforcement of the limits are indefinitely stayed for the following substances until the United States department of labor, occupational safety and health administration (OSHA) publishes in the Federal Register a notice that a sampling and analytical technique is available:

(a) Aluminum alkyls.

(b) Ethylidine norbornene.

(c) Hexafluoroacetone.

(d) Mercury (alkyl compounds).

(e) Oxygen difluoride.

(f) Phenylphosphine.

(g) Sulfur pentafluoride.

History

• History: 1990 AACS.

Mich. Admin. Code R 325.51108 Tables {#sec-r-325.51108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51108}

Rule 8. Tables G-1-A and G-2 read as follows:

TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS

TWA STEL

D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Abate – 15 – – – – – Acetaldehyde 75-07-0 100 180 150 270 – – – Acetic acid 64-19-7 10 25 – – – – – Acetic anhydride 108-24-7 – – – – 5 20 – Acetone 67-64-1 750 1800 1000 2400 – – – Acetonitrile 75-05-8 40 70 60 105 – – – 2-Acetylaminofluorine; see GI Part 350.

Carcinogens F 53-96-3 Acetylene dichloride; see 1,2-Dichloroethylene Acetylene tetrabromide 79-27-6 1 14 – – – – – Acetylsalicylic acid (Aspirin) 50-78-2 – 5 – – – – – Acrolein 107-02-8 0.1 0.25 0.3 0.8 – – – Acrylamide 79-06-1 – 0.03 – – – – x Acrylic acid 79-10-7 10 30 – – – – x Acrylonitrile; see GI & CS Part 307. Acrylonitrile F 107-13-1 2 4.34 10 21.7 TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Aldrin 309-00-2 – 0.25 – – – – x Allyl alcohol 107-18-6 2 5 4 10 – – x Allyl chloride 107-05-1 1 3 2 6 – – – Allyl glycidyl ether (AGE) 106-92-3 5 22 10 44 – – – Allyl propyl disulfide 2179-59-1 2 12 3 18 – – – α Alumina (aluminum oxide)

Respirable fraction Total dust 1344-28-1 – – – – – – – – – – – – Aluminum (as Al)

Alkyls Metal Respirable dust Total dust Pyro powders Soluble salts Welding fumes* 7429-90-5 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 4-Aminodiphenyl; see GI Part 350. Carcinogens F 92-67-1 2-Aminoethanol; see Ethanolamine 2-Aminopyridine 504-29-0 0.5 2 – – – – – Amitrole 61-82-5 – 0.2 – – – – – Ammonia 7664-41-7 – – 35 24 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Ammonium chloride fume 12125-02-9 – 10 – 20 – – – Ammonium sulfamate Respirable dust Total dust 7773-06-0 – – – – – – – – – – – – n-Amyl acetate 628-63-7 100 525 – – – – – sec-Amyl acetate 626-38-0 125 650 – – – – – Aniline and homologues 62-53-3 2 8 – – – – x Anisidine (o- and p-isomers) 29191-52-4 – 0.5 – – – – x Antimony and compounds (as Sb) 7440-36-0 – 0.5 – – – – – ANTU (alpha-naphthylthiourea) 86-88-4 – 0.3 – – – – – Arsenic, organic compounds (as As) 7440-38-2 – 0.5 – – – – – Arsenic, inorganic compounds (as As); see GI & CS Part 308. Inorganic Arsenic F 7440-38-2 0.01 Arsine 7784-42-1 0.05 0.2 – – – – – TWA STEL D Asbestos; see OH Part 305. Asbestos for General Industry F Varies 0.1f/cc – ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Atrazine 1912-24-9 – 5 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Azinphos-methyl 86-50-0 – 0.2 – – – – x Barium, soluble compounds (as Ba) 7440-39-3 – 0.5 – – – – – Barium sulfate Respirable dust Total dust 7727-43-7 – – – – – – – – – – – – Benomyl Respirable dust Total dust 17804-35-2 – – – – – – – – – – – – Benzene E ; see GI & CS Part 311. Benzene F and table G-2 for limits applicable in the operations or sectors excluded in R 325.77101 E 71-43-2 1 3.19 5 15.97 Benzidine; see GI Part 350. Carcinogens F 92-87-5 p-Benzoquinone; see Quinone Benzo(a)pyrene; see Coal tar pitch volatiles Benzoyl peroxide 94-36-0 – 5 – – – – – Benzyl chloride 100-44-7 1 5 – – – – – Beryllium and beryllium compounds (as Be) see GI Part 340. Beryllium 7440-41-7 – 0.0002 (0.2 μg/m ) – 0.002 (2.0 μg/m )

– – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS

TWA STEL

D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Biphenyl; see Diphenyl Bismuth telluride, Undoped Respirable dust Total dust 1304-82-1 – – – – – – – – – – – – Bismuth telluride, Se-doped – 5 – – – – – Borates, Tetra, Sodium Salts Anhydrous Decahydrate Pentahydrate 1330-43-4 1303-96-4 12179-04-3 – – – – – – – – – – – – – – – – – – Boron oxide, Total dust 1303-86-2 – 10 – – – – – Boron tribromide 10294-33-4 – – – – 1 10 – Boron trifluoride 7637-07-2 – – – – 1 3 – Bromacil 314-40-9 1 10 – – – – – Bromine 7726-95-6 0.1 0.7 0.3 2 – – – Bromine pentafluoride 7789-30-2 0.1 0.7 – – – – – Bromoform 75-25-2 0.5 5 – – – – – 1,3-Butadiene; see OH Part 312. 1,3-Butadiene F 106-99-0 1 2.2 5 11.1 – – – Butane 106-97-8 800 1900 – – – – – Butanethiol; see Butyl mercaptan TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation 2-Butanone (Methyl ethyl ketone) 78-93-3 200 590 300 885 – – – 2-Butoxyethanol 111-76-2 25 120 – – – – x n-Butyl acetate 123-86-4 150 710 200 950 – – – sec-Butyl acetate 105-46-4 200 950 – – – – – tert-Butyl acetate 540-88-5 200 950 – – – – – Butyl acrylate 141-32-2 10 55 – – – – – n–Butyl alcohol (n-butanol) 71-36-3 – – – – 50 150 x sec-Butyl alcohol (sec-butanol) 78-92-2 100 305 – – – – – tert-Butyl alcohol (tert-butanol) 75-65-0 100 300 150 450 – – – Butylamine 109-73-9 – – – – 5 15 x tert-Butyl chromate (as Cr+6); see OH Part 315.

Chromium (VI) in General Industry F,G 1189-85-1 – 0.005 (5 μg/m )

– – – – x n-Butyl glycidyl ether (BGE) 2426-08-6 25 135 – – – – – n-Butyl lactate 138-22-7 5 25 – – – – – Butyl mercaptan 109-79-5 0.5 1.5 – – – – – o-sec-Butylphenol 89-72-5 5 30 – – – – x p-tert-Butyltoluene 98-51-1 10 60 20 120 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Cadmium; see GI Part 309. Cadmium in General Industry F 7440-43-9 – 0.005 – – – – – Calcium carbonate, Respirable dust Total dust 1317-65-3 – – – – – – – – – – – – Calcium cyanamide 156-62-7 – 0.5 – – – – – Calcium hydroxide 1305-62-0 – 5 – – – – – Calcium oxide 1305-78-8 – 5 – – – – – Calcium silicate, Respirable dust Total dust 1344-95-2 – – – – – – – – – – – – Calcium sulfate, Respirable dust Total dust 7778-18-9 – – – – – – – – – – – – Camphor, synthetic 76-22-2 – 2 – – – – – Caprolactam, Dust Vapor 105-60-2 – – – – – – – – Captafol (Difolatan R ) 2425-06-1 – 0.1 – – – – – Captan 133-06-2 – 5 – – – – – Carbaryl (Sevin R ) 63-25-2 – 5 – – – – – Carbofuran (Furadan R ) 1563-66-2 – 0.1 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Carbon black 1333-86-4 – 3.5 – – – – – Carbon dioxide 124-38-9 5,000 9,000 30,00 54,000 – – – Carbon disulfide 75-15-0 4 12 12 36 – – x Carbon monoxide 630-08-0 35 40 – – 200 229 – Carbon tetrabromide 558-13-4 0.1 1.4 0.3 4 – – – Carbon tetrachloride (Tetrachloromethane) 56-23-5 2 12.6 – – – – x Carbonyl fluoride 353-50-4 2 5 5 15 – – – Catechol (Pyrocatechol) 120-80-9 5 20 – – – – x Cellulose, Respirable dust Total dust 9004-34-6 – – – – – – – – – – – – Cesium hydroxide 21351-79-1 – 2 – – – – – Chlordane 57-74-9 – 0.5 – – – – x Chlorinated camphene (Toxaphone) 8001-35-2 – 0.5 – 1 – – x Chlorinated diphenyl oxide 55720-99-5 or 31242-93-0 – 0.5 – – – – – Chlorine 7782-50-5 0.5 1.5 1 3 – – – Chlorine dioxide 10049-04-4 0.1 0.3 0.3 0.9 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Chlorine trifluoride 7790-91-2 – – – – 0.1 0.4 – Chloroacetaldehyde 107-20-0 – – – – 1 3 – 2-Chloroacetophenone (Phenacyl chloride) 532-27-4 0.5 0.3 – – – – – Chloroacetyl chloride 79-04-9 0.5 0.2 – – – – – Chlorobenzene 108-90-7 75 350 – – – – – o-Chlorobenzylidene malononitrile 2698-41-1 – – – – 0.05 0.4 x Chlorobromomethane 74-97-5 200 1050 – – – – – 2-Chloro-1,3-butadiene; see β-Chloroprene Chlorodifluoromethane 75-45-6 1000 3500 – – – – – Chlorodiphenyl (42% Chlorine) (PCB) 53469-21-9 – 1 – – – – x Chlorodiphenyl (54% Chlorine) (PCB) 11097-69-1 – 0.5 – – – – x 1-Chloro-2,3-epoxy propane; see Epichlorohydrin 2-Chloroethanol; see Ethylene chlorohydrin Chloroethylene; see Vinyl chloride Chloroform (Trichloromethane) 67-66-3 2 9.78 – – – – – bis (Chloromethyl) ether; GI Part 350.

Carcinogens F 542-88-1 TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Chloromethyl methyl ether; see GI Part 350.

Carcinogens F 107-30-2 1-Chloro-1-nitropropane 600-25-9 4 10 – – – – – Chloropentafluoroethane 76-15-3 1000 6320 – – – – – Chloropicrin 76-06-2 0.1 0.7 – – – – – beta-Chloroprene 126-99-8 10 35 – – – – x o-Chlorostyrene 2039-87-4 50 285 75 428 – – – o-Chlorotoluene 95-49-8 50 250 – – – – – 2-Chloro-6-(trichloromethyl) pyridine, Respirable dust Total dust 1929-82-4 – – – – – – – – – – – – Chlorpyrifos 2921-88-2 – 0.2 – – – – x Chromic acid and chromates (as Cr+6); see OH Part 315. Chromium (VI) in General Industry F,G Varies with compound – 0.005 (5 μg/m )

– – – – – Chromium (II) compounds (as Cr) 7440-47-3 – 0.5 – – – – – Chromium (III) compounds (as Cr) 7440-47-3 – 0.5 – – – – – Chromium (VI) compounds; see OH Part 315.

Chromium (VI) in General Industry F,G Varies with compound (5 μg/m )

Chromium metal (as Cr) 7440-47-3 – 1 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Chrysene; see Coal tar pitch volatile Clopidol Respirable dust Total dust 2971-90-6 – – – – – – – – – – – – Coal dust (less than 5% SiO ) Respirable dust – – 2 – – – – – Coal dust (greater than or equal to 5% SiO ), Respirable dust – – 0.1 – – – – – Coal tar pitch volatile (as benzene solubles) anthracene, BaP, phenanthrene, acridine, crysene, pyrene 65996-93-2 – 0.2 – – – – – Cobalt metal, dust, and fume (as Co) 7440-48-4 – 0.05 – – – – – Cobalt carbonyl (as Co) 10210-68-1 – 0.1 – – – – – Cobalt hydrocarbonyl (as Co) 16842-03-8 – 0.1 – – – – – Coke oven emissions; see GI & CS Part 314. Coke Oven Emissions F – – 0.15 (150 μg/m )

– – – – – Copper, Dusts and mists (as Cu)

Fume (as Cu) 7440-50-8 – – 0.1 – – – – – – – – – – Cotton dust (raw) – – 1 – – – – – Crag herbicide (Sesone)

Total dust Respirable fraction 136-78-7 – – – – – – – – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Cresol, all isomers 1319-77-3 5 22 – – – – x Crotonaldehyde 123-73-9 4170-30-3 2 6 – – – – – Crufomate 299-86-5 – 5 – – – – – Cumene 98-82-8 50 245 – – – – x Cyanamide 420-04-2 – 2 – – – – – Cyanides (as CN)

Varies with compound – 5 – – – – x Cyanogen 460-19-5 10 20 – – – – – Cyanogen chloride 506-77-4 – – – – 0.3 0.6 – Cyclohexane 110-82-7 300 1050 – – – – – Cyclohexanol 108-93-0 50 200 – – – – x Cyclohexanone 108-94-1 25 100 – – – – x Cyclohexene 110-83-8 300 1015 – – – – – Cyclohexylamine 108-91-8 10 40 – – – – – Cyclonite 121-82-4 – 1.5 – – – – x Cyclopentadiene 542-92-7 75 200 – – – – – Cyclopentane 287-92-3 600 1720 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Cyhexatin 13121-70-5 – 5 – – – – – 2,4-D (Dichlorophenoxyacetic acid) 94-75-7 – 10 – – – – – Decaborane 17702-41-9 0.05 0.3 0.15 0.9 – – x Demeton (Systox R ) 8065-48-3 – 0.1 – – – – x Diacetone alcohol (4-Hydroxy-4-methyl-2-pentanone) 123-42-2 50 240 – – – – – 1,2-Diaminoethane; see Ethylenediamine Diazinon 333-41-5 – 0.1 – – – – x Diazomethane 334-88-3 0.2 0.4 – – – – – Diborane 19287-45-7 0.1 0.1 – – – – – 2-N-Dibutylaminoethanol 102-81-8 2 14 – – – – – Dibutyl phosphate 107-66-4 1 5 2 10 – – – Dibutyl phthalate 84-74-2 – 5 – – – – – Dichloroacetylene 7572-29-4 – – – – 0.1 0.4 – o-Dichlorobenzene 95-50-1 – – – – 50 300 – p-Dichlorobenzene 106-46-7 75 450 110 675 – – – 3,3'-Dichlorobenzidine; see GI Part 350.

Carcinogens F 91-94-1 TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Dichlorodifluoromethane 75-71-8 1000 4950 – – – – – 1,3-Dichloro-5,5-dimethyl hydantoin 118-52-5 – 0.2 – 0.4 – – – Dichlorodiphenyltri-chloroethane (DDT) 50-29-3 – 1 – – – – x 1,1-Dichloroethane 75-34-3 100 400 – – – – – 1,2-Dichloroethylene 540-59-0 200 790 – – – – – Dichloroethyl ether 111-44-4 5 30 10 60 – – x Dichlorofluoromethane 75-43-4 10 40 – – – – – Dichloromethane; see Methylene chloride 1,1-Dichloro-1-nitroethane 594-72-9 2 10 – – – – – 1,2-Dichloropropane; see Propylene dichloride 1,3-Dichloropropene 542-75-6 1 5 – – – – x 2,2-Dichloropropionic acid 75-99-0 1 6 – – – – – Dichlorotetrafluoroethane 76-14-2 1000 7000 – – – – – Dichlorvos (DDVP) 62-73-7 – 1 – – – – x Dicrotophos 141-66-2 – 0.25 – – – – x Dicyclopentadiene 77-73-6 5 30 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Dicyclopentadienyl iron, Respirable dust Total dust 102-54-5 – – – – – – – – – – – – Dieldrin 60-57-1 – 0.25 – – – – x Diethanolamine 111-42-2 3 15 – – – – – Diethylamine 109-89-7 10 30 25 75 – – – 2-Diethylaminoethanol 100-37-8 10 50 – – – – x Diethylene triamine 111-40-0 1 4 – – – – x Diethyl ether; see Ethyl ether Diethyl ketone 96-22-0 200 705 – – – – – Diethyl phthalate 84-66-2 – 5 – – – – – Difluorodibromomethane 75-61-6 100 860 – – – – – Diglycidyl ether (DGE) 2238-07-5 0.1 0.5 – – – – – Dihydroxybenzene; see Hydroquinone Diisobutyl ketone 108-83-8 25 150 – – – – – Diisopropylamine 108-18-9 5 20 – – – – x 4-Dimethylaminoazobenzene; see GI Part 350.

Carcinogens F 60-11-7 Dimethoxymethane; see Methylal TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Dimethyl acetamide 127-19-5 10 35 – – – – x Dimethylamine 124-40-3 10 18 – – – – – Dimethylaminobenzene; see Xylidine Dimethylaniline (N,N-Dimethylaniline) 121-69-7 5 25 10 50 – – x Dimethylbenzene; see Xylene Dimethyl-1,2-dibromo-2,2-dichloroethyl phosphate 300-76-5 – 3 – – – – x Dimethylformamide 68-12-2 10 30 – – – – x 2,6-Dimethyl-4-heptanone; see Diisobutyl ketone 1,1-Dimethylhydrazine 57-14-7 0.5 1 – – – – x Dimethylphthalate 131-11-3 – 5 – – – – – Dimethyl sulfate 77-78-1 0.1 0.5 – – – – x Dinitolmide (3,5-Dinitro-o-toluamide) 148-01-6 – 5 – – – – – Dinitrobenzene (all isomers)

(meta-)

(ortho)

(para-) 99-65-0 528-29-0 100-25-4 – – – – – x Dinitro-o-cresol 534-52-1 – 0.2 – – – – x Dinitrotoluene 25321-14-6 – 1.5 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Dioxane (Diethylene dioxide) 123-91-1 25 90 – – – – x Dioxathion (Delnav) 78-34-2 – 0.2 – – – – x Diphenyl (Biphenyl) 92-52-4 0.2 1 – – – – – Diphenylamine 122-39-4 – 10 – – – – – Diphenylmethane diisocyanate; see Methylene bisphenyl isocyanate Dipropylene glycol methyl ether 34590-94-8 100 600 150 900 – – x Dipropyl ketone 123-19-3 50 235 – – – – – Diquat 2768-72-9 – 0.5 – – – – – Di-sec-octyl phthalate [Di(2-ethylhexyl) phthalate] 117-81-7 – 5 – 10 – – – Disulfiram 97-77-8 – 2 – – – – – Disulfoton 298-04-4 – 0.1 – – – – x 2,6-Di-tert-butyl-p-cresol (Butylated hydroxytoluene) 128-37-0 – 10 – – – – – Diuron 330-54-1 – 10 – – – – – Divinyl benzene 1321-74-0 10 50 – – – – – Emery, Respirable dust Total dust 1302-74-5 – – – – – – – – – – – – Endosulfan 115-29-7 – 0.1 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Endrin 72-20-8 – 0.1 – – – – x Epichlorohydrin 106-89-8 2 8 – – – – x EPN 2104-64-5 – 0.5 – – – – x 1,2-Epoxypropane; see Propylene oxide 2,3-Epoxy-1-propanol; see Glycidol Ethanethiol; see Ethyl mercaptan Ethanolamine 141-43-5 3 8 6 15 – – – Ethion 563-12-2 – 0.4 – – – – x 2-Ethoxyethanol (EGEE) 110-80-5 200 740 – – – – x 2-Ethoxyethyl acetate (Cellosolve acetate) 111-15-9 100 540 – – – – x Ethyl acetate 141-78-6 400 1400 – – – – – Ethyl acrylate 140-88-5 5 20 25 100 – – x Ethyl alcohol (Ethanol) 64-17-5 1000 1900 – – – – – Ethylamine 75-04-7 10 18 – – – – – Ethyl amyl ketone (5-Methyl-3-heptanone) 541-85-5 25 130 – – – – – Ethyl benzene 100-41-4 100 435 125 545 – – – Ethyl bromide 74-96-4 200 890 250 1100 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Ethyl butyl ketone (3-Heptanone) 106-35-4 50 230 – – – – – Ethyl chloride 75-00-3 1000 2600 – – – – – Ethyl ether 60-29-7 400 1200 500 1500 – – – Ethyl formate 109-94-4 100 300 – – – – – Ethyl mercaptan 75-08-1 0.5 1 – – – – – Ethyl silicate 78-10-4 10 85 – – – – – Ethylene chlorohydrin 107-07-3 – – – – 1 3 x Ethylenediamine 107-15-3 10 25 – – – – – Ethylene dibromide 106-93-4 See table G-2 Ethylene dichloride 107-06-2 1 4 2 8 – – – Ethylene glycol 107-21-1 – – – – 50 125 – Ethylene glycol dinitrate (EGDN) 628-96-6 – – – 0.1 – – x Ethylene glycol methyl acetate (EGME); see Methyl cellosolve acetate Ethyleneimine; see GI Part 350. Carcinogens F 151-56-4 Ethylene oxide; see GI & CS Part 304. Ethylene Oxide F 75-21-8 1 1.8 5 9.0 - - - Ethylidene chloride; see 1,1-Dichloroethane TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Ethylidene norbornene 16219-75-3 – – – – 5 25 – N-Ethylmorpholine 100-74-3 5 23 – – – – x Fenamiphos 22224-92-6 – 0.1 – – – – x Fensulfothion (Dasanit) 115-90-2 – 0.1 – – – – – Fenthion 55-38-9 – 0.2 – – – – x Ferbam, Dust 14484-64-1 – 10 – – – – – Ferrovanadium dust 12604-58-9 – 1 – 3 – – – Fluorides (as F)

Varies with compound – 2.5 – – – – – Fluorine 7782-41-4 0.1 0.2 – – – – – Fluorotrichloromethane (Trichlorofluoromethane) 75-69-4 – – – – 1000 5600 – Fonofos 944-22-9 – 0.1 – – – – x Formaldehyde; see GI & CS Part 306.

Formaldehyde F 50-00-0 0.75 0.9 2 2.5 Formamide 75-12-7 20 30 30 45 – – – Formic acid 64-18-6 5 9 – – – – – Furfural 98-01-1 2 8 – – – – x Furfuryl alcohol 98-00-0 10 40 15 60 – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Gasoline 8006-61-9 300 900 500 1500 – – – Germanium tetrahydride 7782-65-2 0.2 0.6 – – – – – Glutaraldehyde 111-30-8 – – – – 0.2 0.8 – Glycerin, Respirable mist Total mist 56-81-5 – – – – – – – – – – – – Glycidol 556-52-5 25 75 – – – – – Glycol monoethyl ether; see 2-Ethoxyethanol Grain dust (Oat, wheat, barley) – – 10 – – – – – Graphite, natural Respirable dust 7782-42-5 – 2.5 – – – – – Graphite, synthetic, Respirable dust Total dust – – – – – – – – – – – – – Guthion R ; see Azinphos methyl Gypsum, Respirable dust Total dust 13397-24-5 – – – – – – – – – – – – Hafnium 7440-58-6 – 0.5 – – – – – Heptachlor 76-44-8 – 0.5 – – – – x Heptane (n-Heptane) 142-82-5 400 1600 500 2000 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Hexachlorobutadiene 87-68-3 – 0.02 0.24 – – – – Hexachlorocyclopentadiene 77-47-4 0.01 0.1 – – – – – Hexachloroethane 67-72-1 1 10 – – – – x Hexachloronaphthalene 1335-87-1 – 0.2 – – – – x Hexafluoroacetone 684-16-2 0.1 0.7 – – – – x n-Hexane 110-54-3 50 180 – – – – – Hexane isomers Varies with compound 500 1800 1000 3600 – – – 2-Hexanone (Methyl n-butyl ketone) 591-78-6 5 20 – – – – – Hexone (Methyl isobutyl ketone) 108-10-1 50 205 75 300 – – – sec-Hexyl acetate 108-84-9 50 300 – – – – – Hexylene glycol 107-41-5 – – – – 25 125 – Hydrazine 302-01-2 0.1 0.1 – – – – x Hydrogenated terphenyls 61788-32-7 0.5 5 – – – – – Hydrogen bromide 10035-10-6 – – – – 3 10 – Hydrogen chloride 7647-01-0 – – – – 5 7 – Hydrogen cyanide 74-90-8 – – 4.7 5 – – x Hydrogen fluoride (as F) 7664-39-3 3 – 6 – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Hydrogen peroxide 7722-84-1 1 1.4 – – – – – Hydrogen selenide (as Se) 7783-07-5 0.05 0.2 – – – – – Hydrogen sulfide 7783-06-4 10 14 15 21 – – – Hydroquinone 123-31-9 – 2 – – – – – 2-Hydroxypropyl acrylate 999-61-1 0.5 3 – – – – x Indene 95-13-6 10 45 – – – – – Indium and compounds (as In) 7440-74-6 – 0.1 – – – – – Iodine 7553-56-2 – – – – 0.1 1 – Iodoform 75-47-8 0.6 10 – – – – – Iron oxide fume 1309-37-1 – 10 – – – – – Iron pentacarbonyl (as Fe) 13463-40-6 0.1 0.8 0.2 1.6 – – – Iron salts (soluble) (as Fe)

Varies with compound – 1 – – – – – Isoamyl acetate 123-92-2 100 525 – – – – – Isoamyl alcohol (primary and secondary) 123-51-3 100 360 125 450 – – – Isobutyl acetate 110-19-0 150 700 – – – – – Isobutyl alcohol 78-83-1 50 150 – – – – – Isooctyl alcohol 26952-21-6 50 270 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Isophorone 78-59-1 4 23 – – – – – Isophorone diisocyanate (IPDI) 4098-71-9 0.005 – 0.02 – – – x 2-Isopropoxyethanol 109-59-1 25 105 – – – – – Isopropyl acetate 108-21-4 250 950 310 1185 – – – Isopropyl alcohol 67-63-0 400 980 500 1225 – – – Isopropylamine 75-31-0 5 12 10 24 – – – N-Isopropylaniline 768-52-5 2 10 – – – – x Isopropyl ether 108-20-3 500 2100 – – – – – Isopropyl glycidyl ether (IGE) 4016-14-2 50 240 75 360 – – – Kaolin, Respirable dust Total dust – – – – – – – – – – – – – Ketene 463-51-4 0.5 0.9 1.5 3 – – – Lead inorganic (as Pb); see GI Part 310. Lead in General Industry F 7439-92-1 – 0.05 (50 μg/m )

– – – – – Limestone, (calcium carbonate)

Respirable dust Total dust 1317-65-3 – – – – – – – – – – – – Lindane 58-89-9 – 0.5 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Lithium hydride 7580-67-8 – 0.025 – – – – – L.P.G. (Liquified petroleum gas) 68476-85-7 1000 1800 – – – – – Magnesite, Respirable dust Total dust 546-93-0 – – – – – – – – – – – – Magnesium oxide fume, Total particulate 1309-48-4 – 10 – – – – – Malathion dust 121-75-5 – 10 – – – – x Maleic anhydride 108-31-6 1 – – – – – – Manganese, Compounds (as Mn)

Fume (as Mn) 7439-96-5 – – – – – – – – – – – Manganese cyclopentadienyl tricarbonyl (as Mn) 12079-65-1 – 0.1 – – – – x Manganese tetroxide (as Mn) 1317-35-7 – 1 – – – – – Marble (calcium carbonate), Respirable dust Total dust 1317-65-3 – – – – – – – – – – – – Mercury Inorganic and aryl compounds (As Hg)

Organic compounds (as Hg)

Vapor (as Hg) 7439-97-6 – – – – 0.01 0.05 – – – – 0.03 – – – – 0.1 – – x x x Mesityl oxide 141-79-7 15 60 25 100 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Methacrylic acid 79-41-4 20 70 – – – – x Methanethiol; see Methyl mercaptan Methomyl (Lannate) 16752-77-5 – 2.5 – – – – – Methoxychlor dust 72-43-5 – 10 – – – – – 2-Methoxyethanol; see Methyl cellosolve 4-Methoxyphenol 150-76-5 – 5 – – – – – Methyl acetate 79-20-9 200 610 250 760 – – – Methyl acetylene (Propyne) 74-99-7 1000 1650 – – – – – Methyl acetylene-propadiene mixture (MAPP) – 1000 1800 1250 2250 – – – Methyl acrylate 96-33-3 10 35 – – – – x Methylacrylonitrile 126-98-7 1 3 – – – – x Methylal (Dimethoxymethane) 109-87-5 1000 3100 – – – – – Methyl alcohol 67-56-1 200 260 250 325 – – x Methylamine 74-89-5 10 12 – – – – – Methyl amyl alcohol; see Methyl isobutyl carbinol Methyl n-amyl ketone 110-43-0 100 465 – – – – – Methyl bromide 74-83-9 5 20 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Methyl n-butyl ketone; see 2-Hexanone Methyl cellosolve (2-Methoxyethanol) 109-86-4 25 80 – – – – x Methyl cellosolve acetate (2-Methoxyethyl acetate) 110-49-6 25 120 – – – – x Methyl chloride 74-87-3 50 105 100 210 – – – Methyl chloroform (1,1,1-Trichloroethane) 71-55-6 350 1900 450 2450 – – – Methyl 2-cyanoacrylate 137-05-3 2 8 4 16 – – – Methylcyclohexane 108-87-2 400 1600 – – – – – Methylcyclohexanol 25639-42-3 50 235 – – – – – o-Methylcyclohexanone 583-60-8 50 230 75 345 – – x Methylcyclopentadienyl manganese tricarbonyl (as Mn) 12108-13-3 – 0.2 – – – – x Methyl demeton 8022-00-2 – 0.5 – – – – x 4,4'-Methylene bis(2-chloroaniline) (MBOCA) 101-14-4 0.02 0.22 – – – – x Methylene bis(4-cyclohexylisocyanate) (MCBI) 5124-30-1 – – – – 0.01 0.11 – Methylene bisphenyl isocyanate (MDI) 101-68-8 – – – – 0.02 0.2 – Methylene chloride, see OH Part 313. Methylene Chloride F 75-09-2 25 87 125 434 TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Methylenedianiline (MDA); see GI Part 303.

Methylenedianiline (MDA) in General Industry F 101-77-9 ppb** 0.08 mg/m ppb** 0.8 mg/m – – – Methyl ethyl ketone (MEK); see 2-Butanone Methyl ethyl ketone peroxide (MEKP) 1338-23-4 – – – – 0.7 5 – Methyl formate 107-31-3 100 250 150 375 – – – Methyl hydrazine 60-34-4 – – – – 0.2 0.35 x Methyl iodide 74-88-4 2 10 – – – – x Methyl isoamyl ketone 110-12-3 50 240 – – – – – Methyl isobutyl carbinol 108-11-2 25 100 40 165 – – x Methyl isobutyl ketone; see Hexone Methyl isocyanate (MIC) 624-83-9 0.02 0.05 – – – – x Methyl isopropyl ketone 563-80-4 200 705 – – – – – Methyl mercaptan 74-93-1 0.5 1 – – – – – Methyl methacrylate 80-62-6 100 410 – – – – Methyl parathion 298-00-0 – 0.2 – – – – x Methyl propyl ketone; see 2-Pentanone Methyl silicate 681-84-5 1 6 – – 5 30 – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation alpha-Methyl styrene 98-83-9 50 240 100 485 – – – Metribuzin 21087-64-9 – 5 – – – – – Mica; see Silicates Molybdenum, (as Mo)

Insoluble compounds Soluble compounds 7439-98-7 – – – – – – – – – – – – Monocrotophos (Azodrin R ) 6923-22-4 – 0.25 – – – – – Monomethyl aniline 100-61-8 0.5 2 – – – – x Morpholine 110-91-8 20 70 30 105 – – x Naphtha (Coal tar) 8030-30-6 100 400 – – – – – Naphthalene 91-20-3 10 50 15 75 – – – alpha-Naphthylamine; see GI Part 350.

Carcinogens F 134-32-7 beta-Naphthylamine; see GI Part 350.

Carcinogens F 91-59-8 Nickel carbonyl (as Ni) 13463-39-3 0.001 0.007 – – – – – Nickel, Metal and insoluble compounds (as Ni)

Soluble compounds (as Ni) 7440-02-0 – – 0.1 – – – – – – – – – – Nicotine 54-11-5 – 0.5 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Nitric acid 7697-37-2 2 5 4 10 – – – Nitric oxide 10102-43-9 25 30 – – – – – p-Nitroaniline 100-01-6 – 3 – – – – x Nitrobenzene 98-95-3 1 5 – – – – x p-Nitrochlorobenzene 100-00-5 – 1 – – – – x 4-Nitrodiphenyl; see GI Part 350. Carcinogens F 92-93-3 Nitroethane 79-24-3 100 310 – – – – – Nitrogen dioxide 10102-44-0 – – 1 1.8 – – – Nitrogen trifluoride 7783-54-2 10 29 – – – – – Nitroglycerin 55-63-0 – – – 0.1 – – x Nitromethane 75-52-5 100 250 – – – – – 1-Nitropropane 108-03-2 25 90 – – – – – 2-Nitropropane 79-46-9 10 35 – – – – – N-Nitrosodimethylamine; see GI Part 350.

Carcinogens F 62-75-9 Nitrotoluene (o-,m-,p-isomers) 99-08-1 2 11 – – – – x Nitrotrichloromethane; see Chloropicrin TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Nonane 111-84-2 200 1050 – – – – – Octachloronaphthalene 2234-13-1 – 0.1 – 0.3 – – x Octane 111-65-9 300 1450 375 1800 – – – Oil mist, mineral 8012-95-1 – 5 – – – – – Osmium tetroxide (as Os) 20816-12-0 – 0.002 – 0.006 – – – Oxalic acid 144-62-7 – 1 – 2 – – – Oxygen difluoride 7783-41-7 – – – – 0.05 0.1 – Ozone 10028-15-6 0.1 0.2 0.3 0.6 – – – Paraffin wax fume 8002-74-2 – 2 – – – – – Paraquat, respirable dust 1910-42-5 2074-50-2 4685-14-7 – 0.1 – – – – x Parathion 56-38-2 – 0.1 – – – – x Particulates not otherwise regulated, Respirable dust Total dust – – – – – – – – – – – – – – – Pentaborane 19624-22-7 0.005 0.01 0.015 0.03 – – – Pentachloronaphthalene 1321-64-8 – 0.5 – – – – x Pentachlorophenol 87-86-5 – 0.5 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Pentaerythritol, Respirable dust Total dust 115-77-5 – – – – – – – – – – – – Pentane 109-66-0 600 1800 750 2250 – – – 2-Pentanone (Methyl propyl ketone) 107-87-9 200 700 250 875 – – – Perchloroethylene (Tetrachloroethylene) 127-18-4 25 170 – – – – – Perchloromethyl mercaptan 594-42-3 0.1 0.8 – – – – – Perchloryl fluoride 7616-94-6 3 14 6 28 – – – Perlite Respirable dust Total dust 93763-70-3 – – – – – – – – – – – – Petroleum distillates (Naphtha) (Rubber solvent) 400 1600 – – – – – Phenol 108-95-2 5 19 – – – – x Phenothiazine 92-84-2 – 5 – – – – x p-Phenylenediamine 106-50-3 – 0.1 – – – – x Phenyl ether, vapor 101-84-8 1 7 – – – – – Phenyl ether-biphenyl mixture, vapor – 1 7 – – – – – Phenylethylene; see Styrene Phenyl glycidyl ether (PGE) 122-60-1 1 6 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Phenylhydrazine 100-63-0 5 20 10 45 – – x Phenyl mercaptan 108-98-5 0.5 2 – – – – – Phenylphosphine 638-21-1 – – – – 0.05 0.25 – Phorate 298-02-2 – 0.05 – 0.2 – – x Phosdrin (Mevinphos R ) 7786-34-7 – 0.1 – 0.3 – – x Phosgene (Carbonyl chloride) 75-44-5 0.1 0.4 – – – – – Phosphine 7803-51-2 0.3 0.4 1 1 – – – Phosphoric acid 7664-38-2 – 1 – 3 – – – Phosphorus (yellow) 7723-14-0 – 0.1 – – – – – Phosphorus oxychloride 10025-87-3 0.1 0.6 – – – – – Phosphorus pentachloride 10026-13-8 – 1 – – – – – Phosphorus pentasulfide 1314-80-3 – 1 – 3 – – – Phosphorus trichloride 7719-12-2 0.2 1.5 0.5 3 – – – Phthalic anhydride 85-44-9 1 6 – – – – – m-Phthalodinitrile 626-17-5 – 5 – – – – – Picloram, Respirable dust Total dust 1918-02-1 – – – – – – – – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Picric acid 88-89-1 – 0.1 – – – – x Piperazine dihydrochloride 142-64-3 – 5 – – – – – Pindone (2-Pivalyl-1,3-indandione) 83-26-1 – 0.1 – – – – – Plaster of Paris (Calcium sulfate), Respirable dust Total dust 26499-65-0 – – – – – – – – – – – – Platinum (as Pt)

Metal Soluble salts 7440-06-4 – – 0.002 – – – – – – – – – – Portland cement, Respirable dust Total dust 65997-15-1 – – – – – – – – – – – – Potassium hydroxide 1310-58-3 – – – – – 2 – Propane 74-98-6 1000 1800 – – – – – Propargyl alcohol 107-19-7 1 2 – – – – x beta-Propriolactone; see GI Part 350. Carcinogens F 57-57-8 Propionic acid 79-09-4 10 30 – – – – – Propoxur (Baygon) 114-26-1 – 0.5 – – – – – n-Propyl acetate 109-60-4 200 840 250 1050 – – – n-Propyl alcohol 71-23-8 200 500 250 625 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation n-Propyl nitrate 627-13-4 25 105 40 170 – – – Propylene dichloride 78-87-5 75 350 110 510 – – – Propylene glycol dinitrate 6423-43-4 0.05 0.3 – – – – – Propylene glycol monomethyl ether 107-98-2 100 360 150 540 – – – Propylene imine 75-55-8 2 5 – – – – x Propylene oxide 75-56-9 20 50 – – – – – Propyne; see Methyl acetylene Pyrethrum 8003-34-7 – 5 – – – – – Pyridine 110-86-1 5 15 – – – – – Quinone 106-51-4 0.1 0.4 – – – – – Resorcinol 108-46-3 10 45 20 90 – – – Rhodium, Insoluble compounds (as Rh)

Metal fume (as Rh)

Soluble compounds (as Rh) 7440-16-6 – – – 0.1 0.1 0.001 – – – – – – – – – – – – – – – Ronnel 299-84-3 – 10 – – – – – Rosin core solder pyrolysis products, as formaldehyde – – 0.1 – – – – – Rotenone 83-79-4 – 5 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Rouge, Respirable dust Total dust – – – – – – – – – – – – – Selenium compounds (as Se) 7782-49-2 – 0.2 – – – – – Selenium hexafluoride (as Se) 7783-79-1 0.05 0.4 – – – – – Silica, amorphous, precipitated and gel 112926-00-8 – 6 – – – – – Silica, amorphous, diatomaceous earth, containing less than 1% crystalline silica 61790-53-2 – 6 – – – – – Silica, crystalline, respirable dust See GI Part 590. Silica in General Industry Cristobalite 14464-46-1 – 0.05 – – – – – Quartz 14808-60-7 – 0.05 – – – – – Tridymite 15468-32-3 – 0.05 – – – – – Tripoli (as quartz) 1317-95-9 – 0.05 – – – – – Silica, fused, Respirable dust 60676-86-0 – 0.1 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Silicates (less than 1% crystalline silica)

Mica, respirable dust 12001-26-2 – 3 – – – – – Soapstone, respirable dust – – 3 – – – – – Soapstone, total dust – – 6 – – – – – Talc (containing asbestos); use asbestos limit – OH Part 305 “Asbestos for General Industry,”

Talc (containing no asbestos), respirable dust 14807-96-6 – 2 – – – – – Tremolite – OH Part 305 “Asbestos for General Industry,”

Silicon, Respirable dust Total dust 7440-21-3 – – – – – – – – – – – – Silicon carbide, Respirable dust Total dust 409-21-2 – – – – – – – – – – – – Silicon tetrahydride 7803-62-5 5 7 – – – – – Silver, metal and soluble compounds (as Ag) 7440-22-4 – 0.01 – – – – – Soapstone; see Silicates Sodium azide (as HN )

(as NaN ) 26628-22-8 – – – – – – – – 0.1 – – 0.3 x x Sodium bisulfite 7631-90-5 – 5 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Sodium fluoroacetate 62-74-8 – 0.05 – 0.15 – – x Sodium hydroxide 1310-73-2 – – – – – 2 – Sodium metabisulfite 7681-57-4 – 5 – – – – – Starch, Respirable dust Total dust 9005-25-8 – – – – – – – – – – – – Stibine 7803-52-3 0.1 0.5 – – – – – Stoddard solvent 8052-41-3 100 525 – – – – – Strychnine 57-24-9 – 0.15 – – – – – Styrene 100-42-5 50 215 100 425 – – – Subtilisins (Proteolytic enzymes) 9014-01-1 – – – 0.00006 (60 min.)

– – – Sucrose, Respirable dust Total dust 57-50-1 – – – – – – – – – – – – Sulfur dioxide 7446-09-5 2 5 5 10 – – – Sulfur hexafluoride 2551-62-4 1000 6000 – – – – – Sulfuric acid 7664-93-9 – 1 – – – – – Sulfur monochloride 10025-67-9 – – – – 1 6 – Sulfur pentafluoride 5714-22-7 – – – – 0.01 0.1 – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Sulfur tetrafluoride 7783-60-0 – – – – 0.1 0.4 – Sulfuryl fluoride 2699-79-8 5 20 10 40 – – – Sulprofos 35400-43-2 – 1 – – – – – Systox R ; see Demeton 2,4,5-T (2,4,5-trichlorophenoxyacetic acid) 93-76-5 – 10 – – – – – Talc; see Silicates Tantalum, metal and oxide dust 7440-25-7 – 5 – – – – – TEDP (Sulfotep) 3689-24-5 – 0.2 – – – – x Tellurium and compounds (as Te) 13494-80-9 – 0.1 – – – – – Tellurium hexafluoride (as Te) 7783-80-4 0.02 0.2 – – – – – Temephos, Respirable dust Total dust 3383-96-8 – – – – – – – – – – – – TEPP 107-49-3 – 0.05 – – – – x Terphenyls 26140-60-3 – – – – 0.5 5 – 1,1,1,2-Tetrachloro-2, 2-difluoroethane 76-11-9 500 4170 – – – – – 1,1,2,2-Tetrachloro-1, 2-difluoroethane 76-12-0 500 4170 – – – – – 1,1,2,2-Tetrachloroethane 79-34-5 1 7 – – – – x TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Tetrachloroethylene; see Perchloroethylene Tetrachloromethane; see Carbon tetrachloride Tetrachloronaphthalene 1335-88-2 – 2 – – – – x Tetraethyl lead (as Pb) 78-00-2 – 0.075 – – – – x Tetrahydrofuran 109-99-9 200 590 250 735 – – – Tetramethyl lead (as Pb) 75-74-1 – 0.075 – – – – x Tetramethyl succinonitrile 3333-52-6 0.5 3 – – – – x Tetranitromethane 509-14-8 1 8 – – – – – Tetrasodium pyrophosphate 7722-88-5 – 5 – – – – – Tetryl (2,4,6-Trinitrophenylmethylnitramine) 479-45-8 – 1.5 – – – – x Thallium, soluble compounds (as Tl) 7440-28-0 – 0.1 – – – – x 4,4'-Thiobis(6-tert-butyl-m-cresol)

Respirable dust Total dust 96-69-5 – – – – – – – – – – – – Thioglycolic acid 68-11-1 1 4 – – – – x Thionyl chloride 7719-09-7 – – – – 1 5 – Thiram 137-26-8 – 5 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Tin, Inorganic compounds (except oxides)

(as Sn)

Organic compounds (as Sn)

Oxides (as Sn) 7440-31-5 7440-31-5 21651-19-4 – – – 0.1 – – – – – – – – – – – – – x – Titanium dioxide Total dust 13463-67-7 – 10 – – – – – Toluene 108-88-3 100 375 150 560 – – – Toluene-2,4-diisocyanate (TDI) 584-84-9 0.005 0.04 0.02 0.15 – – – m-Toluidine 108-44-1 2 9 – – – – x o-Toluidine 95-53-4 5 22 – – – – x p-Toluidine 106-49-0 2 9 – – – – x Toxaphene; see Chlorinated camphene Tremolite; see Silicates Tributyl phosphate 126-73-8 0.2 2.5 – – – – – Trichloroacetic acid 76-03-9 1 7 – – – – – 1,2,4-Trichlorobenzene 120-82-1 – – – – 5 40 – 1,1,1-Trichloroethane; see Methyl chloroform 1,1,2-Trichloroethane 79-00-5 10 45 – – – – x Trichloroethylene 79-01-6 50 270 200 1080 – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Trichloromethane; see Chloroform Trichloronaphthalene 1321-65-9 – 5 – – – – x 1,2,3-Trichloropropane 96-18-4 10 60 – – – – – 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 1000 7600 1250 9500 – – – Triethylamine 121-44-8 10 40 15 60 – – – Trifluorobromomethane 75-63-8 1000 6100 – – – – – Trimellitic anhydride 552-30-7 0.005 0.04 – – – – – Trimethylamine 75-50-3 10 24 15 36 – – – Trimethyl benzene 25551-13-7 25 125 – – – – – Trimethyl phosphite 121-45-9 2 10 – – – – – 2,4,6-Trinitrophenol; see Picric acid 2,4,6-Trinitrophenylmethylnitramine; see Tetryl 2,4,6-Trinitrotoluene (TNT) 118-96-7 – 0.5 – – – – x Triorthocresyl phosphate 78-30-8 – 0.1 – – – – x Triphenyl amine 603-34-9 – 5 – – – – – Triphenyl phosphate 115-86-6 – 3 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Tungsten Insoluble compounds (as W)

Soluble compounds (as W) 7440-33-7 – – – – – – – – Turpentine 8006-64-2 100 560 – – – – – Uranium (as U)

Insoluble compounds Soluble compounds 7440-61-1 – – 0.2 0.05 – – 0.6 - – – – – – – n-Valeraldehyde 110-62-3 50 175 – – – – – Vanadium pentoxide Fume (as V O )

Respirable dust (as V O ) 1314-62-1 – – 0.05 0.05 – – – – – – – – – – Vegetable oil mists Respirable mist Total mist – – – – – – – – – – – – – Vinyl acetate 108-05-4 10 30 20 60 – – – Vinyl benzene; see Styrene Vinyl bromide 593-60-2 5 20 – – – – – Vinyl chloride; see GI Part 302. Vinyl Chloride F 75-01-4 1 2.5 5 12.8 Vinyl cyanide; see Acrylonitrile Vinyl cyclohexene dioxide 106-87-6 10 60 – – – – x Vinylidene chloride (1,1-Dichloroethylene) 75-35-4 1 4 – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Vinyl toluene 25013-15-4 100 480 – – – – – VM & P Naphtha 8032-32-4 300 1350 400 1800 – – – Warfarin 81-81-2 – 0.1 – – – – – Welding fumes (Total particulate)* – – 5 – – – – – Wood dust, all soft and hard woods (except Western red cedar)

– – 5 – 10 – – – Wood dust, Western red cedar – – 2.5 – – – – – Xylene (o-,m-,p-isomers) (Dimethyl benzene) 1330-20-7 100 435 150 655 – – – m-Xylene-alpha, alpha’-diamine 1477-55-0 – – – – – 0.1 x Xylidine 1300-73-8 2 10 – – – – x Yttrium 7440-65-5 – 1 – – – – – Zinc chloride fume 7646-85-7 – 1 – 2 – – – Zinc chromates (as Cr+6); see OH Part 315.

Chromium (VI) in General Industry F,G Varies with compound – 0.005 (5 μg/m )

– – – – – Zinc oxide fume 1314-13-2 – 5 – 10 – – – Zinc oxide, Respirable dust Total dust 1314-13-2 – – – – – – – – – – – – TABLE G-1-A. EXPOSURE LIMITS FOR AIR CONTAMINANTS TWA STEL D Ceiling Substance CAS No.

A ppm B mg/m 3C ppm B mg/m 3C ppm B mg/m 3C Skin Designation Zinc stearate Respirable dust Total dust 557-05-1 – – – – – – – – – – – – Zirconium compounds (as Zr) 7440-67-7 – 5 – 10 – – – All MIOSHA Standards shown in this table are referenced in R 325.51101. * As determined from breathing-zone air samples. ** Parts per billion.

A The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

B Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 Torr.

C Approximate milligrams of substance per cubic meter of air.

D Duration is for 15 minutes, unless otherwise noted.

E The GI & CS Part 311. “Benzene” standard applies to all occupational exposures to benzene, except some sub-segments of industry where exposures are consistently under the action level. These sub-segments include the distribution and sale of fuels, sealed containers and pipelines, coke production, oil and gas drilling and production, natural gas processing, and the percentage exclusion for liquid mixtures. For the excepted sub-segments, the benzene limits in table G-2 apply.

F Caution--this rule contains extensive requirements for exposure to these substances.

G If the exposure limit in OH Part 315. “Chromium (VI) in General Industry” is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m .

TABLE G-2. EXPOSURE LIMITS FOR AIR CONTAMINATES

Substance 8-hour, time-weighted average Acceptable ceiling concentration Acceptable maximum peak above the acceptable ceiling concentration for an 8-hour workshift.

Concentration Maximum duration S Benzene E,F 10 ppm 25 ppm 50 ppm 10 minutes S Ethylene dibromide 20 ppm 30 ppm 50 ppm 5 minutes Note: S above signifies that skin contact shall not be allowed.

E The GI & CS Part 311. “Benzene” standard applies to all occupational exposures to benzene, except some sub-segments of industry where exposures are consistently under the action level. These sub-segments include the distribution and sale of fuels, sealed containers and pipelines, coke production, oil and gas drilling and production, natural gas processing, and the percentage exclusion for liquid mixtures. For the excepted sub-segments, the benzene limits in this table apply.

F Caution--this rule contains extensive requirements for exposure to these substances.

History

• History: 1990 AACS; 2001 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

R 325.51131 to R 325.51143 Part 511. Temporary Labor Camps

Mich. Admin. Code R 325.51131 Adoption and availability of standards {#sec-r-325.51131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51131}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

((By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 511. TEMPORARY LABOR CAMPS

Rule 1. (1) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.142 “Temporary labor camps,” as amended September 13, 2005, are adopted by reference in these rules.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(3) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(4) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(5) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51132 Rescinded {#sec-r-325.51132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51132}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51133 Rescinded {#sec-r-325.51133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51133}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51134 Rescinded {#sec-r-325.51134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51134}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51135 Rescinded {#sec-r-325.51135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51135}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51136 Rescinded {#sec-r-325.51136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51136}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51137 Rescinded {#sec-r-325.51137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51137}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51138 Rescinded {#sec-r-325.51138 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51138}

R 325.51139. Construction and operation of kitchens, dining halls, and feeding facilities.

Rule 9. (1) In all camps where central dining or multiple family feeding operations are permitted or provided, the food handling facilities shall comply with the requirements of the United States Health and Human Services, Food and Drug Administration, Food Code, 2005 Edition. A copy of the Food Code may be obtained in either of the following ways:

(a) At no cost from the United States Health and Human Services, Food and Drug Administration, via the following website: www.fda.gov.

(b) From the United States Department of Commerce, National Technical Information Service, 6301 Shawnee Road, Alexandria, Virginia, 22312, USA, Phone: 1- 888-584-8332 or via the following website: www.ntis.gov/, at a cost of $59.00 at the time of adoption of these rules.

(2) The standards adopted in subrule (1) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standard adopted in subrule (1) of this rule may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) A properly constructed kitchen and dining adequate in size, separate from the sleeping quarters of any of the workers or their families, must be provided in connection with all food handling facilities. There must be no direct opening from living or sleeping quarters into a kitchen or dining hall.

(5) No person with any communicable disease shall be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or materials used therein, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp.

History

• History: 2008 AACS; 2018 AACS.
• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51140 Rescinded {#sec-r-325.51140 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51140}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51141 Rescinded {#sec-r-325.51141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51141}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51142 Rescinded {#sec-r-325.51142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51142}

History

• History: 2008 AACS; 2018 AACS.

Mich. Admin. Code R 325.51143 Rescinded {#sec-r-325.51143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51143}

Rule 4301 Rescinded.

History

• History: 2008 AACS; 2013 AACS.
• History: 2008 AACS.

R 325.51151 to R 325.51177 Part 304. Ethylene Oxide

Mich. Admin. Code R 325.51151 Scope, application, adoption, and availability of standards {#sec-r-325.51151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51151}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 304 ETHYLENE OXIDE

Rule 1. (1) These rules apply to all occupational exposures to ethylene oxide (EtO), chemical abstracts service registry no. 75-21-8, except as provided in subrule (2) of this rule.

(2) These rules do not apply to the processing, use, and handling of products that contain EtO if objective data are reasonably relied upon that demonstrate that the product is not capable of releasing EtO in airborne concentrations at or above the action level under the expected conditions of processing, use, or handling that will cause the greatest possible release.

(3) If products containing EtO are exempted under subrule (2) of this rule, the employer shall maintain records of the objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in 29 CFR 1910.1047(k)(1), which is adopted by reference in subrule (4) of this rule.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1047 “Ethylene oxide,” as amended May 14, 2019.

(b) 29 CFR 1910.1047, appendix A “Substance safety data sheet for ethylene oxide (non-mandatory),” as amended January 8, 1998.

(c) 29 CFR 1910.1047, appendix B “Substance technical guidelines for ethylene oxide (non-mandatory),” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1047, appendix C “Medical surveillance guidelines for ethylene oxide (non-mandatory),” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1047, appendix D “Sampling and analytical methods for ethylene oxide (non-mandatory),” as amended February 13, 1996.

(5) A reference to 29 CFR 1910.38 and 1910.39 means General Industry Safety and Health Standard Part 6. “Fire Exits.”

(6) A reference to 29 CFR 1910.132 and 1910.133 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(7) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(8) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(9) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(10) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(11) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(b) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(c) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.

(d) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(e) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 1988 AACS; 1993 AACS; 2018 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 325.51151a Rescinded {#sec-r-325.51151a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51151a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51152 Rescinded {#sec-r-325.51152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51152}

History

• History: 1988 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51153 Rescinded {#sec-r-325.51153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51153}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51154 Rescinded {#sec-r-325.51154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51154}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51155 Rescinded {#sec-r-325.51155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51155}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51156 Rescinded {#sec-r-325.51156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51156}

History

• History: 1988 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51156a Rescinded {#sec-r-325.51156a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51156a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51157 Rescinded {#sec-r-325.51157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51157}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51158 Rescinded {#sec-r-325.51158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51158}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51159 Rescinded {#sec-r-325.51159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51159}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51160 Rescinded {#sec-r-325.51160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51160}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51161 Rescinded {#sec-r-325.51161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51161}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51162 Rescinded {#sec-r-325.51162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51162}

History

• History: 1988 AACS; 1993 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51163 Rescinded {#sec-r-325.51163 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51163}

History

• History: 1988 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51164 Rescinded {#sec-r-325.51164 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51164}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51165 Rescinded {#sec-r-325.51165 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51165}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51166 Rescinded {#sec-r-325.51166 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51166}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51167 Rescinded {#sec-r-325.51167 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51167}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51168 Rescinded {#sec-r-325.51168 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51168}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51168a Rescinded {#sec-r-325.51168a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51168a}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51169 Rescinded {#sec-r-325.51169 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51169}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51170 Rescinded {#sec-r-325.51170 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51170}

History

• History: 1988 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51171 Rescinded {#sec-r-325.51171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51171}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51172 Rescinded {#sec-r-325.51172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51172}

History

• History: 1988 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51173 Rescinded {#sec-r-325.51173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51173}

History

• History: 1988 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51174 Rescinded {#sec-r-325.51174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51174}

History

• History: 1988 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51175 Rescinded {#sec-r-325.51175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51175}

History

• History: 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51176 Rescinded {#sec-r-325.51176 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51176}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 325.51177 Rescinded {#sec-r-325.51177 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51177}

History

• History: 1988 AACS; 1993 AACS; 2000 AACS; 2015 AACS.

R 325.51301 to R 325.51302 Part 602. Asbestos Standards for Construction

Mich. Admin. Code R 325.51301 Scope, application, and adoption by federal standards {#sec-r-325.51301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51301}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 602. ASBESTOS STANDARDS FOR CONSTRUCTION

Rule 1. (1) These rules apply to all construction work as defined by the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094. Construction work includes, but is not limited to, all of the following:

(a) Demolition or salvage of structures where asbestos is present.

(b) Removal or encapsulation of materials containing asbestos.

(c) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof that contain asbestos.

(d) Installation of products containing asbestos.

(e) Asbestos spill or emergency cleanup.

(f) The transportation, disposal, storage, or containment of, and housekeeping activities involving, asbestos or products containing asbestos on the site or location at which construction activities are performed.

(2) Coverage under these rules shall be based on the nature of the work operation involving asbestos exposure.

(3) The federal Occupational Safety and Health Administration (OSHA) regulations on occupational exposure to asbestos that have been promulgated by the United States Department of Labor and codified at 29 CFR 1926.1101, “Asbestos,” as amended February 18, 2020, are adopted in these rules.

(4) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094.

(5) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(6) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(7) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1994 AACS; 1995 AACS; 1997 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 325.51302 Rescinded {#sec-r-325.51302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51302}

History

• History: 1994 AACS; 1995 AACS; 1997 AACS; 1999 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 30, 2021.

R 325.51311 to R 325.51312 Part 305. Asbestos Standards for General Industry

Mich. Admin. Code R 325.51311 Scope and application {#sec-r-325.51311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51311}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025 and 445.2030)

PART 305. ASBESTOS STANDARDS FOR GENERAL INDUSTRY

Rule 1. (1) These rules apply to all occupational exposures to asbestos in all industries covered by the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094, except as provided in subrule (2) of this rule.

(2) These rules do not apply to construction work as defined by the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094. Exposure to asbestos in construction work is covered by Occupational Health Standard Part 602 “Asbestos Standards for Construction,” R 325.51301 and R 325.51302.

History

• History: 1994 AACS; 1995 AACS; 1997 AACS; 2013 AACS.

Mich. Admin. Code R 325.51312 Adoption by reference of federal standard {#sec-r-325.51312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51312}

Rule 2. (1) The federal occupational safety and health administration’s regulations on occupational exposure to asbestos that have been promulgated by the United States department of labor and codified at 29 C.F.R. §1910.1001, “Asbestos for General Industry,” as amended March 26, 2012, are adopted in these rules.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094.

(3) The adopted federal regulations are available without cost as of the time of adoption of these rules from the United States Department of Labor, OSHA, 315 West Allegan, Room 315, Lansing, Michigan 48933, or from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909-8143, or via the internet at website www.osha.gov.

Editor's Note: An obvious error in R 325.51312 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 11. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

History

• History: 1994 AACS; 1995 AACS; 1997 AACS; 2000 AACS; 2013 AACS.

R 325.51401 to R 325.51414 Part 302. Vinyl Chloride

Mich. Admin. Code R 325.51401 Scope, application, adoption, and availability of standards {#sec-r-325.51401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51401}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 302 VINYL CHLORIDE

Rule 1. (1) These rules specify the requirements for the control of employee exposure to vinyl chloride (chloroethene), Chemical Abstracts Service Registry No. 75014.

(2) These rules apply to the manufacture, reaction, packaging, repackaging, storage, handling, or use of vinyl chloride or polyvinyl chloride, but do not apply to the handling or use of fabricated products made of polyvinyl chloride.

(3) These rules apply to the transportation of vinyl chloride or polyvinyl chloride, except to the extent that the United States Department of Transportation regulates the hazards covered by these rules.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1017 “Vinyl chloride,” as amended May 14, 2019.

(b) 29 CFR 1910.1017, appendix A “Supplemental medical information,” as amended February 13, 1996.

(5) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The standards adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(b) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(c) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 2000 AACS; 2013 AACS; 2018 AACS; 2021 MR 8, Eff. Apr. 27, 2021.

Mich. Admin. Code R 325.51401a Rescinded {#sec-r-325.51401a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51401a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51402 Rescinded {#sec-r-325.51402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51402}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51403 Rescinded {#sec-r-325.51403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51403}

History

• History: 2000 AACS; 2018 AACS.

Mich. Admin. Code R 325.51404 Rescinded {#sec-r-325.51404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51404}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51405 Rescinded {#sec-r-325.51405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51405}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51406 Rescinded {#sec-r-325.51406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51406}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51407 Rescinded {#sec-r-325.51407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51407}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51408 Rescinded {#sec-r-325.51408 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51408}

History

• History: 2000 AACS; 2018 AACS.

Mich. Admin. Code R 325.51409 Rescinded {#sec-r-325.51409 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51409}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51410 Rescinded {#sec-r-325.51410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51410}

History

• History: 2000 AACS; 2018 AACS.

Mich. Admin. Code R 325.51411 Rescinded {#sec-r-325.51411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51411}

History

• History: 2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51411a Rescinded {#sec-r-325.51411a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51411a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51412 Rescinded {#sec-r-325.51412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51412}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51413 Rescinded {#sec-r-325.51413 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51413}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51414 Rescinded {#sec-r-325.51414 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51414}

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

R 325.51451 to R 325.51477 Part 306. Formaldehyde

Mich. Admin. Code R 325.51451 Scope, application, adoption, and availability of standards {#sec-r-325.51451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51451}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 306 FORMALDEHYDE

Rule 1. (1) The rules in this part apply to exposures to any of the following:

(a) Formaldehyde from any source.

(b) Formaldehyde gas.

(c) Formaldehyde solutions.

(d) Materials that release formaldehyde.

(2) The rules in this part apply to all employment situations, including general industry and construction industry employment.

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1048 “Formaldehyde,” as amended May 14, 2019.

(b) 29 CFR 1910.1048, appendix A “Substance technical guidelines for formalin,” as amended February 8, 2013.

(c) 29 CFR 1910.1048, appendix B “Sampling strategy and analytical methods for formaldehyde,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1048, appendix C “Medical surveillance – Formaldehyde,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1048, appendix D “Nonmandatory Medical Disease Questionnaire,” as amended May 14, 2019.

(4) A reference to 29 CFR 1910.132 and 1910.133 means all of the following:

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(5) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(6) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(9) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(11) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The standards adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(13) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(c) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 325.51451a Rescinded {#sec-r-325.51451a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51451a}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51452 Rescinded {#sec-r-325.51452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51452}

History

• History: 1990 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51453 Rescinded {#sec-r-325.51453 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51453}

History

• History: 1990 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51454 Rescinded {#sec-r-325.51454 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51454}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51455 Rescinded {#sec-r-325.51455 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51455}

History

• History: 1990 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51456 Rescinded {#sec-r-325.51456 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51456}

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 325.51457 Rescinded {#sec-r-325.51457 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51457}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51458 Rescinded {#sec-r-325.51458 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51458}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51459 Rescinded {#sec-r-325.51459 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51459}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51460 Rescinded {#sec-r-325.51460 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51460}

History

• History: 1990 AACS; 1993 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51461 Rescinded {#sec-r-325.51461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51461}

History

• History: 1990 AACS; 1993 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51461a Rescinded {#sec-r-325.51461a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51461a}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51462 Rescinded {#sec-r-325.51462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51462}

History

• History: 1990 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51463 Rescinded {#sec-r-325.51463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51463}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51463a Rescinded {#sec-r-325.51463a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51463a}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51464 Rescinded {#sec-r-325.51464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51464}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51465 Rescinded {#sec-r-325.51465 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51465}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51466 Rescinded {#sec-r-325.51466 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51466}

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 325.51467 Rescinded {#sec-r-325.51467 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51467}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51468 Rescinded {#sec-r-325.51468 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51468}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51469 Rescinded {#sec-r-325.51469 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51469}

History

• History: 1990 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51470 Rescinded {#sec-r-325.51470 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51470}

History

• History: 1990 AACS; 1993 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51471 Rescinded {#sec-r-325.51471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51471}

History

• History: 1990 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51472 Rescinded {#sec-r-325.51472 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51472}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS.

Mich. Admin. Code R 325.51472a Rescinded {#sec-r-325.51472a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51472a}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51472b Rescinded {#sec-r-325.51472b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51472b}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51472c Rescinded {#sec-r-325.51472c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51472c}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51472d Rescinded {#sec-r-325.51472d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51472d}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51473 Rescinded {#sec-r-325.51473 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51473}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474 Rescinded {#sec-r-325.51474 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474a Rescinded {#sec-r-325.51474a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474a}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474b Rescinded {#sec-r-325.51474b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474b}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474c Rescinded {#sec-r-325.51474c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474c}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474d Rescinded {#sec-r-325.51474d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474d}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51474e Rescinded {#sec-r-325.51474e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51474e}

History

• History: 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51475 Rescinded {#sec-r-325.51475 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51475}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS.

Mich. Admin. Code R 325.51476 Rescinded {#sec-r-325.51476 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51476}

History

• History: 1990 AACS; 1993 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS.

Mich. Admin. Code R 325.51477 Rescinded {#sec-r-325.51477 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51477}

History

• History: 1990 AACS; 1999 AACS; 2014 AACS; Republished in 2015 MR 8, May 15, 2015 can be referenced to 2014 AACS.

R 325.51501 to R 325.51527 Part 307. Acrylonitrile (AN)

Mich. Admin. Code R 325.51501a Rescinded {#sec-r-325.51501a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51501a}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 307. ACRYLONITRILE

R 325.51501. Scope, applicability, adoption, and availability of standards.

Rule 501. (1) The rules in this part apply to all occupational exposures to acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as provided in subrules (2) and (3) of this rule.

(2) The rules in this part do not apply to exposures that result solely from the processing, use, and handling of the following materials:

(a) Acrylonitrile-butadiene-styrene (ABS) resins, Styreneacrylonitrile (SAN) resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers in the form of finished polymers, including products fabricated from such finished polymers.

(b) Materials made from or containing AN, or both, for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations of more than 1 part per million (ppm) as an 8-hour, timeweighted average under the expected conditions of processing, use, and handling that cause the greatest possible release.

(c) Solid materials made from or containing AN, or both, that will not be heated above 170 degrees Fahrenheit during handling, use, or processing.

(3) An employer who relies on the exemption in subrule (2)(b) of this rule shall maintain records of the objective data supporting that exemption and of the basis of the employer’s reliance on the data, as provided in 29 CFR 1910.1045(q), which is adopted by reference in subrule (4) of this rule.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1045, “Acrylonitrile,” as amended May 14, 2019.

(b) 29 CFR 1910.1045, appendix A “Substance safety data sheet for acrylonitrile,” as amended January 8, 1998.

(c) 29 CFR 1910.1045, appendix B “Substance technical guidelines for acrylonitrile,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1045, appendix C “Medical surveillance guidelines for acrylonitrile,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1045, appendix D “Sampling and analytical methods for acrylonitrile,” as amended February 13, 1996.

(5) A reference to 29 CFR 1910.132, and 1910.133 means all of the following:

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(9) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(10) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(11) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History: 1980 AACS; 2015 AACS; 2018 AACS; 2021 MR 6, Eff. Mar 30, 2021 Editor's Note: An obvious error in R 325.51501 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2021 MR 6. The memorandum requesting the correction was published in Michigan Register, 2021 MR 6.

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51502 Rescinded {#sec-r-325.51502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51502}

History

• History: 1980 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51503 Rescinded {#sec-r-325.51503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51503}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51504 Rescinded {#sec-r-325.51504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51504}

History

• History: 1980 AACS; 2015 AACS.

Mich. Admin. Code R 325.51505 Rescinded {#sec-r-325.51505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51505}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51506 Rescinded {#sec-r-325.51506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51506}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51507 Rescinded {#sec-r-325.51507 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51507}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51508 Rescinded {#sec-r-325.51508 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51508}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51509 Rescinded {#sec-r-325.51509 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51509}

History

• History: 1980 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51510 Rescinded {#sec-r-325.51510 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51510}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51511 Rescinded {#sec-r-325.51511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51511}

History

• History: 1980 AACS; 1993 AACS; 2015; AACS 2018 AACS.

Mich. Admin. Code R 325.51512 Rescinded {#sec-r-325.51512 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51512}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51513 Rescinded {#sec-r-325.51513 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51513}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51514 Rescinded {#sec-r-325.51514 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51514}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51515 Rescinded {#sec-r-325.51515 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51515}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51516 Rescinded {#sec-r-325.51516 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51516}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51517 Rescinded {#sec-r-325.51517 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51517}

History

• History: 1980 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51518 Rescinded {#sec-r-325.51518 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51518}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51519 Rescinded {#sec-r-325.51519 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51519}

History

• History: 1980 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51519a Rescinded {#sec-r-325.51519a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51519a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51520 Rescinded {#sec-r-325.51520 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51520}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51521 Rescinded {#sec-r-325.51521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51521}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51522 Rescinded {#sec-r-325.51522 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51522}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51523 Rescinded {#sec-r-325.51523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51523}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51524 Rescinded {#sec-r-325.51524 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51524}

History

• History: 1980 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51525 Rescinded {#sec-r-325.51525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51525}

History

• History: 1980 AACS; 1993 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51526 Rescinded {#sec-r-325.51526 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51526}

History

• History: 1980 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51527 Rescinded {#sec-r-325.51527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51527}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2015 AACS.

R 325.51601 to R 325.51628 Part 308. Inorganic Arsenic (As)

Mich. Admin. Code R 325.51601 Scope, applicability, adoption, and availability of standards {#sec-r-325.51601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51601}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 308. INORGANIC ARSENIC

Rule 601. (1) These rules apply to all occupational exposures to inorganic arsenic, except that they do not apply to employee exposures in agriculture or resulting from pesticide application, the treatment of wood with preservatives, or the utilization of arsenically preserved wood.

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1018 “Inorganic arsenic,” as amended May 14, 2019.

(b) 29 CFR 1910.1018, appendix A “Inorganic arsenic substance information sheet,” as amended May 14, 2019.

(c) 29 CFR 1910.1018, appendix B “Substance technical guidelines,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1018, appendix C “Medical surveillance guidelines,” as amended May 14, 2019.

(3) A reference to 29 CFR 1910.133 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(4) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R325.60052.

(5) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to 325.47425.

(6) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(7) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication,” R 325.77001 to R 325.77004.

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(b) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(c) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(d) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(e) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 1980 AACS; 1993 AACS; 2018 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.51601a Rescinded {#sec-r-325.51601a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51601a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51602 Rescinded {#sec-r-325.51602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51602}

History

• History: 1980 AACS; 2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51603 Rescinded {#sec-r-325.51603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51603}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51604 Rescinded {#sec-r-325.51604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51604}

History

• History: 1980 AACS; 2014 AACS.

Mich. Admin. Code R 325.51605 Rescinded {#sec-r-325.51605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51605}

History

• History: 1980 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51606 Rescinded {#sec-r-325.51606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51606}

History

• History: 1980 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51607 Rescinded {#sec-r-325.51607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51607}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51608 Rescinded {#sec-r-325.51608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51608}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51609 Rescinded {#sec-r-325.51609 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51609}

History

• History: 1980 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51610 Rescinded {#sec-r-325.51610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51610}

History

• History: 1980 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51611 Rescinded {#sec-r-325.51611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51611}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51611a Rescinded {#sec-r-325.51611a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51611a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51612 Rescinded {#sec-r-325.51612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51612}

History

• History: 1980 AACS; 2000 AACS.

Mich. Admin. Code R 325.51613 Rescinded {#sec-r-325.51613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51613}

History

• History: 1980 AACS; 2000 AACS.

Mich. Admin. Code R 325.51614 Rescinded {#sec-r-325.51614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51614}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51614a Rescinded {#sec-r-325.51614a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51614a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51615 Rescinded {#sec-r-325.51615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51615}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51616 Rescinded {#sec-r-325.51616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51616}

History

• History: 1980 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51617 Rescinded {#sec-r-325.51617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51617}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51618 Rescinded {#sec-r-325.51618 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51618}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51619 Rescinded {#sec-r-325.51619 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51619}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51620 Rescinded {#sec-r-325.51620 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51620}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51621 Rescinded {#sec-r-325.51621 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51621}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51622 Rescinded {#sec-r-325.51622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51622}

History

• History: 1980 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51623 Rescinded {#sec-r-325.51623 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51623}

History

• History: 1980 AACS; 2014 AACS.

Mich. Admin. Code R 325.51623a Rescinded {#sec-r-325.51623a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51623a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51623b Rescinded {#sec-r-325.51623b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51623b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51624 Rescinded {#sec-r-325.51624 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51624}

History

• History: 1980 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51625 Rescinded {#sec-r-325.51625 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51625}

History

• History: 1980 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51626 Rescinded {#sec-r-325.51626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51626}

History

• History: 1980 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51627 Rescinded {#sec-r-325.51627 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51627}

History

• History: 1980 AACS; 2018 AACS.

Mich. Admin. Code R 325.51628 Rescinded {#sec-r-325.51628 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51628}

History

• History: 1980 AACS; 1993 AACS; 2000 AACS; 2014 AACS.

R 325.51651 to R 325.51653 Part 313. Methylene Chloride

Mich. Admin. Code R 325.51651 Scope, applicability, adoption, and standards by reference standards {#sec-r-325.51651 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51651}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 313. METHYLENE CHLORIDE

Rule 1. (1) These rules apply to all occupational exposures to methylene chloride (MC), chemical abstracts service registry no. 75-09-2, in all industries covered by the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(2) These rules replace all references to methylene chloride contained in table G-2 in General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry.

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules.

(a) 29 CFR 1910.1052 “Methylene Chloride,” effective May 14, 2019.

(b) 29 CFR 1926.1152 “Methylene Chloride,” effective January 10, 1997.

(4) All of the following provisions apply with respect to the regulations adopted in subrule (1) of these rules:

(a) A reference to 29 CFR 1910.120, “Hazardous waste operations and emergency response,” means General Industry and Construction Safety Standard Part 432.

“Hazardous Waste Operations and Emergency Response.”

(b) A reference to 29 CFR 1910.133, “Eye and face protection,” means General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” and Construction Safety and Health Standard Part 6. “Personal Protective Equipment.” as referenced in R 325.51653.

(c) A reference to 29 CFR 1910.1200 and 29 CFR 1926.59 “Hazard Communication,” means Occupational Health Standard Part 430. “Hazard Communication,” General Industry Safety Standard Part 92. “Hazard Communication,” and Construction Safety Standard Part 42. “Hazard Communication.”

(d) A reference to 29 CFR 1910.1020 “Access to employee exposure and medical records,” means General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets.”

(5) The provisions of 29 CFR 1910.1052 and 29 CFR 1926.1152 have the same force and effect as rules promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(6) The standards adopted in subrule (1) of this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(7) The standards adopted in subrule (1) of this rule are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(8) The standards adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(9) Appendices A, B, and C, to these rules are informational only and are not intended to create any additional obligations or requirements not otherwise imposed or to detract from any established obligations or requirements.

(10) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909- 8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(d) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(e) General Industry Safety Standard Part 92. “Hazard Communication,”

R 408.19201 to R 408.19204.

(f) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(g) General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(h) General Industry and Construction Safety Standard Part 432. “Hazardous Waste Operations and Emergency Response,” R 325.52101 to R 325.52137.

(i) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 1998 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.51652 Rescinded {#sec-r-325.51652 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51652}

History

• History: 1998 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.51653 Rescinded {#sec-r-325.51653 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51653}

History

• History: 2013 AACS; 2021 MR 6, Eff. Mar 31, 2021.

R 325.51851 to R 325.51886 Part 309. Cadmium in General Industy

Mich. Admin. Code R 325.51851 Scope, adoption, and availability of standards {#sec-r-325.51851 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51851}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 309. CADMIUM IN GENERAL INDUSTRY

Rule 1. (1) These rules apply to all occupational exposures to cadmium and cadmium compounds, in all forms, and in all industries covered by the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, except the construction-related industries, which are covered under Construction Safety and Health Standard Part 609. “Cadmium in Construction.”

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1027 “Cadmium,” as amended February 18, 2020.

(b) 29 CFR 1910.1027, appendix A “Substance Safety Data Sheet - Cadmium,” as amended April 23, 1993.

(c) 29 CFR 1910.1027, appendix B “Substances Technical Guidelines for Cadmium,” as amended September 14, 1992.

(d) 29 CFR 1910.1027, appendix D “Occupational Health History Interview With Reference to Cadmium Exposure,” as amended May 14, 2019.

(e) 29 CFR 1910.1027, appendix E “Cadmium in Workplace Atmospheres,” as amended April 23, 1993.

(f) 29 CFR 1910.1027, appendix F “Nonmandatory Protocol for Biological Monitoring,” as amended February 13, 1996.

(3) A reference to 29 CFR 1910.133 “Eye and face protection,” means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(4) A reference to 29 CFR 1910.141 “Sanitation,” means General Industry Safety and Health Standard Part 474. “Sanitation.”

(5) A reference to 29 CFR 1910.1020 “Access to employee exposure and medical records,” means General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets.”

(6) A reference to 29 CFR 1910.1200 “Hazard Communication,” means Occupational Health Standard Part 430. “Hazard Communication.”

(7) A reference to 29 CFR 1910.134 “Respiratory Protection,” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(b) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(c) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(d) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(e) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(f) Construction Safety and Health Standard Part 609. “Cadmium in Construction,”

R 325.60901 to R 325.60901.

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

Mich. Admin. Code R 325.51851a Rescinded {#sec-r-325.51851a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51851a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51852 Rescinded {#sec-r-325.51852 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51852}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51853 Rescinded {#sec-r-325.51853 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51853}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51854 Rescinded {#sec-r-325.51854 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51854}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51855 Rescinded {#sec-r-325.51855 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51855}

History

• History: 1993 AACS; 1998 AACS; 2018 AACS.

Mich. Admin. Code R 325.51856 Rescinded {#sec-r-325.51856 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51856}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51857 Rescinded {#sec-r-325.51857 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51857}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51858 Rescinded {#sec-r-325.51858 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51858}

History

• History: 1993 AACS; 1998 AACS; 2018 AACS.

Mich. Admin. Code R 325.51859 Rescinded {#sec-r-325.51859 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51859}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51860 Rescinded {#sec-r-325.51860 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51860}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51861 Rescinded {#sec-r-325.51861 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51861}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51862 Rescinded {#sec-r-325.51862 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51862}

History

• History: 1993 AACS; 1999 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51863 Rescinded {#sec-r-325.51863 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51863}

History

• History: 1993 AACS; 1998-2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51864 Rescinded {#sec-r-325.51864 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51864}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51865 Rescinded {#sec-r-325.51865 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51865}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51866 Rescinded {#sec-r-325.51866 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51866}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51867 Rescinded {#sec-r-325.51867 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51867}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51868 Rescinded {#sec-r-325.51868 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51868}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51869 Rescinded {#sec-r-325.51869 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51869}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51870 Rescinded {#sec-r-325.51870 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51870}

History

• History: 1993 AACS; 1998 AACS; 2018 AACS.

Mich. Admin. Code R 325.51871 Rescinded {#sec-r-325.51871 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51871}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51872 Rescinded {#sec-r-325.51872 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51872}

History

• History: 1993 AACS; 1998 AACS; 2018 AACS.

Mich. Admin. Code R 325.51873 Rescinded {#sec-r-325.51873 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51873}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51874 Rescinded {#sec-r-325.51874 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51874}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51875 Rescinded {#sec-r-325.51875 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51875}

History

• History: 1993 AACS; 1998 AACS; 2018 AACS.

Mich. Admin. Code R 325.51876 Rescinded {#sec-r-325.51876 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51876}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51877 Rescinded {#sec-r-325.51877 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51877}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51878 Rescinded {#sec-r-325.51878 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51878}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51878a Rescinded {#sec-r-325.51878a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51878a}

History

• History: 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51879 Rescinded {#sec-r-325.51879 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51879}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51880 Rescinded {#sec-r-325.51880 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51880}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51881 Rescinded {#sec-r-325.51881 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51881}

History

• History: 1993 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51882 Rescinded {#sec-r-325.51882 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51882}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51883 Rescinded {#sec-r-325.51883 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51883}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 325.51884 Rescinded {#sec-r-325.51884 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51884}

History

• History: 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.51885 Rescinded {#sec-r-325.51885 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51885}

History

• History: 1993 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 325.51886 Rescinded {#sec-r-325.51886 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51886}

History

• History: 1993 AACS; 1998 AACS; 2013 AACS.

R 325.51901 to R 325.51958 Part 310 Lead in General Industry

Mich. Admin. Code R 325.51901 Scope, application, adoption, and availability of standards {#sec-r-325.51901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51901}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 310. LEAD IN GENERAL INDUSTRY

Rule 1. (1) These rules apply to all occupational exposures to lead, except that they do not apply to construction work or to agricultural operations.

(2) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.1025 “Lead,” as amended February 18, 2020, are adopted by reference in these rules, except for the following:

(a) Section 1910.1025(j)(2)(i)(A) to (C) has been replaced with R 325.51933.

(b) Section 1910.1025(j)(2)(iv)(A) to (B) has been replaced with R 325.51936.

(c) Section 1910.1025(j)(3)(i)(A) to (D) has been replaced with R 325.51937.

(d) Section 1910.1025(j)(3)(ii)(A) to (F) has been replaced with R 325.51938.

(e) Section 1910.1025(k)(1)(i)(A) to (B) has been replaced with R 325.51943.

(f) Section 1910.1025(k)(1)(iii)(A) to (B) has been replaced with R 325.51945.

(3) A reference to 29 CFR 1910.133 means both of the following:

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(4) A reference to 29 CFR 1910.1200 means General Industry Safety Standard Part 92. “Hazard Communication.”

(5) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(6) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(7) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(c) General Industry Safety Standard Part 92. “Hazard Communication,”

R 408.19201 to R 408.19204.

(d) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(e) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2018 AACS; 2021 MR 7, Eff. Apr. 13, 2021.

Mich. Admin. Code R 325.51902 Rescinded {#sec-r-325.51902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51902}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51902a Rescinded {#sec-r-325.51902a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51902a}

History 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51903 Rescinded {#sec-r-325.51903 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51903}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51904 Rescinded {#sec-r-325.51904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51904}

History

• History: 1981 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51905 Rescinded {#sec-r-325.51905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51905}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51906 Rescinded {#sec-r-325.51906 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51906}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51907 Rescinded {#sec-r-325.51907 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51907}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51908 Rescinded {#sec-r-325.51908 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51908}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51909 Rescinded {#sec-r-325.51909 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51909}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51910 Rescinded {#sec-r-325.51910 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51910}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51911 Rescinded {#sec-r-325.51911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51911}

History

• History: 1981 AACS; 2018 AACS.

Mich. Admin. Code R 325.51912 Rescinded {#sec-r-325.51912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51912}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51913 Rescinded {#sec-r-325.51913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51913}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51914 Rescinded {#sec-r-325.51914 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51914}

History

• History: 1981 AACS; 1984 AACS; 1987 AACS; 1998 AACS; 2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51915 Rescinded {#sec-r-325.51915 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51915}

History

• History: 1981 AACS; 1984 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51916 Rescinded {#sec-r-325.51916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51916}

History

• History: 1981 AACS; 1984 AACS; 1998 AACS.

Mich. Admin. Code R 325.51916a Rescinded {#sec-r-325.51916a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51916a}

History

• History: 1984 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51916b Rescinded {#sec-r-325.51916b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51916b}

History

• History: 1984 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51917 Rescinded {#sec-r-325.51917 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51917}

History

• History: 1981 AACS; 1988 AACS; 1990 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51918 Rescinded {#sec-r-325.51918 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51918}

History

• History: 1981 AACS; 1988 AACS; 1990 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51919 Rescinded {#sec-r-325.51919 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51919}

History

• History: 1981 AACS; 1988 AACS; 1998-2000 AACS.

Mich. Admin. Code R 325.51920 Rescinded {#sec-r-325.51920 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51920}

History

• History: 1981 AACS; 1987 AACS; 1988 AACS; 1998-2000 AACS.

Mich. Admin. Code R 325.51921 Rescinded {#sec-r-325.51921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51921}

History

• History: 1981 AACS; 2000 AACS; 2015 AACS.

Mich. Admin. Code R 325.51922 Rescinded {#sec-r-325.51922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51922}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51923 Rescinded {#sec-r-325.51923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51923}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51924 Rescinded {#sec-r-325.51924 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51924}

History

• History: 1981 AACS; 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51924a Rescinded {#sec-r-325.51924a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51924a}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51925 Rescinded {#sec-r-325.51925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51925}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51926 Rescinded {#sec-r-325.51926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51926}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51927 Rescinded {#sec-r-325.51927 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51927}

History

• History: 1981 AACS; 1984 AACS.

Mich. Admin. Code R 325.51928 Rescinded {#sec-r-325.51928 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51928}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51929 Rescinded {#sec-r-325.51929 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51929}

History

• History: 1981 AACS; 1984 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51930 Rescinded {#sec-r-325.51930 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51930}

History

• History: 1981 AACS; 1984 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51931 Rescinded {#sec-r-325.51931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51931}

History

• History: 1981 AACS; 1984 AACS; 1987 AACS; 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51931a Rescinded {#sec-r-325.51931a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51931a}

History

• History: 1984 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51932 Rescinded {#sec-r-325.51932 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51932}

R 325.51933. Biological monitoring.

Rule 33. An employer shall make available biological monitoring in the form of blood sampling and analysis for lead levels to each employee who or may be exposed to concentrations of lead greater than the action level for more than 30 days a year in accordance with the following schedule:

(a) At least once every 6 months for each employee.

(b) At least once every 2 months for each employee whose blood sample and analysis indicated a blood lead level at or above 15 micrograms (μg) per deciliter (dL).

The 2-month frequency shall continue until 2 consecutive blood samples and analyses indicate a blood level below 15 μg/dL of whole blood.

(c) At least monthly during the period of time an employee is removed from exposure to lead due to an elevated blood lead level.

History

• History: 1984 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.
• History: 1981 AACS; 1984 AACS; 1988 AACS; 2015 AACS: 2018 AACS.

Mich. Admin. Code R 325.51934 Rescinded {#sec-r-325.51934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51934}

History

• History: 1981 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51935 Rescinded {#sec-r-325.51935 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51935}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51936 Employee notifications {#sec-r-325.51936 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51936}

Rule 36. Within 5 working days after the receipt of biological monitoring results, an employer shall notify each employee, in writing, whose blood lead level is at or above 15 μg/dL of whole blood of both of the following:

(a) The employee’s blood lead level.

(b) That these rules require temporary medical removal with Medical Removal Protection benefits when an employee’s blood lead level is at or above the numerical criterion for medical removal pursuant to R 325.51943.

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51937 Medical examinations and consultations {#sec-r-325.51937 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51937}

Rule 37. An employer shall make available medical examinations and consultations to each employee who is or may be exposed to concentrations of lead greater than the action level for more than 30 days a year according to the following schedule:

(a) At least annually for each employee for whom a blood sampling test conducted at any time during the previous 12 months indicated a blood lead level at or above 15 μg/dL of whole blood.

(b) Prior to an employee’s being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level.

(c) As soon as possible after notification by an employee that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee’s ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing either during a respirator fitting test or during use of a respirator.

(d) As medically appropriate for an employee who is either removed from exposure to lead due to a risk of sustaining material impairment to health or who is otherwise limited pursuant to a final medical determination.

R 325.51938. Content.

Rule 38. (1) A medical examination made available pursuant to R 325.51937(a) and (b) shall include all of the following elements:

(a) A detailed work history and a medical history, with particular attention to past occupational and non-occupational lead exposure in all of the following:

(i) Personal habits, such as smoking and hygiene.

(ii) Past gastrointestinal.

(iii) Personal hematological.

(iv) Renal.

(v) Cardiovascular.

(vi) Reproductive.

(vii) Neurological problems.

(b) A thorough physical examination, with particular attention to all of the following:

(i) Teeth.

(ii) Gums.

(iii) Hematological status.

(iv) Gastrointestinal status.

(v) Renal status.

(vi) Cardiovascular status.

(vii) Neurological status.

(viii) Pulmonary status shall be evaluated if respiratory protection is to be used.

(c) A blood pressure measurement.

(d) A blood sample and an analysis which determines all of the following:

(i) Blood lead level.

(ii) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral and smear morphology.

(iii) Blood urea nitrogen.

(iv) Serum creatinine.

(e) A routine urinalysis with microscopic examination.

(f) A laboratory or other test which an examining physician deems necessary by sound medical practice.

(2) The contents of a medical examination made available pursuant to R 325.51937(c) and (d) shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility, as the case may be.

History

• History: 1981 AACS; 2015 AACS; 2018 AACS; 2021 MR 7, Eff. Apr. 13, 2021.
• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51938a Rescinded {#sec-r-325.51938a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51938a}

History

• History: 1984 AACS; 1988 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51939 Rescinded {#sec-r-325.51939 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51939}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51940 Rescinded {#sec-r-325.51940 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51940}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51941 Rescinded {#sec-r-325.51941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51941}

History

• History: 1981 AACS; 1984 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51942 Rescinded {#sec-r-325.51942 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51942}

History

• History: 1981 AACS; 2018 AACS.

Mich. Admin. Code R 325.51943 Temporary medical removal due to elevated blood lead levels {#sec-r-325.51943 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51943}

Rule 43. (1) An employer shall remove an employee from work who has an exposure to lead at or above the action level on each occasion that a periodic blood sampling test and a follow-up blood sampling test conducted under these rules indicate that the employee’s blood lead level is at or above 30 μg/dL of whole blood.

(2) An employer shall remove an employee from work if the employee has an exposure to lead at or above the action level on each occasion that the average of the last 3 blood sampling tests conducted under these rules, or the average of all blood sampling tests conducted over the previous 6 months, whichever is longer, indicates that the employee‘s blood lead level is at or above 20 μg/dL of whole blood. However, an employee shall not be removed if the last blood sampling test indicates a blood lead level below 15 μg/dL of whole blood.

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51944 Rescinded {#sec-r-325.51944 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51944}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51945 Return of employee to former job status {#sec-r-325.51945 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51945}

Rule 45. (1) An employer shall return an employee to his or her former job status under any of the following circumstances:

(a) For an employee removed due to a blood lead level at or above 30 μg/dL of whole blood or due to an average blood lead level at or above 20 μg/dL of blood, when 2 consecutive blood sampling tests indicate that the employee’s blood lead level is below 15 μg/dL of whole blood.

(b) For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination or opinion that the employee no longer has a detected medical condition which places the employee at an increased risk of material impairment to health from exposure to lead.

(2) For purposes of this rule, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51946 Rescinded {#sec-r-325.51946 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51946}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51947 Rescinded {#sec-r-325.51947 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51947}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51948 Rescinded {#sec-r-325.51948 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51948}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51949 Rescinded {#sec-r-325.51949 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51949}

History

• History: 1981 AACS; 1987 AACS; 1998-2000 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51950 Rescinded {#sec-r-325.51950 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51950}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51950a Rescinded {#sec-r-325.51950a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51950a}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51950b Rescinded {#sec-r-325.51950b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51950b}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51951 Rescinded {#sec-r-325.51951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51951}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51952 Rescinded {#sec-r-325.51952 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51952}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51953 Rescinded {#sec-r-325.51953 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51953}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51954 Rescinded {#sec-r-325.51954 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51954}

History

• History: 1981 AACS; 2018 AACS.

Mich. Admin. Code R 325.51955 Rescinded {#sec-r-325.51955 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51955}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51956 Rescinded {#sec-r-325.51956 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51956}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51957 Rescinded {#sec-r-325.51957 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51957}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.51958 Rescinded {#sec-r-325.51958 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51958}

History

• History: 1981 AACS; 2015 AACS; 2018 AACS.

R 325.51983 to R 325.51993 Part 603. Lead Exposure in Construction

Mich. Admin. Code R 325.51983 Scope, application, adoption, and availability of standards {#sec-r-325.51983 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51983}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 603. LEAD EXPOSURE IN CONSTRUCTION

Rule 83. (1) These rules apply to all construction work as defined by the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094. Construction work includes all of the following:

(a) Demolition or salvage of structures where lead or materials containing lead are present.

(b) Removal or encapsulation of materials containing lead.

(c) New construction, alteration, repair, painting, decorating, or renovation of structures, substrates, or portions thereof that contain lead or materials containing lead.

(d) Installation of products containing lead.

(e) Lead contamination or emergency cleanup.

(f) Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed.

(g) Maintenance operations associated with the construction activities described in this rule.

(2) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1926.62, “Lead,” as amended on February 18, 2020, is adopted by reference in these rules.

(3) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The following provisions of the OSHA regulation adopted in these rules are not adopted by reference:

(a) 1926.62(d)(2)(v) is replaced by R 325.51986.

(b) 1926.62(j)(1) is replaced by R 325.51987.

(c) 1926.62(j)(2)(i) is replaced by R 325.51988.

(d) 1926.62(j)(2)(iv) is replaced by R 325.51989.

(e) 1926.62(j)(3)(i) is replaced by R 325.51990.

(f) 1926.62(j)(3)(ii) is replaced by R 325.51991.

(g) 1926.62(k)(1)(i) is replaced by R 325.51992.

(h) 1926.62(k)(1)(iii) is replaced by R 325.51993.

(5) A reference to 1926.51 “Sanitation,” means Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(6) A reference to 1910.133 “Eye and face protection,” means Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(7) A reference to 1910.134 “Respiratory Protection,” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(8) A reference to 1910.1020 “Access to employee exposure and medical records,” means General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(9) A reference to 1910.1025 “Lead,” means General Industry Safety and Health Standard Part 310. “Lead in General Industry,” R 325.51901 to 325.51958.

(10) A reference to 1910.1200 “Hazard Communication,” means Construction Safety and Health Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(11) The OSHA regulation adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulation adopted in these rules is available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulation adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(c) Construction Safety and Health Standard Part 42. “Hazard Communication,”

R 408.44201 to R 408.44204.

(d) General Industry Safety and Health Standard Part 310. “Lead in General Industry,” R 325.51901 to R 325.51958.

(e) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(f) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 325.51984 Rescinded {#sec-r-325.51984 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51984}

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 325.51985 Rescinded {#sec-r-325.51985 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51985}

History

• History: 2018 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 325.51986 Interim protection {#sec-r-325.51986 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51986}

Rule 86. (1) This rule replaces OSHA 1926.62(d)(2)(v).

(2) Until the employer performs an employee exposure assessment as required under 1926.62(d) and determines actual employee exposure, the employer shall provide to employees performing the tasks described in 1926.62(d)(2)(i), (ii), (iii) and (iv) with interim protection as follows:

(a) Appropriate respiratory protection in accordance with 1926.62(f).

(b) Appropriate personal protective clothing and equipment in accordance with 1926.62(g).

(c) Change areas in accordance with 1926.62(i)(2).

(d) Hand washing facilities in accordance with 1926.62(i)(5).

(e) Biological monitoring in accordance with R 325.51987(2) of these rules, to consist of blood sampling and analysis for lead levels.

(f) Training as required by the following:

(i) Under 1926.62(l)(1)(i) regarding “Hazard Communication.”

(ii) Under 1926.62(l)(2)(iii) regarding use of respirators.

(iii) Training in accordance with Construction Safety and Health Standard Part 1 “General Rules,” as referenced in R 325.51985.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.51987 Medical surveillance, general {#sec-r-325.51987 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51987}

Rule 87. (1) This rule replaces OSHA 1926.62(j)(1).

(2) An employer shall make available initial medical surveillance to employees occupationally exposed on any day to lead at or above the action level. Initial medical surveillance consists of biological monitoring in the form of blood sampling and analysis for lead levels.

(3) An employer shall institute a medical surveillance program in accordance with R 325.51988, 1926.62(j)(2), R 325.51989, R 325.51990, R 325.51991, and 1926.62(j)(3) for all employees who are or may be exposed by the employer at or above the action level for more than 30 days in any consecutive 12 months.

(4) An employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.

(5) An employer shall make available the required medical surveillance including multiple physician review under 1926.62(j)(3)(iii) without cost to employees and at a reasonable time and place.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.51988 Blood lead level sampling and analysis {#sec-r-325.51988 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51988}

Rule 88. (1) This rule replaces OSHA 1926.62(j)(2)(i).

(2) An employer shall make available biological monitoring in the form of blood sampling and analysis for lead levels to each employee covered under R 325.51987 (2) and (3) of these rules on the following schedule:

(a) For each employee covered under R 325.51987(3) of these rules, at least every 2 months for the first 6 months and every 6 months thereafter.

(b) For each employee covered under R 325.51987 (2) or (3) of these rules whose last blood sampling and analysis indicated a blood lead level at or above 15 μg/dL, at least every 2 months. This frequency shall continue until 2 consecutive blood samples and analyses indicate a blood lead level below 15 μg/dL.

(c) For each employee who is removed from exposure to lead due to an elevated blood lead level at least monthly during the removal period.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.51989 Employee notification {#sec-r-325.51989 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51989}

Rule 89. (1) This rule replaces OSHA 1926.62(j)(2)(iv).

(2) Within 5 working days after the receipt of biological monitoring results, the employer shall notify each employee in writing of his or her blood lead level.

(3) An employer shall notify each employee whose blood lead level is at or above 15 μg/dL that these rules require temporary medical removal with Medical Removal Protection benefits when an employee's blood lead level is at or above the numerical criterion for medical removal under R 325.51992 of these rules.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.51990 Medical examinations and consultations, frequency {#sec-r-325.51990 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51990}

Rule 90. (1) This rule replaces OSHA 1926.62(j)(3)(i).

(2) An employer shall make available medical examinations and consultations to each employee covered under R 325.51987(3) of these rules on the following schedule:

(a) At least annually for each employee for whom a blood lead sampling test conducted at any time during the preceding 12 months indicated a blood lead level at or above 15 μg/dL.

(b) As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, that the employee is pregnant, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use.

(c) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.51991 Content of medical examinations {#sec-r-325.51991 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51991}

Rule 91. (1) This rule replaces OSHA 1926.62(j)(3)(ii).

(2) The content of medical examinations made available pursuant to R 325.51990(2)

(b) and (c) of these rules shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.

(3) Medical examinations made available pursuant to R 325.51990(2)(a) of these rules include all of the following elements:

(a) A detailed work history and a medical history, with particular attention to past occupational and non-occupational lead exposure in all of the following:

(i) Personal habits, such as smoking and hygiene.

(ii) Past gastrointestinal.

(iii) Hematologic.

(iv) Renal.

(v) Cardiovascular.

(vi) Reproductive.

(vii) Neurological problems.

(b) A thorough physical examination, with particular attention to all of the following:

(i) Teeth.

(ii) Gums.

(iii) Hematologic.

(iv) Gastrointestinal.

(v) Renal.

(vi) Cardiovascular.

(vii) Neurological systems.

(viii) Pulmonary status should be evaluated if respiratory protection will be used.

(c) A blood pressure measurement.

(d) A blood sample and an analysis which determines all of the following:

(i) Blood lead level.

(ii) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology.

(iii) Blood urea nitrogen.

(iv) Serum creatinine.

(e) A routine urinalysis with microscopic examination.

(f) Any laboratory or other test relevant to lead exposure which the examining physician deems necessary by sound medical practice.

History

• History: 1993 AACS; 2014 AACS; 2018 AACS

Mich. Admin. Code R 325.51992 Temporary removal due to elevated blood lead level {#sec-r-325.51992 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51992}

Rule 92. (1) This rule replaces OSHA 1926.62(k)(1)(i).

(2) An employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to these rules indicate that the employee's blood lead level is at or above 30 μg/dL.

History

• History: 1993 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.51993 Return of employee to former job status {#sec-r-325.51993 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51993}

Rule 93. (1) This rule replaces OSHA 1926.62(k)(1)(iii).

(2) An employer shall return an employee to his or her former job status under either of the following circumstances:

(a) For an employee removed due to a blood lead level at or above 30 μg/dL when 2 consecutive blood sampling tests indicate that the employee's blood lead level is below 15 μg/dL.

(b) For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

(3) For the purposes of this rule, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

History

• History: 2014 AACS; 2018 AACS.

R 325.51995 to R 325.51997 Part 604. Chromium (VI) in Construction

Mich. Admin. Code R 325.51995 Scope, adoption, and availability of standards {#sec-r-325.51995 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51995}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 604. CHROMIUM (VI) IN CONSTRUCTION

Rule 1. (1) This standard applies to all occupational exposures to chromium (VI) in all forms and compounds in construction, except for any of the following:

(a) Exposures that occur in the application of pesticides regulated by the Environmental Protection Agency or another federal or state government agency, such as the treatment of wood with preservatives.

(b) Exposures to portland cement.

(c) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 μg/m as an 8hour time-weighted average (TWA) under any expected conditions of use.

(2) This standard does not apply to general industry work as defined by the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

Exposure to chromium (VI) in general industry work is covered by Occupational Health Standard Part 315. “Chromium (VI) in General Industry,” R 325.50141 to 325.50143.

(3) The federal Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1926.1126 “Chromium (VI),” amended May 14, 2019, is adopted by reference in these rules. As used in these rules:

(a) "Assistant secretary," means the director of the department of labor and economic opportunity or his or her designated representative.

(b) "1910.134” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(c) "1910.1200," means Occupational Health Standard Part 430. “Hazard Communication.”

(d) "1910.1020," means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(4) The federal regulation adopted in this rule has the same force and effect as a rule promulgated pursuant to the provisions of the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(5) The OSHA standard 29 CFR 1926.1126 “Chromium (VI),” amended May 14, 2019, is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(6) The standard adopted in these rules is available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(7) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(8) The following Michigan occupational safety and health administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143; or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 315. “Chromium (VI) in General Industry,” R 325.50141 to R 325.50143.

(b) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(c) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 and R 325.60052.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

History

• History: 2006 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 325.51996 Rescinded {#sec-r-325.51996 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51996}

History

• History: 2006 AACS; 2010 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 325.51997 Rescinded {#sec-r-325.51997 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.51997}

History

• History: 2006 AACS; 2010 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

R 325.52001 to R 325.52012 Part 520. Ventilation Control

Mich. Admin. Code R 325.52001 Scope {#sec-r-325.52001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030.)

PART 520. VENTILATION CONTROL

Rule 1. These rules apply to all processes and places of employment.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52002 Reference of standards {#sec-r-325.52002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52002}

Rule 2. The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at web-site: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 301 “Air Contaminants for General Industry,”

R 325.51101 to R 325.51108.

(b) Occupational Health Standard Part 526 “Dipping and Coating Operations,”

R 325.52601 to R 325.52602.

(c) General Industry Safety Standard Part 76 “Spray Finishing Using Flammable and Combustible Materials,” R 408.17601 to R 408.17699.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52003 Definitions {#sec-r-325.52003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52003}

Rule 3. (1) "Aerosol" means particulate matter suspended in air.

(2) "Contaminant" means an airborne material capable of causing occupational disease or significant physiological disturbances to a person, and includes, but is not limited to, the substances listed in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.52002.

(3) "Control" means the limitation of worker exposure to contaminant levels not exceeding the exposure limits as set forth in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.52002.

(4) "Controlled process" means an arrangement of equipment to control the contaminant by means of suitable design measures.

(5) "Enclosure" means a room, booth, or exhaust hood that confines contaminants at their sources.

(6) "Gas" means a normally formless fluid that occupies a space or enclosure and that can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature, or both.

(7) "General ventilation" means the supply and removal of air from a space to dilute or remove contaminants.

(8) "Local exhaust ventilation system" means an arrangement of exhaust hoods, ducts, and fans that removes air to control a contaminant at its source.

(9) "Mg/m " means milligrams of particulate per cubic meter of air.

(10) "Mppcf" means millions of particulates per cubic foot of air based on impinger samples counted by light field microscopic techniques.

(11) "Ppm" means parts of vapor or gas per million parts of air by volume at 25 degrees Celsius and 760 millimeters of mercury pressure.

(12) "Permissible exposure limits" means the exposure limits as set forth in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.52002.

(13) "Process space" means a tunnel, process equipment, shaft, or enclosed space.

(14) "Source" means a process or equipment that releases a contaminant into the air in concentrations exceeding the permissible exposure limits.

(15) "Supply ventilation system" means an arrangement of inlet openings or equipment to introduce outside air into the working environment.

(16) "Vapor" means the gaseous state of a substance.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52004 Control methods for enclosures and controlled processes {#sec-r-325.52004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52004}

Rule 4. (1) An employer shall ensure that an enclosure is provided at a stationary source unless the omission of the enclosure does not impair control.

(2) A controlled process shall be designed and regulated to prevent the creation of a hazard to health or life. If the director determines that there may be an immediate danger to health or life due to the failure of the process design or regulatory device, then he or she may require that the process fail-safe in such manner to avert the hazard.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.52005 Supply ventilation systems {#sec-r-325.52005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52005}

Rule 5. (1) An employer shall provide a supply ventilation system to ensure a flow of air into the working environment to equally replace the volume of air exhausted.

(2) An employer shall provide a mechanical air supply system if its absence will result in building negative pressures sufficient to cause back-drafting of vents from fuelfired equipment or ineffective control.

(3) Mechanical air supply volumes shall be heated to maintain a minimum air temperature of 65 degrees Fahrenheit measured at the point of air discharge to the space.

Exceptions to this requirement are refrigerated storage rooms, special process rooms, and similar locations where low air temperatures are essential to the preservation of the product or service, or, if in the opinion of the director, a lower air temperature will not be harmful to the health of the persons affected.

(4) Make-up air for spray-finishing operations shall be as prescribed in General Industry Safety Standard Part 76 “Spray Finishing Using Flammable and Combustible Materials,” as referenced in R 325.52002.

(5) Make-up air for open surface tanks shall be as prescribed in Occupational Health Standard Part 526 “Dipping and Coating Operations,” as referenced in R 325.52002.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52006 Direct-fired air heaters {#sec-r-325.52006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52006}

Rule 6. (1) A direct-fired air heater, wherein combustion products are released in the supply air stream, may be installed in buildings of industrial occupancy, garages, laundries, and commercial kitchens. They shall not be installed in offices, schools, hospitals, and places of public assembly.

(2) A direct-fired air heater shall have an inlet duct connected directly to the out-ofdoors. Room air shall not be circulated across the burner.

(3) A direct-fired air heater shall deliver air which contains not more than 10 ppm of carbon monoxide and is free from odors of combustion products. Permissible concentrations of other contaminants in the delivered air may be established by the director pursuant to their permissible exposure limits and the degree of exposure to a person.

(4) The air volume supplied to the building by a direct-fired air heater shall not exceed 110% of the total air volume exhausted. The director may require interlocking of a heater control system with an exhaust ventilation system if necessary to ensure that the exhaust systems are operating.

(5) A direct-fired air heater shall have both of the following:

(a) A pre-ignition purge of fresh air.

(b) A positive fuel supply closure in the event of fuel supply failure, ignition failure, flame failure, power failure or interruption, or air flow reduction below 50% of its rated capacity.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.52007 Exhaust ventilation systems {#sec-r-325.52007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52007}

Rule 7. The minimum rate of exhaust ventilation for places of manufacturing, processing, assembling, maintenance and repair, or storage of material shall be 1 cubic foot of air per minute per square foot of floor area. This amount of exhaust ventilation may be provided by local exhaust, general exhaust, or both. The director may permit a variance if contaminant control is accomplished at a lesser rate of ventilation.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.52008 Local exhaust ventilation {#sec-r-325.52008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52008}

Rule 8. (1) An employer shall provide local exhaust ventilation at all stationary sources. The director may allow a variance from this subrule if control is accomplished with general ventilation.

(2) If a local exhaust system is used, then the exhaust air volume shall create an indraft air volume at an enclosure, hood, duct, or fan sufficient to control the contaminant.

(3) A local exhaust system shall be designed to capture and control the contaminant.

Distribution of exhaust air between various exhaust points may be accomplished by balanced duct design. If balancing gates are used, they shall be locked permanently in place after final adjustment.

(4) An employer shall ensure that the design and construction of a local exhaust ventilation system is adequate for the contaminant and conditions of service. A listing of practical ventilation texts and references shall be available from the director upon request. Technical information and experience regarding specific contaminants and control measures may be obtained from the director.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52009 General ventilation systems {#sec-r-325.52009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52009}

Rule 9. A general ventilation system may be used for contaminant control. The ventilation air volume shall be sufficient to dilute the airborne contaminant to levels not exceeding the permissible exposure limits.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.52010 Exhaust system discharge locations {#sec-r-325.52010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52010}

Rule 10. The discharge locations of local exhaust or general exhaust systems shall not permit exhausted air to re-enter a workroom or other buildings directly, or indirectly, through air supply systems without substantial dilution.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.52011 Recirculation of air from exhaust systems {#sec-r-325.52011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52011}

Rule 11.(1) The recirculation of air containing a contaminant whose permissible exposure limit is equal to or exceeds 1000 ppm, 15 mg/m , or 50 mppcf, shall be permitted if the exhaust ventilation system is equipped with an air-cleaning device capable of reducing the contaminant concentrations to 10% or less of their permissible exposure limits in the returned air.

(2) The director may allow the recirculation of air containing a contaminant whose permissible exposure limit is less than 1000 ppm, 15 mg/m , or 50 mppcf, if the toxicity of the contaminant and the degree of air cleaning to be achieved create an environment that will not impair the health of the workers, and if the contaminant concentrations in the return air does not exceed 10% of its permissible exposure limits.

(3) A recirculation system shall include an alternate air duct connection to discharge the return air outside of the building if necessary to protect the workers' health.

(4) Spray-finishing operations using flammable and combustible materials shall be as prescribed in General Industry Safety Standard Part 76 “Spray Finishing Using Flammable and Combustible Materials,” as referenced in R 325.52002.

History

• History: 2005 AACS; 2016 AACS.

Mich. Admin. Code R 325.52012 Air pollution control {#sec-r-325.52012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52012}

Rule 12. A local exhaust and general exhaust ventilation system shall comply with rules adopted by the Michigan Department of Environmental Quality, R 336.1101 to R 336.1910.

History

• History: 2005 AACS.

R 325.52101 to R 325.52137 Part 432. Hazardous Waste Operations and Emergency Response

Mich. Admin. Code R 325.52101 Scope, application, adoption, and availability of standards {#sec-r-325.52101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, 2019- 3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 432. HAZARDOUS WASTE OPERATIONS AND EMERGENCY

RESPONSE

Rule 1. (1) These rules prescribe the requirements for safety and health programs, training, medical surveillance, control methods, sanitation, and personal protective equipment for employees who are involved in hazardous waste operations and response to chemical emergencies.

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.120, “Hazardous waste operations and emergency response,” as amended May 14, 2019.

(b) 29 CFR 1910.120, appendix A “Personal protective equipment test methods,” as in effect as of the effective date of these rules.

(c) 29 CFR 1910.120, appendix B “General description and discussion of the levels of protection and protective gear,” as amended May 14, 2019.

(d) 29 CFR 1910.120, appendix C “Compliance guidelines,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.120, appendix D “References,” as in effect as of the effective date of these rules.

(f) 29 CFR 1910.120, appendix E “Training Curriculum Guidelines,” as amended February 8, 2013.

(3) A reference to the “Threshold Limit Values and Biological Exposure Indices for 1987-88,” dated 1987, means “Threshold Limit Values and Biological Exposure Indices for 1990-1991,” 1990 edition. The ACGIH publication is available from the American Conference of Governmental Industrial Hygienist, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240-4148, or via the internet at the following website: www.acgih.org, at a cost, as of the time of adoption of these rules, of $25.00.

(4) A reference to 29 CFR 1910.1200, means Occupational Health Standard Part 430. “Hazard Communication.”

(5) A reference to 29 CFR part 1910, subpart G, means General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry.”

(6) A reference to 29 CFR part 1910, subpart Z, means General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry.”

(7) A reference to 29 CFR 1910.134, means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR part 1910, subpart I, means all of the following:

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(9) A reference to 29 CFR 1910. 38, 1910.156, 1910.165, and part 1910, subpart L, means all of the following:

(a) Construction Safety Standard Part 18. “Fire Protection and Prevention.”

(b) General Industry Safety and Health Standard Part 6. “Fire Exits.”

(c) General Industry Safety Standard Part 73. “Fire Brigades.”

(10) A reference to 29 CFR 1910.141, means General Industry Safety and Health Standard Part 474. “Sanitation.”

(11) A reference to 29 CFR 1910.1020, means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(12) A reference to 29 CFR part 1926, subpart P, means Construction Safety Standard Part 9. “Excavation, Trenching, And Shoring.”

(13) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(14) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(15) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(16) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(17) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 9. “Excavation, Trenching, And Shoring,”

R 408.40901 to R 408.40953.

(b) Construction Safety Standard Part 18. “Fire Protection and Prevention,”

R 408.41801 to R 408.41884.

(c) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(d) General Industry Safety Standard Part 73. “Fire Brigades,” R 408.17301 to R 408.17322.

(e) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.

(f) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(g) General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(h) General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(i) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(j) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(k) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(l) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(m) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 1991 AACS; 2018 AACS; 2021 MR 11, Eff. June 11, 2021.

Mich. Admin. Code R 325.52102 Rescinded {#sec-r-325.52102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52102}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52102a Rescinded {#sec-r-325.52102a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52102a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52103 Rescinded {#sec-r-325.52103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52103}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52104 Rescinded {#sec-r-325.52104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52104}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52105 Rescinded {#sec-r-325.52105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52105}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52106 Rescinded {#sec-r-325.52106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52106}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52107 Rescinded {#sec-r-325.52107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52107}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52108 Rescinded {#sec-r-325.52108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52108}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52109 Rescinded {#sec-r-325.52109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52109}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52110 Rescinded {#sec-r-325.52110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52110}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52111 Rescinded {#sec-r-325.52111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52111}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52112 Rescinded {#sec-r-325.52112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52112}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52113 Rescinded {#sec-r-325.52113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52113}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52114 Rescinded {#sec-r-325.52114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52114}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52115 Rescinded {#sec-r-325.52115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52115}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52116 Rescinded {#sec-r-325.52116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52116}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52117 Rescinded {#sec-r-325.52117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52117}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52118 Rescinded {#sec-r-325.52118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52118}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52119 Rescinded {#sec-r-325.52119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52119}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52120 Rescinded {#sec-r-325.52120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52120}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52121 Rescinded {#sec-r-325.52121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52121}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52122 Rescinded {#sec-r-325.52122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52122}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52123 Rescinded {#sec-r-325.52123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52123}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52124 Rescinded {#sec-r-325.52124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52124}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52125 Rescinded {#sec-r-325.52125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52125}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52126 Rescinded {#sec-r-325.52126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52126}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52127 Rescinded {#sec-r-325.52127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52127}

History

• History: 1991 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52128 Rescinded {#sec-r-325.52128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52128}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52129 Rescinded {#sec-r-325.52129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52129}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52130 Rescinded {#sec-r-325.52130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52130}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52131 Rescinded {#sec-r-325.52131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52131}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52132 Rescinded {#sec-r-325.52132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52132}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52133 Rescinded {#sec-r-325.52133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52133}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52134 Rescinded {#sec-r-325.52134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52134}

History

• History: 1991 AACS; 2018 AACS.

Mich. Admin. Code R 325.52135 Rescinded {#sec-r-325.52135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52135}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.52136 Rescinded {#sec-r-325.52136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52136}

History

• History: 1991 AACS; 2014 AACS.

Mich. Admin. Code R 325.52137 Rescinded {#sec-r-325.52137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52137}

History

• History: 1991 AACS; 1998-2000 AACS; 2014 AACS.

R 325.52501 to R 325.52506 Part 525. Grinding, Polishing, and Buffing Operations

Mich. Admin. Code R 325.52501 Scope {#sec-r-325.52501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52501}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of consumer and industry services by sections 14 and 24 of 1974 PA 154 and Executive Reorganization Orders Nos. 1996-1 and 1996-2, MCL 408.1014, 408.1024, 330.3101, and 445.2001)

PART 525. GRINDING, POLISHING, AND BUFFING OPERATIONS

Rule 1. (1) These rules prescribe the use of exhaust hood enclosures and systems in removing dust, dirt, fumes, and gases generated through the grinding, polishing, or buffing of ferrous and nonferrous metals.

(2) These rules replace OH rule 3215.

History

• History: 2003 AACS.

Mich. Admin. Code R 325.52502 Definitions {#sec-r-325.52502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52502}

Rule 2. (1) "Abrasive cutting-off wheels" means organic-bonded wheels, the thickness of which is not more than one forty-eighth of their diameter for those up to, and including, 20 inches in diameter, and not more than one-sixtieth of their diameter for those larger than 20 inches in diameter, used for operations such as cutting, cutting off, grooving, slotting, coping, and jointing. The wheels may be any of the following:

(a) "Solid" consisting of organic-bonded abrasive material throughout.

(b) "Steel centered" consisting of a steel disc with a rim of organic-bonded material molded around the periphery.

(c) "Inserted tooth" consisting of a steel disc with organic-bonded abrasive teeth or inserts mechanically secured around the periphery.

(2) "Belts" means all power-driven, flexible, coated bands used for grinding, polishing, or buffing purposes.

(3) "Branch pipe" means the part of an exhaust system piping that is connected directly to the hood or enclosure.

(4) "Cradle" means a movable fixture, upon which the part to be ground or polished is placed.

(5) "Disc wheels" means all power-driven rotatable discs faced with abrasive materials, artificial or natural, and used for grinding or polishing on the side of the assembled disc.

(6) "Entry loss" means the loss in static pressure caused by air flowing into a duct or hood. It is generally expressed in inches of water gauge.

(7) "Exhaust system" means a system consisting of branch pipes connected to hoods or enclosures, 1 or more header pipes, an exhaust fan, means for separating solid contaminants from the air flowing in the system, and a discharge stack to outside.

(8) "Grinding wheels" means all power-driven rotatable grinding or abrasive wheels, except disc wheels as defined in this standard, consisting of abrasive particles held together by artificial or natural bonds and used for peripheral grinding.

(9) "Header pipe (main pipe)" means a pipe into which 1 or more branch pipes enter and which connects such branch pipes to the remainder of the exhaust system.

(10) "Hoods and enclosures" means the partial or complete enclosure around the wheel or disc through which air enters an exhaust system during operation.

(11) "Horizontal double-spindle disc grinder" means a grinding machine carrying 2 power-driven, rotatable, coaxial, horizontal spindles upon the inside ends of which are mounted abrasive disc wheels used for grinding 2 surfaces simultaneously.

(12) "Horizontal single-spindle disc grinder" means a grinding machine carrying an abrasive disc wheel upon 1 or both ends of a power-driven, rotatable single horizontal spindle.

(13) "Polishing and buffing wheels" means all power-driven rotatable wheels composed all or in part of textile fabrics, wood, felt, leather, paper, and may be coated with abrasives on the periphery of the wheel for purposes of polishing, buffing, and light grinding.

(14) "Portable grinder" means any power-driven rotatable grinding, polishing, or buffing wheel mounted in such manner that it may be manually manipulated.

(15) "Scratch-brush wheels" means all power-driven rotatable wheels made from wire or bristles and used for scratch cleaning and brushing purposes.

(16) "Swing-frame grinder" means any power-driven rotatable grinding, polishing, or buffing wheel mounted in such a manner that the wheel with its supporting framework can be manipulated over stationary objects.

(17) "Velocity pressure (vp)" means the kinetic pressure in the direction of flow necessary to cause a fluid at rest to flow at a given velocity. It is generally expressed in inches of water gauge.

(18) "Vertical-spindle disc grinder" means a grinding machine having a vertical, rotatable power-driven spindle carrying a horizontal abrasive disc wheel.

History

• History: 2003 AACS.

Mich. Admin. Code R 325.52503 Application {#sec-r-325.52503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52503}

Rule 3. (1) An employer shall provide suitable hood or enclosures that are connected to exhaust systems for every establishment performing dry grinding, dry polishing, or buffing.

(2) Exhaust systems shall be operated continuously whenever operations are carried on, and shall be capable of preventing contaminants from entering the breathing zone of employees.

History

• History: 2003 AACS.

Mich. Admin. Code R 325.52504 Hood and branch pipe requirements {#sec-r-325.52504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52504}

Rule 4. (1) An employer shall ensure that hoods connected to exhaust systems be used, and hoods shall be designed, located, and placed so that dust or dirt particles shall fall or be projected into the hoods in the direction of the airflow. Wheels, discs, straps or belts shall not be operated in such manner and in such direction as to cause the dust and dirt particles to be thrown into the operator's breathing zone.

(2) Grinding wheels on floor stands, pedestals, benches, and special- purpose grinding machines and abrasive cutting-off wheels shall have not less than the minimum exhaust volumes specified in Table G-4 with a recommended minimum duct velocity of 4,500 feet per minute in the branch and 3,500 feet per minute in the main. The entry losses from all hoods, except the vertical-spindle disc grinder hood, shall equal 0.65 velocity pressure for a straight takeoff and 0.45 velocity pressure for a tapered takeoff. The entry loss for the vertical-spindle disc grinder hood is in Figure G- 1. If any wheel is wider than wheel diameters shown in Table G-4, then the exhaust volume shall be increased by the ratio of the new width to the width shown.

Example: If wheel width = 4 1/2 inches, then 4.5 ÷ 4 x 610 = 686 (rounded to 690).

Table G-4 (3) Scratch-brush wheels and all buffing and polishing wheels mounted on floor stands, pedestals, benches, or special-purpose machines shall have not less than the minimum exhaust volume specified in Table G-5.

Table G-5 Buffing and Polishing Wheels Wheel Diameter (inches)

Wheel Width (inches)

Minimum Exhaust Volume (feet /min. )

Grinding and Abrasive Cutting-off Wheels Wheel Diameter (inches)

Wheel Width (inches)

Minimum Exhaust Volume (feet /min. )

To 9 1 1/2 220 Over 9 to 16 2 390 Over 16 to 3 500 Over 19 to 4 610 Over 24 to 5 880 Over 30 to 6 1,200 To 9 2 300 Over 9 to 16 3 500 Over 16 to 4 610 Over 19 to 5 740 Over 24 to 6 1,040 Over 30 to 6 1,200 (4) Grinding wheels or discs for horizontal single-spindle disc grinders shall be hooded to collect the dust or dirt generated by the grinding operation and the hoods shall be connected to branch pipes having exhaust volumes as specified in Table G-6.

Table G-6 Horizontal Single-Spindle Disc Grinder Disc Diameter (inches)

Exhaust Volume (feet /min.)

Up to 12 220 Over 12 to 19 390 Over 19 to 30 610 Over 30 to 36 880 (5) Grinding wheels or discs for horizontal double-spindle disc grinders shall have a hood enclosing the grinding chamber. The hood shall be connected to 1 or more branch pipes having exhaust volumes as specified in Table G-7.

Table G-7 Horizontal Double-Spindle Disc Grinder Disc Diameter (inches)

Exhaust Volume (feet /min.)

Up to 19 610 Over 19 to 25 880 Over 25 to 30 1,200 Over 30 to 53 1,770 Over 53 to 72 6,280 (6) Grinding wheels or discs for vertical single-spindle disc grinders shall be encircled with hoods to remove the dust generated in the operation. The hoods shall be connected to 1 or more branch pipes having exhaust volumes as specified in Table G-8.

Table G-8 Vertical Spindle Disc Grinder Disc Diameter (inches)

One-half or more of disc covered Disc not covered Num ber Ex haust (ft. /m in)

Nu mber Exha ust (ft. /min )

Up to 2 780 Over 20 to 30 1,48 Over 30 to 53 1,7 3,53 Over 53 to 72 3,1 6,01 1Number of exhaust outlets around periphery of hood, or equal distribution provided by other means.

(7) Grinding and polishing belts shall be provided with hoods to remove dust and dirt generated in the operations and the hoods shall be connected to branch pipes having exhaust volumes as specified in Table G-9.

Table G-9 Grinding and Polishing Belts Belts Width (inches)

Exhaust Volume (feet /min.)

Up to 3 220 Over 3 to 5 300 Over 5 to 7 390 Over 7 to 9 500 Over 9 to 11 610 Over 11 to 13 740 (8) Cradles and swing-frame grinders. If cradles are used for handling the parts to be ground, polished, or buffed, requiring large partial enclosures to house the complete operation, then a minimum average air velocity of 150 feet per minute shall be maintained over the entire opening of the enclosure. Swing-frame grinders shall be exhausted in the same manner as provided for cradles. (See Fig. G-3).

(9) If the work is outside the hood, then air volumes shall be increased as shown in American Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4, exhaust hoods). ANSI Z9.2-1960 is adopted by reference in this rule. Printed copies of ANSI Z9.2-1960 are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112, telephone number 1-800-854-7179, website: www.global.ihs.com, at a cost as of the time of adoption of these rules of $27.00 or is available for inspection at the Michigan Department of Consumer and Industry Services, Standards Division, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909.

History

• History: 2003 AACS.

Mich. Admin. Code R 325.52505 Exhaust systems {#sec-r-325.52505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52505}

Rule 5. (1) An employer shall ensure that exhaust systems for grinding, polishing, and buffing operations be designed in compliance with American Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2- 1960.

(2) Exhaust systems for grinding, polishing, and buffing operations shall be tested as specified in American Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2?1960.

(3) All exhaust systems shall be provided with suitable dust collectors.

History

• History: 2003 AACS.

Mich. Admin. Code R 325.52506 Hood and enclosure design {#sec-r-325.52506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52506}

Rule 6. (1) It is the dual function of grinding and abrasive cutting-off wheel hoods to protect the operator from the hazards of bursting wheels and to provide a means for the removal of dust and dirt generated. All hoods shall be not less in structural strength than specified in the American National Standard Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-1970.

ANSI B7.1-1970 is adopted by reference in this rule. Printed copies of ANSI B7.1- 1970 are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112, telephone number 1-800-854-7179, website: www.global.ihs.com, at a cost as of the time of adoption of these rules of $45.00 or is available for inspection at the Michigan Department of Consumer and Industry Services, Standards Division, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909.

(2) Due to the variety of work and types of grinding machines employed, hoods shall adapt to the particular machine in question, and such hoods shall be located as close as possible to the operation.

(3) Exhaust hoods for floor stands, pedestals, and bench grinders shall be designed in accordance with Figure G-2. The adjustable tongue shown in the figure shall be kept in working order and shall be adjusted within one-fourth inch of the wheel periphery at all times.

(4) Swing-frame grinders shall be provided with exhaust booths as indicated in Figure G-3.

(5) Portable grinding operations, whenever the nature of the work permits, shall be conducted within a partial enclosure. The opening in the enclosure shall not be larger than is actually required in the operation and an average face air velocity of not less than 200 feet per minute shall be maintained.

(6) Hoods for polishing and buffing and scratch-brush wheels shall be constructed to conform as closely to Figure G-4 as the nature of the work will permit.

(7) Cradle grinding and polishing operations shall be performed with a partial enclosure similar to Figure G-5. The operator shall be positioned outside the working face of the opening of the enclosure. The face opening of the enclosure should not be greater in area than that required for the performance of the operation, and the average air velocity into the working face of the enclosure shall not be less than 150 feet per minute.

(8) Hoods for horizontal single-spindle disc grinders shall be constructed to conform as closely as possible to the hood shown in Figure G-6. There shall be a space between the back of the wheel and the hood, and a space around the periphery of the wheel of at least 1 inch to permit the suction to act around the wheel periphery.

The opening on the side of the disc shall not be larger than is required for the grinding operation, but shall not be less than twice the area of the branch outlet.

(9) Horizontal double-spindle disc grinders shall have a hood encircling the wheels and grinding chamber similar to that illustrated in Figure G-7. The openings for passing the work into the grinding chamber should be kept as small as possible, but shall not be less than twice the area of the branch outlets.

(10) Vertical-spindle disc grinders shall be encircled with a hood constructed so that the heavy dust is drawn off a surface of the disc and the lighter dust exhausted through a continuous slot at the top of the hood as shown in Figure G-1.

(11) Grinding and polishing belt hoods shall be constructed as close to the operation as possible. The hood should extend almost to the belt, and 1-inch openings should be provided on either side. Figure G-8 shows a typical hood for a belt operation.R 325.52506 Tables and Charts.

History

• History: 2003 AACS.

R 325.52601 to R 325.52602 Part 526. Dipping and Coating Operations

Mich. Admin. Code R 325.52601 Adoption of federal standards {#sec-r-325.52601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 526. DIPPING AND COATING OPERATIONS

Rule 1. (1) The following federal occupational safety and health administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.122 “Hazardous Materials – Table of contents,” effective March 23, 1999.

(b) 29 C.F.R. §1910.123 “Dipping and coating operations: Coverage and definitions,” effective March 26, 2012.

(c) 29 C.F.R. §1910.124 “General requirements for dipping and coating operations,” effective March 26, 2012.

(d) 29 C.F.R. §1910.125 “Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C),” effective March 26, 2012.

(e) 29 C.F.R. §1910.126 “Additional requirements for special dipping and coating operations,” effective March 26, 2012.

(2) As of the effective date of these rules, §1910.1200, referenced in 29 C.F.R. §1910.123(d) means Occupational Health Standard Part 430 “Hazard Communication,” as referenced in R 325.52602.

(3) As of the effective date of these rules, Subpart Z, referenced in 29 C.F.R. §1910.124(b)(2) means Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 325.52602.

(4) As of the effective date of these rules, §1910.146, referenced in 29 C.F.R. §1910.124(e), means Occupational Health Standard Part 490 “Permit-Required Confined Spaces,” as referenced in R 325.52602.

(5) As of the effective date of these rules, §1910.141(d), referenced in 29 C.F.R. §1910.124(g)(3), mean Occupational Health Standard Part 474 “Sanitation,” as referenced in R 325.52602.

(6) As of the effective date of these rules, §1910.134, referenced in 29 C.F.R. §1910.124(j)(4) means Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 325.52602.

(7) As of the effective date of these rules, Subpart S, referenced in 29 C.F.R. §1910.125(e)(1)(i) means both of the following:

(a) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 325.52602.

(b) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 325.52602.

(8) As of the effective date of these rules, §1910.157, referenced in 29 C.F.R. §1910.125(f)(2)(i) means General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” as referenced in R 325.52602.

(9) As of the effective date of these rules, Subpart L, referenced in 29 C.F.R. §1910.126(g)(7)(ii) means all of the following:

(a) General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” as referenced in R 325.52602.

(b) General Industry Safety Standard Part 9 “Fixed Fire Equipment,” as referenced in R 325.52602.

(c) General Industry Safety Standard Part 73 “Fire Brigades,” as referenced in R 325.52602.

(10) As of the effective date of these rules, National Fire Protection Association NFPA 86A “Standard for Ovens and Furnaces,” 1969 edition, as referenced in R 325.52602, is adopted by reference in 29 C.F.R. §1910.125.

(11) As of the effective date of these rules, the following consensus standards are adopted by reference in 29 C.F.R. §1910.124:

(a) American National Standard Institute ANSI Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1979 edition, as referenced in R 325.52602.

(b) National Fire Protection Association NFPA 34 “Standard for Dip Tanks Containing Flammable or Combustible Liquids,” 1995 edition, as referenced in R 325.52602.

(c) American Conference of Governmental Industrial Hygienist ACGIH “Industrial Ventilation: A Manual of Recommended Practice,” 22nd edition, 1995 edition, as referenced in R 325.52602.

(d) ANSI Z9.1 “Open-Surface Tanks--Ventilation and Operation,” 1971 edition, as referenced in R 325.52602.

Editor's Note: An obvious error in R 325.52601 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 5. The memorandum requesting the correction was published in Michigan Register, 2016 MR 6.

History

• History: 2007 AACS; 2016 AACS.

Mich. Admin. Code R 325.52602 Availability of adopted and referenced rules {#sec-r-325.52602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52602}

Rule 2. (1) The following standards are adopted by reference and are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules:

(a) 29 C.F.R. §1910.122 “Hazardous Materials – Table of contents,” effective March 23, 1999.

(b) 29 C.F.R. §1910.123 “Dipping and coating operations: Coverage and definitions,” effective March 26, 2012.

(c) 29 C.F.R. §1910.124 “General requirements for dipping and coating operations,” effective March 26, 2012.

(d) 29 C.F.R. §1910.125 “Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C),” effective March 26, 2012.

(e) 29 C.F.R. §1910.126 “Additional requirements for special dipping and coating operations,” effective March 26, 2012.

(2) The following standards are adopted by reference and are available from IHS Standards Store, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-447-2273 or via the internet at website: www.global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) ANSI Z9.1 “Open-Surface Tanks--Ventilation and Operation,” 1971 edition. Cost $25.00.

(b) ANSI Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1979 edition. Cost: $73.00.

(c) NFPA 34 “Standard for Dip Tanks Containing Flammable or Combustible Liquids,” 1995 edition. Cost: $28.00.

(d) NFPA 86A “Standard for Ovens and Furnaces,” 1969 edition. Cost: $25.00.

(e) ACGIH “Industrial Ventilation: A Manual of Recommended Practice,” 22nd edition, 1995 edition. Cost: $118.00.

(3) The standards adopted by reference in these rules are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143.

(4) The standards adopted by reference in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan occupational safety and health administrative standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143; or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 6 “Fire Exits,” R 408.10601 to R 408.10697.

(b) General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” R 408.10801 to R 408.10839.

(c) General Industry Safety Standard Part 9 “Fixed Fire Equipment,” R 408.10901 to R 408.10999.

(d) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902.

(e) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009.

(f) General Industry Safety Standard Part 73 “Fire Brigades,” R 408.17301 to R 408.17320.

(g) Occupational Health Standard Part 301 “Air Contaminants for General Industry,”

R 325.51101 to R 325.51108.

(h) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(i) Occupational Health Standard Part 451 “Respiratory Protection,” R 325.60051 to R 325.60052.

(j) Occupational Health Standard Part 474 “Sanitation,” R 325.47401 to R 325.47425.

(k) Occupational Health Standard Part 490 “Permit-Required Confined Spaces,”

R 325.63001 to R 325.63049.

Editor's Note: An obvious error in R 325.52602 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 5. The memorandum requesting the correction was published in Michigan Register, 2016 MR 6.

History

• History: 2007 AACS; 2016 AACS.

R 325.52901 to R 325.52931 Part 529. Welding, Cutting and Brazing

Mich. Admin. Code R 325.52901 Scope, adoption and availability of standards {#sec-r-325.52901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 529. WELDING, CUTTING, AND BRAZING

Rule 1. (1) These rules are intended to provide, in, about or around places of employment, reasonable safety and health to persons involved in welding, cutting, brazing, soldering and acetylene generating and to those exposed to these processes and the equipment and compressed gases used.

(2) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.251(a) “Welder and welding operator” as amended December 14, 2007, are adopted by reference in these rules.

(3) The following rules contained in federal OSHA regulations 29 CFR 1910.252 “Welding, Cutting, and Brazing, General requirements,” as amended March 26, 2012, are adopted by reference in these rules:

(a) 1910.252(b)(4)(i) to (ii) “Work in confined spaces.”

(b) 1910.252(c)(1)(i) to (vi) “General.”

(c) 1910.252(c)(2)(i) to (ii) “Ventilation for general welding and cutting.”

(d) 1910.252(c)(3)(i) to (ii) “Local exhaust hoods and booths.”

(e) 1910.252(c)(4)(i) to (v) “Ventilation in confined spaces.”

(f) 1910.252(c)(5)(i) to (ii) “Fluorine compounds.”

(g) 1910.252(c)(6)(i) to (ii) “Zinc.”

(h) 1910.252(c)(7)(i) to (iii) “Lead.”

(i) 1910.252(c)(8) “Beryllium.”

(j) 1910.252(c)(9)(i) to (ii) “Cadmium.”

(k) 1910.252(c)(10) “Mercury.”

(l) 1910.252(c)(11)(i) to (ii) “Cleaning compounds.”

(m) 1910.252(c)(12) “Cutting of stainless steels.”

(n) 1910.252(c)(13) “First-aid equipment.”

(o) 1910.252(d)(1)(i) to (ii) “Industrial applications.”

(p) 1910.252(d)(1)(vii) “X-ray inspection.”

(q) 1910.252(d)(2)(i) to (ii) “Mechanical piping systems.”

(4) The federal OSHA regulations 29 CFR 1910.254(d)(1) “Operation and maintenance – General,” as amended September 13, 2005, are adopted by reference in these rules.

(5) The federal OSHA regulations 29 CFR 1910.255(d)(1) “Ventilation and flash guard,” as amended April 11, 1990, are adopted by reference in these rules.

(6) A reference to 29 CFR 1910.132 and 1910.133 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(7) A reference to 29 CFR part 1910 subpart Q, 1910.252(a) and (b), 1910.253, and 1910.254 means General Industry Safety Standard Part 12. “Welding and Cutting.”

(8) A reference to 29 CFR 1910.1000 means Occupational Health Standard Part 301. “Air Contaminants for General Industry.”

(9) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(10) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(11) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 12. “Welding and Cutting,” R 408.11201 to R 408.11299.

(b) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(c) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,”

R 408.13301 to R 408.13398.

(d) Occupational Health Standard Part 301. “Air Contaminants for General Industry,”

R 325.51101 to R 325.51107.

History

• History: 2012 AACS; 2018 AACS.

Mich. Admin. Code R 325.52902 Rescinded {#sec-r-325.52902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52902}

History

• History: 2012 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52904 Rescinded {#sec-r-325.52904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52904}

History

• History: 2012 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52905 Rescinded {#sec-r-325.52905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52905}

History

• History: 2012 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52906 Rescinded {#sec-r-325.52906 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52906}

History

• History: 2012 AACS; 2015 AACS; 2018 AACS. 325.52907 Rescinded.
• History: 2012 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52908 Rescinded {#sec-r-325.52908 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52908}

History

• History: 2012 AACS; 2015 AACS.

Mich. Admin. Code R 325.52909 Rescinded {#sec-r-325.52909 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52909}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52910 Rescinded {#sec-r-325.52910 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52910}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52911 Rescinded {#sec-r-325.52911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52911}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52912 Rescinded {#sec-r-325.52912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52912}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52913 Rescinded {#sec-r-325.52913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52913}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52920 Rescinded {#sec-r-325.52920 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52920}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52921 Rescinded {#sec-r-325.52921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52921}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52922 Rescinded {#sec-r-325.52922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52922}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52923 Rescinded {#sec-r-325.52923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52923}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52924 Rescinded {#sec-r-325.52924 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52924}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52925 Rescinded {#sec-r-325.52925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52925}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52926 Rescinded {#sec-r-325.52926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52926}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52927 Rescinded {#sec-r-325.52927 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52927}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52930 Rescinded {#sec-r-325.52930 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52930}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 325.52931 Rescinded {#sec-r-325.52931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.52931}

Rule 3240 Rescinded.

History

• History: 2015 AACS; 2018 AACS.
• History: 2012 AACS.

R 325.59001 to R 325.59015 Part 590 Silica in General Industry

Mich. Admin. Code R 325.59001 Scope, application, adoption, and availability of standards {#sec-r-325.59001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.59001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 590. SILICA IN GENERAL INDUSTRY

Rule 59001. (1) This standard applies to all occupational exposures to respirable crystalline silica, except as follows:

(a) Construction work as covered by Construction Safety and Health Standard Part 690. “Silica in Construction.”

(b) Agricultural operations covered under Occupational Health Standard Part 700.

“Agriculture.”

(c) Exposures that result from the processing of sorptive clays.

(2) This standard does not apply where the employer has objective data demonstrating that employee exposure to respirable crystalline silica will remain below 25 micrograms per cubic meter of air (25 μg/m ) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.

(3) This standard does not apply if the employer complies with Construction Safety and Health Standard Part 690. “Silica in Construction” and both of the following apply:

(a) The task performed is indistinguishable from a construction task listed on Table 1 in 29 CFR 1926.1153(c) of Construction Safety and Health Standard Part 690. “Silica in Construction.”

(b) The task will not be performed regularly in the same environment and conditions.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1053 “Respirable crystalline silica,” as amended May 14, 2019.

(b) 29 CFR 1910.1053, appendix A “Methods of Sample Analysis,” as amended March 25, 2016.

(c) 29 CFR 1910.1053, appendix B “Medical Surveillance Guidelines,” as amended March 25, 2016.

(5) A reference to 29 CFR 1910.94 means Occupational Health Standard Part 520. “Ventilation Control.”

(6) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(7) A reference to 29 CFR 1910.1020, means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. “Hazard Communication.”

(9) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(11) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(13) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(b) General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(c) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(d) Occupational Health Standard Part 520. “Ventilation Control,” R 325.52001 to R 325.52012.

History

• History: 2017 AACS; 2019 AACS; 2021 MR 6, Eff. Mar 31, 2021.

Mich. Admin. Code R 325.59005 Rescinded {#sec-r-325.59005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.59005}

History

• History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.59010 Rescinded {#sec-r-325.59010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.59010}

History

• History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.59012 Rescinded {#sec-r-325.59012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.59012}

History

• History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.59015 Rescinded {#sec-r-325.59015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.59015}

History

• History: 2017 AACS; AACS.

R 325.60001 to R 325.60013 Part 433. Personal Protective Equipment

Mich. Admin. Code R 325.60001 Scope, adoption and availability of standards {#sec-r-325.60001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 433 PERSONAL PROTECTIVE EQUIPMENT

Rule 1. (1) This standard provides specifications for personal protective equipment and prescribes the use of this equipment for the protection of the employee’s eyes, face, and hands during general industry operations.

(2) This standard applies to all places of general industry employment in this state and includes requirements of the employer and use by the employee of personal protective equipment and provides reasonable and adequate means, ways, and methods for the proper selection and safe use of this equipment.

(3) Personal protective safety equipment relating to eye and face protection, head protection, hand protection, feet protection, body protection, and electrical protective equipment must be in compliance with General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(4) Hearing protection must be in compliance with General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry.”

(5) Respiratory protection must be in compliance with Occupational Health Standard Part 451. “Respiratory Protection.”

(6) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.132 “General requirements,” as amended November 18, 2016.

(b) 29 CFR 1910.133 “Eye and face protection,” as amended March 25, 2016.

(c) 29 CFR 1910.138 “Hand protection,” as amended April 6, 1994.

(7) A reference to 29 CFR 1910.134, 1910.135, 1910.136, 1910.137, and 1910.140 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(8) A reference to 29 CFR 1910.266 means General Industry Safety Standard Part 51. “Logging.”

(9) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(11) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(13) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater then 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 51. “Logging,” R 408.15101 to R 408.15181.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(c) General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(d) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 1995 AACS; 1998 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60002 Rescinded {#sec-r-325.60002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60002}

History

• History: 1995 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60002a Rescinded {#sec-r-325.60002a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60002a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60002b Rescinded {#sec-r-325.60002b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60002b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60003 Rescinded {#sec-r-325.60003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60003}

History

• History: 1995 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60003a Rescinded {#sec-r-325.60003a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60003a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60004 Rescinded {#sec-r-325.60004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60004}

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 325.60005 Rescinded {#sec-r-325.60005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60005}

History

• History: 1995 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60006 Rescinded {#sec-r-325.60006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60006}

History

• History: 1995 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60007 Rescinded {#sec-r-325.60007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60007}

History

• History: 1995 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 325.60008 Rescinded {#sec-r-325.60008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60008}

History

• History: 1995 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60008a Rescinded {#sec-r-325.60008a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60008a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60009 Rescinded {#sec-r-325.60009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60009}

History

• History: 1995 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60010 Rescinded {#sec-r-325.60010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60010}

History

• History: 1995 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60011 Rescinded {#sec-r-325.60011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60011}

History

• History: 1995 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.60012 Rescinded {#sec-r-325.60012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60012}

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 325.60013 Rescinded {#sec-r-325.60013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60013}

History

• History: 1995 AACS; 2014 AACS.

R 325.60051 to R 325.60052 Part 451. Respiratory Protection

Mich. Admin. Code R 325.60051 Scope and application {#sec-r-325.60051 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60051}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 451. RESPIRATORY PROTECTION

Rule 1. (1) In the control of occupational diseases caused by breathing air contaminated with harmful dusts, fog, fumes, mists, gases, smokes, spray, or vapors, the primary objective shall be to prevent atmospheric contamination. The prevention of atmospheric contamination shall be accomplished, as far as feasible, by accepted engineering control measures. When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to these rules.

(2) The federal Occupational Safety and Health Administration’s regulations on respiratory protection promulgated by the United States Department of Labor and codified at 29 CFR 1910.134, “Respiratory Protection,” as amended on September 26, 2019, are adopted by reference in these rules.

(3) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The OSHA regulations adopted by reference in subrule (2) of this rule are available from the United States Department of Labor, Occupational Safety and Health Administration, via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standards adopted in subrule (2) of this rule are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) Copies of the standards adopted in subrule (2) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1998-2000 AACS; 2014 AACS; 2021 MR 8, Eff. Apr. 26, 2021.

Mich. Admin. Code R 325.60052 Rescinded {#sec-r-325.60052 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60052}

History

• History: 1998-2000 AACS; 2005 AACS; 2007 AACS; 2014 AACS; 2021 MR 8, Eff. Apr. 26, 2021.

R 325.60101 to R 325.60128 Part 380. Occupational Noise Exposure in General Industy

Mich. Admin. Code R 325.60101 Applicability, adoption, and availability of standards {#sec-r-325.60101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 380 OCCUPATIONAL NOISE EXPOSURE IN GENERAL INDUSTRY

Rule 1. (1) These rules do not apply to the following types of employment:

(a) Domestic.

(b) Mining.

(c) Agriculture.

(d) Construction.

(2) 29 CFR 1910.95(c) to (n), adopted by reference in subrule (3) of this rule, does not apply to employment in oil and gas well drilling and servicing operations.

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.95 “Occupational noise exposure,” as amended December 12, 2008.

(b) 29 CFR 1910.95, appendix A “Noise exposure computation,” mandatory, as in effect as of the effective date of these rules.

(c) 29 CFR 1910.95, appendix B “Methods for estimating the adequacy of hearing protector attenuation,” mandatory, as in effect as of the effective date of these rules.

(d) 29 CFR 1910.95, appendix C “Audiometric measuring instruments,” mandatory, as in effect as of the effective date of these rules.

(e) 29 CFR 1910.95, appendix D “Audiometric test rooms,” mandatory, as in effect as of the effective date of these rules.

(f) 29 CFR 1910.95, appendix E “Acoustic calibration of audiometers,” mandatory, as in effect as of the effective date of these rules.

(g) 29 CFR 1910.95, appendix F “Calculations and application of age corrections to audiograms,” non-mandatory, as in effect as of the effective date of these rules.

(h) 29 CFR 1910.95, appendix G “Monitoring noise levels non-mandatory informational appendix,” as amended March 7, 1996.

(i) 29 CFR 1910.95, appendix H “Availability of referenced documents,” as amended March 7, 1996.

(j) 29 CFR 1910.95, appendix I “Definitions,” as amended March 7, 1996.

(4) A reference to American National Standard Institute (ANSI) S1.4 “American National Standard Specification for Sound Level Meters,” 1971 (R1976) edition means “American National Standard Electroacoustics – Sound Level Meters,” 1983 edition.

(5) A reference to ANSI S1.11 “American National Standard Specification For Octave, Half-Octave, and Third-Octave Band Filter Sets,” 1971 (R1976) means “American National Standard Specification For Octave-Band And Factional-Octave- Band Analog And Digital Filters,” 1986 edition.

(6) A reference to ANSI S3.6 “American Standard Specification For Audiometers,” 1969 edition means “American National Standard Specification For Audiometers,” 1989 edition.

(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The following standards are adopted by reference in these rules and are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112, telephone number 1-800-854-7179, website: www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) ANSI S1.4 “American National Standard Electroacoustics – Sound Level Meters,” 1983 edition. Cost: $120.00.

(b) ANSI S1.11 “American National Standard Specification For Octave-Band And Factional-Octave-Band Analog And Digital Filters,” 1986 edition. Cost: $120.00.

(c) ANSI S3.6 “American National Standard Specification For Audiometers,” 1989 edition. Cost: $120.00.

(11) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The standards adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(13) The following Michigan Occupational Safety and Health Administration (MIOSHA) standard is referenced in these rules: General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,”

R 325.3451 to R 325.3476. Up to 5 copies of this standard may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 1986 AACS; 2018 AACS.

Mich. Admin. Code R 325.60101a Rescinded {#sec-r-325.60101a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60101a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60102 Rescinded {#sec-r-325.60102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60102}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60103 Rescinded {#sec-r-325.60103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60103}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60104 Rescinded {#sec-r-325.60104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60104}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60105 Rescinded {#sec-r-325.60105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60105}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60106 Rescinded {#sec-r-325.60106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60106}

History

• History: 1986 AACS; 2018 AACS.

Mich. Admin. Code R 325.60107 Rescinded {#sec-r-325.60107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60107}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60108 Rescinded {#sec-r-325.60108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60108}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60109 Rescinded {#sec-r-325.60109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60109}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60110 Rescinded {#sec-r-325.60110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60110}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60111 Rescinded {#sec-r-325.60111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60111}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60112 Rescinded {#sec-r-325.60112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60112}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60113 Rescinded {#sec-r-325.60113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60113}

History

• History: 1986 AACS; 2018 AACS.

Mich. Admin. Code R 325.60114 Rescinded {#sec-r-325.60114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60114}

History

• History: 1986 AACS; 2018 AACS.

Mich. Admin. Code R 325.60115 Rescinded {#sec-r-325.60115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60115}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60116 Rescinded {#sec-r-325.60116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60116}

History

• History: 1986 AACS; 2018 AACS.

Mich. Admin. Code R 325.60117 Rescinded {#sec-r-325.60117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60117}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60118 Rescinded {#sec-r-325.60118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60118}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60119 Rescinded {#sec-r-325.60119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60119}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60120 Rescinded {#sec-r-325.60120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60120}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60121 Rescinded {#sec-r-325.60121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60121}

History

• History: 1986 AACS; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 325.60122 Rescinded {#sec-r-325.60122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60122}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60122a Rescinded {#sec-r-325.60122a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60122a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60123 Rescinded {#sec-r-325.60123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60123}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60124 Rescinded {#sec-r-325.60124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60124}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60125 Rescinded {#sec-r-325.60125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60125}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60126 Rescinded {#sec-r-325.60126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60126}

History

• History: 1986 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 325.60127 Rescinded {#sec-r-325.60127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60127}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS.

Mich. Admin. Code R 325.60128 Rescinded {#sec-r-325.60128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60128}

History

• History: 1986 AACS; 1993 AACS; 2016 AACS.

R 325.60131 to R 325.60131 Part 680. Occupational Noise Exposure

Mich. Admin. Code R 325.60131 Noise exposure; conservation program {#sec-r-325.60131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60131}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

OCCUPATIONAL HEALTH STANDARDS COMMISSION

OCCUPATIONAL NOISE EXPOSURE

(By authority conferred on the occupational health standards commission by section 24 of Act No. 154 of the Public Acts of 1974, as amended, being S408.1024 of the Michigan Compiled Laws)

Rule 1. (1) An employer shall ensure that protection against the effects of noise exposure is provided when the sound levels exceed those shown in Table D-2 of this rule when measured on the A-scale of a standard sound level meter at slow response. [1926.52(a)]

(2) An employer shall utilize feasible administrative or engineering controls if employees are subjected to sound levels exceeding those listed in Table D-2 of this rule.

If the controls fail to reduce sound levels within the levels of the table, then an employer shall ensure that personal protective equipment is provided and used to reduce sound levels within the levels of the table. [1926.52(b)]

(a) An employer shall ensure that ear protective devices inserted in the ear are fitted or determined individually by competent persons.[1926.101(b)]

(b) An employer shall ensure that plain cotton is not used as a protective device. [1926.101(c)]

(3) If the variations in noise level involve maxima at intervals of 1 second or less, then it is to be considered continuous. [1926.52(c)]

(4) An employer shall implement a continuous and effective hearing conservation program if sound levels exceed the values shown in Table D-2. [1926.52(d)(1)]

TABLE D-2--PERMISSIBLE NOISE EXPOSURES

Duration per day, hours: Sound Level dBA Slow Response 8 90 6 92 4 95 3 97 2 100 1 1/2 102 1 105 1/2 110 1/4 or less 115 (a) If the daily noise exposure is composed of 2 or more periods of noise exposure of different levels, then an employer shall consider their combined effect rather than the individual effect of each. An employer shall compute exposure to different levels for various periods of time according to the formula set forth in subdivision (b) of this subrule. [1926.52(d)(2)(i)]

(b)Fe =T1 + T2 + ... +Tn L1 L2 Ln where:

Fe = The equivalent noise exposure factor.

T = The period of noise exposure at any essentially constant level.

L = The duration of the permissible noise exposure at the constant level (from Table D-2).

If the value of Fe exceeds unity (1), then the exposure exceeds permissible levels. [1926.52(d)(2)(ii)]

(c) A sample computation showing an application of the formula in subdivision (b) of this subrule is as follows. An employee is exposed at these levels for these periods: 110 dBA for 1/4 hour. 100 dBA for 1/2 hour. 90 dBA for 1 1/2 hours.

Fe =1/4 + 1/2 + 1 1/2 1/2 2 8 Fe =0.500 + 0.25 + 0.188 Fe =0.938 Since the value of Fe does not exceed unity, the exposure is within permissible limits. [1926.52(d)(2)(iii)]

(5) An employer shall ensure that exposure to impulsive or impact noise is not more than 140 dB peak sound pressure level. [1926.52(e)]

(6) This rule rescinds and replaces occupational health construction rule 6501(2)(a) to (c) and rule 6260.

History

• History: 1998-2000 AACS.

R 325.60151 to R 325.60161 Part 601. Air Contaminants for Construction

Mich. Admin. Code R 325.60151 Scope, application, and availability of standards {#sec-r-325.60151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60151}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 601. AIR CONTAMINANTS FOR CONSTRUCTION

Rule 1. (1) An employer shall ensure that employee exposures to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists, as listed in R 325.60154 to R 325.60161, are avoided.

(2) To achieve compliance with subrule (1) of this rule, an employer shall ensure that administrative or engineering controls are implemented whenever feasible. If administrative or engineering controls are not feasible to achieve full compliance, then protective equipment or other protective measures must be used to keep the exposure of employees to air contaminants within the limits prescribed in this rule. Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Respirators must be used in a manner that is in compliance with Occupational Health Standard Part 451. “Respiratory Protection.”

(3) General Industry Safety and Health Standard Part 302 “Vinyl Chloride,” applies to the exposure of every employee to vinyl chloride in every employment and place of employment covered by these rules in place of any different standard on exposure to vinyl chloride that would otherwise be applicable under subrule (1) of this rule.

(4) The “Threshold Limit Values (TLV) of the American Conference of Governmental Industrial Hygienists (A.C.G.I.H.) for 1970” appear in R 325.60153 to R 325.60161. The Threshold Limit Values identified in these rules as Maximum Allowable Concentrations (MAC) are specified in these rules.

(5) These rules do not apply to the following types of employment:

(a) Agriculture.

(b) Domestic.

(c) Mining.

(d) General industry work.

(6) Exposure to air contaminants in general industry work is covered by General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry.”

(7) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(b) General Industry Safety and Health Standard Part 302. “Vinyl Chloride,”

R 325.51401 to R 325.51414.

(c) General Industry and Construction Safety and Health Standard Part 304. “Ethylene Oxide,” R 325.51151 to R 325.51177.

(d) General Industry and Construction Safety and Health Standard Part 306.

“Formaldehyde,” R 325.51451 to R 325.51477.

(e) General Industry and Construction Safety and Health Standard Part 307.

“Acrylonitrile,” R 325.51501 to R 325.51527.

(f) General Industry and Construction Safety and Health Standard Part 308. “Inorganic Arsenic,” R 325.51601 to R 325.51628.

(g) General Industry and Construction Safety and Health Standard Part 311.

“Benzene,” R 325.77101 to R 325.77115.

(h) Occupational Health Standard Part 312. “1,3-Butadiene,” R 325.50091 to R 325.50093.

(i) Occupational Health Standard Part 313. “Methylene Chloride,” R 325.51651 to R 325.51653.

(j) General Industry and Construction Safety and Health Standard Part 314. “Coke Oven Emissions,” R 325.50100 to R 325.50136.

(k) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(l) Occupational Health Standard Part 602. “Asbestos Standards for Construction,”

R 325.51301 to R 325.51302.

(m) Construction Safety and Health Standard Part 603. “Lead Exposure in Construction,” R 325.51983 to R 325.51993.

(n) Occupational Health Standard Part 604. “Chromium (VI) in Construction,”

R 325.51995 to R 325.51997.

(o) Construction Safety and Health Standard Part 605. “Methylenedianiline (MDA) in Construction,” R 325.60501 to R 325.60501.

(p) Construction Safety and Health Standard Part 609. “Cadmium in Construction,”

R 325.60901 to R 325.60901.

(q) Occupational Health Standard Part 690. “Silica in Construction,” R 325.69001 to R 325.69015.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60151a Rescinded {#sec-r-325.60151a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60151a}

History

• History: 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60152 Definitions {#sec-r-325.60152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60152}

Rule 2. (1) "Maximum allowable concentration" or "MAC" means the threshold limit value or the time-weighted average 8-hour airborne concentration of a contaminant to which a person may be safely exposed.

(2) "Mg/m3" means milligrams of particulate per cubic meter of air.

(3) "Mppcf" means millions of particulates per cubic foot of air based on impinger samples counted by light field microscopic techniques.

(4) "Non-respirable atmosphere" means an atmosphere that contains insufficient oxygen, or an elevated level of contaminants that may render a person incapable of selfrescue.

(5) "Ppm" means parts of vapor or gas per million parts of air by volume at 25 degrees Celsius and 760 millimeters of mercury pressure.

(6) "Source" means a process or equipment that releases a contaminant into the air in concentrations exceeding the MAC.

History

• History: 2002 AACS; 2017 AACS.

Mich. Admin. Code R 325.60153 Contaminants; exposures; MAC {#sec-r-325.60153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60153}

Rule 3. (1) An employer shall not allow an employee to be exposed to a contaminant at concentrations in excess of the MAC as listed in R 325.60154 to R 325.60161.

(2) An employer shall not allow an employee to be exposed to a contaminant or combination of contaminants in concentrations that are hazardous or injurious to the person's health.

History

• History: 2002 AACS.

Mich. Admin. Code R 325.60154 Maximum allowable concentrations {#sec-r-325.60154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60154}

Rule 4. (1) Maximum allowable concentrations of air contaminants based on a repeated 8-hour work day exposure are listed in tables 1 to 7 in R 325.60155 to R 325.60161.

(2) A substance in tables 1 to 6 that is preceded by the letter A, C, S, or STEL is an especially hazardous contaminant and all the following precautions shall be taken:

(a) If the substance is preceded by the letter "A", then an employer shall ensure that an employee or any part of an employee’s anatomy is not exposed to, or allowed to come in contact with, the substance by means of any respiratory, oral, or skin route.

(b) If the substance is preceded by the letter "C", then its MAC means the highest concentration at which an employer may allow a person to be exposed at any time unless noted otherwise. This concentration is commonly referred to as a “ceiling.”

(c) If the substance is preceded by the letter "S", then an employer shall ensure that precautions are taken to prevent skin absorption.

(d) If the substance is preceded by “STEL”, then it means the STEL listed. For example, an employee's 15-minute, time-weighted average exposure, shall not be exceeded at any time during a work day. The STEL is commonly referred to as the "short-term exposure limit."

History

• History: 2002 AACS; 2013 AACS.

Mich. Admin. Code R 325.60155 Maximum allowable concentrations for substances; A and B {#sec-r-325.60155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60155}

Rule 5. Table 1 for substances A and B, are as follows:

TABLE 1

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; A AND B

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Abate 3383-96-8 --- 15 Acetaldehyde 75-07-0 200 360 Acetic acid 64-19-7 10 25 Acetic anhydride 108-24-7 5 20 Acetone 67-64-1 1,000 2,400 Acetonitrile 75-05-8 40 70 Acetylene Inert gas Acetylene dichloride See 1,2-Dichloroethylene Acetylene tetrabromide 79-27-6 1 14 Acrolein 107-02-8 0.1 0.25 S Acrylamide 79-06-1 --- 0.3 S Acrylonitrile See GI & CS 307. Acrylonitrile* S Aldrin 309-00-2 --- 0.25 S Allyl alcohol 107-18-6 2 5 Allyl chloride 107-05-1 1 3 C Allyl glycidyl ether (AGE) 106-92-3 10 45 Allyl propyl disulfide 2179-59-1 2 12 Alundum (Al ) Inert dust 2-Aminoethanol See Ethanolamine 2-Aminopyridine 504-29-0 0.5 2 Ammonia 7664-41-7 50 35 Ammonium sulfamate (amate) 7773-06-0 --- 15 TABLE 1 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; A AND B SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m n-Amyl acetate 628-63-7 100 525 sec-Amyl acetate 626-38-0 125 650 S Aniline 62-53-3 5 19 S Anisidine (o- and p-isomers) 29191-52-4 --- 0.5 Antimony and compounds (as Sb) 7440-36-0 --- 0.5 ANTU (alpha naphthylthiourea) 86-88-4 --- 0.3 Argon Inert gas Arsenic, inorganic compounds See GI & CS 308. Inorganic Arsenic* Arsenic, organic compounds (as As) 7440-38-2 --- 0.5 Arsine 7784-42-1 0.05 0.2 S Azinphos-methyl 86-50-0 --- 0.2 Barium (soluble compounds) 7440-39-3 --- 0.5 Benzene (benzol) See GI & CS 311. Benzene* A, S Benzidine 92-87-5 --- --p-Benzoquinone See Quinone Benzoyl peroxide 94-36-0 --- 5 Benzyl chloride 100-44-7 1 5 MAC/Ceiling/STEL STEL MAC ppm mg/m mg/m Beryllium and beryllium compounds (as Be) 7440-41-7 --- 0.0002 (0.2 μg/m )

STEL

Beryllium and beryllium compounds (as Be) 7440-41-7 0.002 (2.0 μg/m )

Biphenyl See Diphenyl Bisphenol A See Diglycidyl ether SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Boron oxide 1303-86-2 --- 15 Boron tribromide 10294-33-4 1 10 TABLE 1 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; A AND B SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m C Boron trifluoride 7637-07-2 1 3 Bromine 7726-95-6 0.1 0.7 Bromine pentafluoride 7789-30-2 0.1 0.7 S Bromoform 75-25-2 0.5 5 Butadiene (1,3-butadiene) See OH 312. 1,3-Butadiene* Butanethiol See Butyl mercaptan 2-Butanone 78-93-3 200 590 S 2-Butoxy ethanol (butyl cellosolve) 111-76-2 50 240 Butyl acetate (n-butyl acetate) 123-86-4 150 710 sec-Butyl acetate 105-46-4 200 950 tert-Butyl acetate 540-88-5 200 950 Butyl alcohol 71-36-3 100 300 sec-Butyl alcohol 78-92-2 150 450 tert-Butyl alcohol 75-65-0 100 300 S, C Butylamine 109-73-9 5 15 tert-Butyl chromate (as Cr+6) See OH 604. Chromium (VI) in Construction*, ** n-Butyl glycidyl ether (BGE) 2426-08-6 50 270 Butyl mercaptan 109-79-5 0.5 1.5 p-tert-Butyltoluene 98-51-1 10 60 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C See R 325.60154(2)(b).

S See R 325.60154(2)(c).

STEL See R 325.60154(2)(d). * Caution--these rules contain extensive requirements for exposure to these substances. ** If the exposure limit in OH 604. Chromium (VI) in Construction is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m and has an "S" notation.

All MIOSHA Standards shown in this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60156 Maximum allowable concentrations for substances; C and D {#sec-r-325.60156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60156}

Rule 6. Table 2 for substances C and D, are as follows:

TABLE 2

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; C AND D

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Cadmium and cadmium compounds See CS 609. Cadmium in Construction* Calcium arsenate --- 1 Calcium carbonate 1317-65-3 Inert dust Calcium oxide 1305-78-8 --- 5 Camphor (synthetic) 76-22-2 2 --- Carbaryl (Sevin®) 63-25-2 --- 5 Carbon black 1333-86-4 --- 3.5 Carbon dioxide 124-38-9 5,000 9,000 S Carbon disulfide 75-15-0 20 60 Carbon monoxide 630-08-0 50 55 S, C Carbon tetrachloride 56-23-5 10 65 Cellulose (paper fiber) 9004-34-6 Inert dust S Chlordane 57-74-9 --- 0.5 S Chlorinated camphene 8001-35-2 --- 0.5 Chlorinated diphenyl oxide 55720-99-5 or 31242-93-0 --- 0.5 Chlorine 7782-50-5 1 3 Chlorine dioxide 10049-04-4 0.1 0.3 C Chlorine trifluoride 7790-91-2 0.1 0.4 C Chloroacetaldehyde 107-20-0 1 3 alpha-Chloroacetophenone (Phenacyl chloride) 532-27-4 0.05 0.3 Chlorobenzene (mono chlorobenzene) 108-90-7 75 350 o-Chlorobenzylidene malononitrile (OCBM) 2698-41-1 0.05 0.4 Chlorobromomethane 74-97-5 200 1,050 2-Chloro-1,3-butadiene See Chloroprene S Chlorodiphenyl (42% Chlorine) 53469-21-9 --- 1 S Chlorodiphenyl (54% Chlorine) 11097-69-1 --- 0.5 1-Chloro-2,3-epoxy propane See Epichlorohydrin TABLE 2 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; C AND D SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m 2-Chloroethanol See Ethylene chlorohydrin Chloroethylene See Vinyl chloride C Chloroform (Trichloromethane) 67-66-3 50 240 1-Chloro-1-nitropropane 600-25-9 20 100 Chloropicrin 76-06-2 0.1 0.7 S Chloroprene (2-chloro-1,3-butadiene) 126-99-8 25 90 Chromic acid and chromates (as Cr0 )

See OH 604. Chromium (VI) in Construction*, *** Chromium (VI) compounds See OH 604. Chromium (VI) in Construction*, *** Chromium sol. chromic and chromous salts (as Cr)

Varies with compound --- 0.5 Metal and insol. Salts 7440-47-3 --- 1 Coal tar pitch volatiles (benzene soluble fraction: anthracene, BaP, phenanthrene, acridine, chrysene, pyrene) 65996-93-2 --- 0.2 Cobalt, metal fume and dust 7440-48-4 – 0.1 Coke oven emissions See GI & CS 314. Coke Oven Emissions* Copper Fume 7440-50-8 --- 0.1 Dusts and mists --- 1 Corundum (Al ) Inert dust Cotton dust (raw) – --- 1 Crag® herbicide 136-78-7 --- 15 S Cresol (all isomers) 1319-77-3 5 22 Crotonaldehyde 123-73-9 4170-30-3 2 6 S Cumene 98-82-8 50 245 S Cyanide (as CN)

Varies with compound --- 5 Cyanogen 460-19-5 10 --- Cyclohexane 110-82-7 300 1,050 Cyclohexanol 108-93-0 50 200 TABLE 2 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; C AND D SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Cyclohexanone 108-94-1 50 200 Cyclohexene 110-83-8 300 1,015 Cyclopentadiene 542-92-7 75 200 2,4-D 94-75-7 --- 10 S DDT (Dichlorodiphenyl-trichloroethane) 50-29-3 --- 1 DDVP See Dichlorvos S Decaborane 17702-41-9 0.05 0.3 S Demeton® 8065-48-3 --- 0.1 Diacetone alcohol (4-hydroxy-4-methyl-2-pentanone) 123-42-2 50 240 1,2-Diainoethane See Ethylenediamine Diazomethane 334-88-3 0.2 0.4 Diborane 19287-45-7 0.1 0.1 S, C 1,2-Dibromoethane (ethylene dibromide) 106-93-4 25 190 Dibutyl phosphate 107-66-4 1 5 Dibutyl phthalate 84-74-2 --- 5 C Dichloroacetylene 7572-29-4 0.1 0.4 C o-Dichlorobenzene 95-50-1 50 300 p-Dichlorobenzene 106-46-7 75 450 Dichlorodifluoromethane 75-71-8 1,000 4,950 1,3-Dichloro-5, 5-dimethyl hydantoin 118-52-5 --- 0.2 1,1-Dichloroethane 75-34-3 100 400 1,2-Dichloroethane 107-06-2 50 200 1,2-Dichloroethylene 540-59-0 200 790 S, C Dichloroethyl ether 111-44-4 15 90 Dichloromethane See Methylene chloride Dichloromonofluoromethane 75-69-4 1,000 4,200 C 1,1-Dichloro-1-nitroethane 594-72-9 10 60 1,2-Dichloropropane See Propylene dichloride Dichlorotetrafluoroethane 76-14-2 1,000 7,000 S Dichlorvos (DDVP) 62-73-7 --- 1 TABLE 2 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; C AND D SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m S Dieldrin 60-57-1 --- 0.25 Diethylamine 109-89-7 25 75 S Diethylamino, ethanol 100-37-8 10 50 S, C Diethylene triamine 111-40-0 10 42 Diethyl ether See Ethyl ether Difluorodibromomethane 75-61-6 100 860 C Diglycidyl ether (DGE) 2238-07-5 0.5 2.8 Dihydroxybenzene See Hydroquinone Diisobutyl ketone 108-83-8 50 290 S Diisopropylamine 108-18-9 5 20 Dimethoxymethane See Methylal S Dimethyl acetamide 127-19-5 10 35 Dimethylamine 124-40-3 10 18 Dimethylaminobenzene See Xylidene S Dimethylaniline (N-dimethylaniline) 121-69-7 5 25 Dimethylbenzene See Xylene Dimethyl-1, 2-dibromo- 2, 2-dichloroethyl phosphate (Dibrom®) 300-76-5 --- 3 S Dimethylformamide 68-12-2 10 30 2,6-Dimethylheptanone See Diisobutyl ketone S 1,1-Dimethylhydrazine 57-14-7 0.5 1 Dimethylphthalate 131-11-3 --- 5 S Dimethyl sulfate 77-78-1 1 5 S Dinitrobenzene (all isomers) 99-65-0 528-29-0 100-25-4 --- 1 S Dinitro-o-cresol 534-52-1 --- 0.2 S Dinitrotoluene 25321-14-6 --- 1.5 S Dioxane (diethylene dioxide) 123-91-1 100 360 Diphenyl 92-52-4 0.2 1 Diphenylamine 122-39-4 --- 10 Diphenylmethane diisocyanate See Methylene bisphenyl isocyanate (MDI)

TABLE 2

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; C AND D

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m S Dipropylene glycol methyl ether 34590-94-8 100 600 Di-sec-octyl phthalate (di-2-ethylhexylphthalate) 117-81-7 --- 5 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C B See R 325.60154(2)(b).

S C See R 325.60154(2)(c).

STEL See R 325.60154(2)(d). * Caution--these rules contain extensive requirements for exposure to these substances. *** If the exposure limit in OH 604. Chromium (VI) in Construction is stayed or is otherwise not in effect, the exposure limit is 0.1 mg/m for chromic acid and chromates (Cr0 ) as an 8-hour TWA.

All MIOSHA Standards shown in is this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60157 Maximum allowable concentrations for substances; E to H {#sec-r-325.60157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60157}

Rule 7. Table 3 for substances E to H, are as follows:

TABLE 3

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; E TO H

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Emery Inert dust S Endosulfan (Thiodan®) 115-29-7 --- 0.1 S Endrin 72-20-8 --- 0.1 S Epichlorohydrin 106-89-8 5 19 S EPN 2104-64-5 --- 0.5 1,2-Epoxypropane See Propylene oxide TABLE 3 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; E TO H SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m 2,3-Epoxy-1-propanol See Glycidol Ethane Inert gas Ethanethiol See Ethyl mercaptan Ethanolamine 141-43-5 3 6 S 2-Ethoxyethanol 110-80-5 200 740 S 2-Ethoxyethyl acetate (cellosolve acetate) 111-15-9 100 540 Ethyl acetate 141-78-6 400 1,400 S Ethyl acrylate 140-88-5 25 100 Ethyl alcohol (ethanol) 64-17-5 1,000 1,900 Ethylamine 75-04-7 10 18 Ethyl sec-amyl ketone (5-methyl-3-heptanone) 541-85-5 25 130 Ethyl benzene 100-41-4 100 435 Ethyl bromide 74-96-4 200 890 Ethyl butyl ketone (3-heptanone) 106-35-4 50 230 Ethyl chloride 75-00-3 1,000 2,600 Ethyl ether 60-29-7 400 1,200 Ethyl formate 109-94-4 100 300 Ethyl mercaptan 75-08-1 0.5 1 Ethyl silicate 78-10-4 100 850 Ethylene Inert gas S Ethylene chlorohydrin 107-07-3 5 16 Ethylenediamine 107-15-3 10 25 Ethylene dibromide See 1,2-Dibromoethane Ethylene dichloride See 1,2-Dichloroethane S, C Ethylene glycol dinitrate 628-96-6 0.2 1 Ethylene glycol monomethyl ether acetate See Methyl cellosolve acetate S Ethyleneimine 151-56-4 0.5 1 Ethylene oxide See GI & CS 304. Ethylene Oxide* Ethylidine chloride See 1,1-Dichloroethane S N-Ethylmorpholine 100-74-3 20 94 Ferbam 14484-64-1 --- 15 TABLE 3 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; E TO H SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Ferrovanadium dust 12604-58-9 --- 1 Fibrous glass Inert dust Fluoride (as F)

Varies with compound --- 2.5 Fluorine 7782-41-4 0.1 0.2 Fluorotrichloromethane 75-69-4 1,000 5,600 C Formaldehyde See GI & CS 306. Formaldehyde* Formic acid 64-18-6 5 9 S Furfural 98-01-1 5 20 Furfuryl alcohol 98-00-0 50 200 Gasoline (limits will be based on aromatic hydrocarbons in mixture)

Glycerine mist Inert mist Glycidol (2,3-epoxy-1-propanol) 556-52-5 50 150 Glycol monoethyl ether See 2-Ethoxyethanol Graphite (synthetic) Inert dust Guthion® See Azinphos-methyl Gypsum 13397-24-5 Inert dust Hafnium 7440-58-6 --- 0.5 Helium Inert gas S Heptachlor 76-44-8 --- 0.5 Heptane (n-heptane) 142-82-5 500 2,000 S Hexachloroethane 67-72-1 1 10 S Hexachloronaphthalene 1335-87-1 --- 0.2 Hexane (n-hexane) 110-54-3 500 1,800 2-Hexanone 591-78-6 100 410 Hexone (methyl isobutyl ketone) 108-10-1 100 410 sec-Hexyl acetate 108-84-9 50 300 S Hydrazine 302-01-2 1 1.3 Hydrogen Inert gas Hydrogen bromide 10035-10-6 3 10 C Hydrogen chloride 7647-01-0 5 7 TABLE 3 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; E TO H SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m S Hydrogen cyanide 74-90-8 10 11 Hydrogen fluoride 7664-39-3 3 2 Hydrogen peroxide 7722-84-1 1 1.4 Hydrogen selenide 7783-07-5 0.05 0.2 Hydrogen sulfide 7783-06-4 10 15 Hydroquinone 123-31-9 --- 2 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C B See R 325.60154(2)(b).

S C See R 325.60154(2)(c).

STEL See R 325.60154(2)(d). * Caution--these rules contain extensive requirements for exposure to these substances.

All MIOSHA Standards shown in is this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS 2019.

Mich. Admin. Code R 325.60158 Maximum allowable concentrations for substances; I to M {#sec-r-325.60158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60158}

Rule 8. Table 4 for substances I to M, are as follows:

TABLE 4

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; I TO M

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Indene 95-13-6 10 45 Indium and compounds (as In) 7440-74-6 --- 0.1 C Iodine 7553-56-2 0.1 1 Iron oxide fume 1309-37-1 --- 10 Iron salts, soluble (as Fe)

Varies with compound --- 1 TABLE 4 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; I TO M SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Isoamyl acetate 123-92-2 100 525 Isoamyl alcohol 123-51-3 100 360 Isobutyl acetate 110-19-0 150 700 Isobutyl alcohol 78-83-1 100 300 Isophorone 78-59-1 25 140 Isopropyl acetate 108-21-4 250 950 Isopropyl alcohol 67-63-0 400 980 Isopropylamine 75-31-0 5 12 Isopropyl ether 108-20-3 500 2,100 Isopropyl glycidyl ether (IGE) 4016-14-2 50 240 Kaolin Inert dust Ketene 463-51-4 0.5 0.9 Lead and lead compounds See CS 603. Lead Exposure in Construction* Limestone 1317-65-3 Inert dust S Lindane 58-89-9 --- 0.5 Lithium hydride 7580-67-8 --- 0.025 L.P.G. (Liquified petroleum gas) 68476-85-7 1,000 1,800 Magnesite 546-93-0 Inert dust Magnesium oxide fume 1309-48-4 15 S Malathion 121-75-5 --- 15 Maleic anhydride 108-31-6 0.25 1 C Manganese and compounds (as Mn) 7439-96-5 --- 5 Marble 1317-65-3 Inert dust S Mercury 7439-97-6 --- 0.1 S Mercury (organic compounds)

Varies with compound --- 0.01 Mesityl oxide 141-79-7 25 100 Methane Inert gas Methanethiol See Methyl mercaptan Methoxychlor 72-43-5 --- 15 2-Methoxyethanol See Methyl cellosolve TABLE 4 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; I TO M SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Methyl acetate 79-20-9 200 610 Methyl acetylene (propyne) 74-99-7 1,000 1,650 Methyl acetylene-propadiene mixture (MAPP) – 1,000 1,800 S Methyl acrylate 96-33-3 10 35 Methylal (dimethoxymethane) 109-87-5 1,000 3,100 Methyl alcohol (methanol) 67-56-1 200 260 Methylamine 74-89-5 10 12 Methyl amyl alcohol See Methyl isobutyl carbinol Methyl (n-amyl) ketone (2-heptanone) 110-43-0 100 465 S, C Methyl bromide 74-83-9 20 80 Methyl butyl ketone See 2-Hexanone S Methyl cellosolve 109-86-4 25 80 S Methyl cellosolve acetate 110-49-6 25 120 C Methyl chloride 74-87-3 100 210 Methyl chloroform 71-55-6 350 1,900 Methylcyclohexane 108-87-2 500 2,000 Methylcyclohexanol 25639-42-3 100 470 S o-Methylcyclohexanone 583-60-8 100 460 Methylenedianiline (MDA)

See CS 605. Methylenedianiline (MDA) in Construction* Methyl ethyl ketone (MEK) See 2-Butanone Methyl formate 107-31-3 100 250 S Methyl iodide 74-88-4 5 28 Methyl isoamyl ketone 110-12-3 100 475 S Methyl isobutyl carbinol 108-11-2 25 100 Methyl isobutyl ketone See Hexone S Methyl isocyanate 624-83-9 0.02 0.05 Methyl mercaptan 74-93-1 0.5 1 Methyl methacrylate 80-62-6 100 410 Methyl propyl ketone See 2-Pentanone C Methyl silicate 681-84-5 5 30 TABLE 4 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; I TO M SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m C alpha-Methyl styrene 98-83-9 100 480 C Methylene bisphenyl isocyanate (MDI) 101-68-8 0.02 0.2 Methylene chloride (dichloromethane) See OH 313. Methylene Chloride* Molybdenum Soluble compounds 7439-98-7 --- 5 Insoluble compounds --- 15 S Monomethyl aniline 100-61-8 2 9 S, C Monomethyl hydrazine 60-34-4 0.2 0.35 S Morpholine 110-91-8 20 70 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C See R 325.60154(2)(b).

S See R 325.60154(2)(c).

STEL See R 325.60154(2)(d). * Caution--these rules contain extensive requirements for exposure to these substances.

All MIOSHA Standards shown in this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60159 Maximum allowable concentrations for substances; N to P {#sec-r-325.60159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60159}

Rule 9. Table 5 for substances N to P, are as follows:

TABLE 5

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; N TO P

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Naphtha (coal tar) 8030-30-6 100 400 Naphtha (petroleum) (MAC will be based on aromatic hydrocarbons in mixture)

TABLE 5

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; N TO P

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Naphthalene 91-20-3 10 50 A beta-Naphthylamine 91-59-8 --- Neon Inert gas Nickel carbonyl 13463-39-3 0.001 0.007 Nickel, metal and soluble compounds (as Ni) 7440-02-0 --- 1 S Nicotine 54-11-5 --- 0.5 Nitric acid 7697-37-2 2 5 Nitric oxide 10102-43-9 25 30 S p-Nitroaniline 100-01-6 1 6 S Nitrobenzene 98-95-3 1 5 S p-Nitrochlorobenzene 100-00-5 --- 1 Nitroethane 79-24-3 100 310 Nitrogen Inert gas Nitrogen dioxide 10102-44-0 5 9 Nitrogen trifluoride 7783-54-2 10 29 S Nitroglycerin 55-63-0 0.2 2 Nitromethane 75-52-5 100 250 1-Nitropropane 108-03-2 25 90 2-Nitropropane 79-46-9 25 90 S, A N-Nitrosodimethylamine (dimethylnitroasomine) 62-75-9 --- S Nitrotoluene Varies with compound 5 30 Nitrotrichloromethane See Chloropicrin Nitrous oxide Inert gas S Octachloronaphthalene 2234-13-1 --- 0.1 Octane 111-65-9 400 1,900 Oil mist, particulate 8012-95-1 --- 5 Oil mist, vapor (MAC will be based on aromatic hydrocarbons in mixture)

Osmium tetroxide 20816-12-0 --- 0.002 Oxalic acid 144-62-7 --- 1 TABLE 5 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; N TO P SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Oxygen difluoride 7783-41-7 0.05 0.1 Ozone 10028-15-6 0.1 0.2 S Paraquat 1910-42-5 2074-50-2 4685-14-7 --- 0.5 S Parathion 56-38-2 --- 0.1 Pentaborane 19624-22-7 0.005 0.01 S Pentachloronaphthalene 1321-64-8 --- 0.5 S Pentachlorophenol 87-86-5 --- 0.5 Pentaerythritol 115-77-5 Inert particulate Pentane 109-66-0 500 1,500 2-Pentanone 107-87-9 200 700 Perchloroethylene 127-18-4 100 670 Perchloromethyl mercaptan 594-42-3 0.1 0.8 Perchloryl fluoride 7616-94-6 3 13.5 Petroleum distillates (naphtha)

(MAC will be based on aromatic hydrocarbons in mixture)

S Phenol 108-95-2 5 19 S p-Phenylenediamine 101-84-8 --- 0.1 Phenyl ether (vapor) – 1 7 Phenyl ether-biphenyl mixture (vapor) 8004-13-5 1 7 Phenylethylene See Styrene Phenyl glycidyl ether (PGE) 122-60-1 10 60 S Phenylhydrazine 100-63-0 5 22 S Phosdrin (Mevinphos®) 7786-34-7 --- 0.1 Phosgene (carbonyl chloride) 75-44-5 0.1 0.4 Phosphine 7803-51-2 0.3 0.4 Phosphoric acid 7664-38-2 --- 1 Phosphorus (yellow) 7723-14-0 --- 0.1 Phosphorus pentachloride 10026-13-8 --- 1 Phosphorus pentasulfide 1314-80-3 --- 1 Phosphorus trichloride 7719-12-2 0.5 3 TABLE 5 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; N TO P SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Phthalic anhydride 85-44-9 2 12 S Picric acid 88-89-1 --- 0.1 Pival® (2-pivalyl-1,3-indandione) 83-26-1 --- 0.1 Plaster of Paris 26499-65-0 Inert dust Platinum, soluble salts (as Pt) 7440-06-4 --- 0.002 Polytetrafluoroethylene decomposition products See Teflon® decomposition products Propane 74-98-6 Inert gas S Propargyl alcohol 107-19-7 1 --- A beta-Propiolactone 57-57-8 --n-Propyl acetate 109-60-4 200 840 Propyl alcohol 71-23-8 200 500 n-Propyl nitrate 627-13-4 25 110 Propylene dichloride 78-87-5 75 350 S Propylene imine 75-55-8 2 5 Propylene oxide 75-56-9 100 240 Propyne See Methyl acetylene Pyrethrum 8003-34-7 --- 5 Pyridine 110-86-1 5 15 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C B See R 325.60154(2)(b).

S C See R 325.60154(2)(c).

STEL See R 325.60154(2)(d).

All MIOSHA Standards shown in this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60160 Maximum allowable concentrations for substances; Q to Z {#sec-r-325.60160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60160}

Rule 10. Table 6 for substances Q to Z, are as follows:

TABLE 6

MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; Q TO Z

SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Quinone 106-51-4 0.1 0.4 S RDX 121-82-4 --- 1.5 Rhodium metal fume, dusts, and insoluble compounds (as Rh) 7440-16-6 --- 0.1 soluble compounds (as Rh) --- 0.001 Ronnel 299-84-3 --- 10 Rotenone (commercial) 83-79-4 --- 5 Rouge Inert dust Selenium compounds (as Se) 7782-49-2 --- 0.2 Selenium hexafluoride 7783-79-1 0.05 0.4 Silica, crystalline, respirable dust** See OH 690 Silica in Construction Cristobalite 14464-46-1 Quartz 14808-60-7 Tripoli ( as quartz) 1317-95-9 Trydimite 15468-32-3 Silicon carbide 409-21-2 Inert dust Silver, metal and soluble compounds 7440-22-4 --- 0.01 S Sodium fluoroacetate (1080) 62-74-8 --- 0.05 Sodium hydroxide 1310-73-2 --- 2 Starch 9005-25-8 Inert dust Stibine 7803-52-3 0.1 0.5 Stoddard solvent 8052-41-3 200 1,150 Strychnine 57-24-9 --- 0.15 C Styrene monomer (phenylethylene) 100-42-5 100 420 Sucrose 57-50-1 Inert dust Sulfur dioxide 7446-09-5 5 13 Sulfur hexafluoride 2551-62-4 1,000 6,000 Sulfuric acid 7664-93-9 --- 1 TABLE 6 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; Q TO Z SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Sulfur monochloride 10025-67-9 1 6 Sulfur pentafluoride 5714-22-7 0.025 0.25 Sulfuryl fluoride 2699-79-8 5 20 Systox See Demeton® 2,4,5T 93-76-5 --- 10 Tantalum 7440-25-7 --- 5 S TEDP 3689-24-5 --- 0.2 Teflon® decomposition products (maintain minimal air concentration)

Tellurium 13494-80-9 --- 0.1 Tellurium hexafluoride 7783-80-4 0.02 0.2 S TEPP 107-49-3 --- 0.05 C Terphenyls 26140-60-3 1 9 1,1,1,2-Tetrachloro-2,2-difluoroethane 76-11-9 500 4,170 1,1,2,2-Tetrachloro-1,2-difluoroethane 76-12-0 500 4,170 S 1,1,2,2-Tetrachloroethane 79-34-5 5 35 Tetrachloroethylene See Perchloroethylene Tetrachloromethane See Carbon tetrachloride S Tetrachloronaphthalene 1335-88-2 --- 2 S Tetraethyl lead (as Pb) 78-00-2 --- 0.075 a Tetrahydrofuran 109-99-9 200 590 S Tetramethyl lead (TML)(as Pb) 75-74-1 --- 0.150 S Tetramethyl succinonitrile 3333-52-6 0.5 3 Tetranitromethane 509-14-8 1 8 S Tetryl (2,4,6-trinitrophenylmethyl-nitramine) 479-45-8 --- 1.5 S Thallium, soluble compounds (as Tl) 7440-28-0 --- 0.1 Thiram 137-26-8 --- 5 Tin Inorganic compounds, except SnH and SnO 7440-31-5 --- 2 Organic compounds 7440-31-5 --- 0.1 Oxide 21651-19-4 Inert particulate TABLE 6 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; Q TO Z SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m Titanium dioxide 13463-67-7 Inert particulate Toluene (toluol) 108-88-3 200 750 C Toluene-2,4-diisocyanate 584-84-9 0.02 0.14 S o-Toluidine 95-53-4 5 22 Toxaphene See Chlorinated camphene Tributyl phosphate 126-73-8 --- 5 1,1,1-Trichloroethane See Methyl chloroform S 1,1,2-Trichloroethane 79-00-5 10 45 Trichloroethylene 79-01-6 100 535 Trichloromethane See Chloroform S Trichloronaphthalene 1321-65-9 --- 5 1,2,3-Trichloropropane 96-18-4 50 300 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 1,000 7,600 Triethylamine 121-44-8 25 100 Trifluoromonobromomethane 75-63-8 1,000 6,100 Trimethyl benzene 25551-13-7 25 120 2,4,6-Trinitrophenol See Picric acid 2,4,6-Trinitrophenylmethylnitramine See Tetryl S Trinitrotoluene 118-96-7 --- 1.5 Triorthocresyl phosphate 78-30-8 --- 0.1 Triphenyl phosphate 115-86-6 --- 3 Tungsten and compounds (as W)

Insoluble 7440-33-7 --- 5 Soluble --- 1 Turpentine 8006-64-2 100 560 Uranium (natural) soluble and insoluble compounds (as U) 7440-61-1 --- 0.2 C Vanadium (V O dust) 1314-62-1 --- 0.5 (V O fume) --- 0.1 Vinyl benzene See Styrene TABLE 6 MAXIMUM ALLOWABLE CONCENTRATIONS FOR SUBSTANCES; Q TO Z SUBSTANCE CAS No.

MAC/Ceiling/STEL ppm mg/m C Vinyl chloride See GI 302. Vinyl Chloride* Vinyl cyanide See Acrylonitrile Vinyl toluene 25013-15-4 100 480 Warfarin 81-81-2 --- 0.1 Xylene (xylol) 1330-20-7 100 435 S Xylidine 1300-73-8 5 25 Yttrium 7440-65-5 --- 1 Zinc chloride fume 7646-85-7 --- 1 Zinc oxide fume 1314-13-2 --- 5 Zirconium compounds (as Zr) 7440-67-7 --- 5 The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

A See R 325.60154(2)(a).

C See R 325.60154(2)(b).

S See R 325.60154(2)(c).

STEL

See R 325.60154(2)(d) a The 1970 ACGIH standard for Tetraethyl lead is 0.100 mg/m . * Caution--these rules contain extensive requirements for exposure to these substances. ** See Table 7 for the exposure limit for any operations or sectors where the exposure limit in OH 690. “Silica in Construction” is stayed or is otherwise not in effect.

All MIOSHA Standards shown in this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 325.60161 Maximum allowable concentrations for mineral dusts {#sec-r-325.60161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60161}

Rule 11. Table 7 for mineral dusts, are as follows:

TABLE 7

MAXIMUM ALLOWABLE CONCENTRATIONS FOR MINERAL DUSTS

SUBSTANCE CAS No.

MAC mppcf mg/m Silica Crystalline * Quartz (respirable) 14808-60-7 250 % SiO +5 10 mg/m _ %SiO +2 Cristobalite 14464-46-1 Amorphous, including natural diatomaceous earth 61790-53-2 20 80 mg/m _ %SiO Silicates (less than 1% crystalline silica)

Asbestos, all types See OH 602. Asbestos Standards for Construction Mica 12001-26-2 20 Portland cement 65997-15-1 50 Soapstone – 20 Talc (non-asbestiform) 14807-96-6 20 Talc (fibrous) See OH 602. Asbestos Standards for Construction Tremolite See OH 602. Asbestos Standards for Construction Graphite (natural) 7782-42-5 15 Inert or nuisance particles ** 50 of total dust less than 1% SiO (or 15 mg/m , whichever is the smaller) * The percentage of crystalline silica, SiO , in the formula is the amount determined from airborne samples. Note: This MAC applies to any operations or sectors for which the respirable crystalline silica standard, OH 690. “Silica in Construction” is stayed or otherwise is not in effect. ** The following are some examples of inert or nuisance particulates when toxic impurities are not present; e.g. quartz less than 1%.

Alundum (A1 ) Gypsum Rouge Calcium carbonate Limestone Silicon carbide Cellulose Magnesite Starch Corundum (A1 ) Marble Sucrose Emery Pentaerythritol Tin oxide Glycerine mist Plaster of Paris Titanium dioxide Graphite (synthetic) Portland cement Vegetable oil mists (except castor, cashew nut, or similar irritant oils)

The CAS number is for information only. Enforcement is based on the substance name.

For an entry covering more than 1 metal compound measured as the metal, the CAS number for the metal is given - not the CAS number for the individual compounds.

TABLE 7

MAXIMUM ALLOWABLE CONCENTRATIONS FOR MINERAL DUSTS

SUBSTANCE CAS No.

MAC mppcf mg/m All MIOSHA Standards shown in this table are referenced in R 325.60151.

History

• History: 2002 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

R 325.60501 to R 325.60501 Part 605 Methylenedianiline (MDA) in Construction

Mich. Admin. Code R 325.60501 Scope, application, adoption, and availability of standards {#sec-r-325.60501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60501}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

CONSTRUCTION SAFETY AND HEALTH STANDARD

PART 605. METHYLENEDIANILINE (MDA) IN CONSTRUCTION

Rule 501. (1) These rules apply to all construction operations as defined in the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094, in which there is exposure to methylenedianiline (MDA), including but not limited to all of the following:

(a) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain MDA.

(b) Installation or the finishing of surfaces with products containing MDA.

(c) MDA spill or emergency cleanup, or both, at construction sites.

(d) Transportation, disposal, storage, or containment of MDA or products containing MDA on the site or location at which construction activities are performed.

(2) Except as provided in subrule (7) of this rule and 29 CFR 1926.60(f)(5), these rules do not apply to the processing, use, and handling of products containing MDA if initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling that will cause the greatest possible release, and if no "dermal exposure to MDA" can occur.

(3) Except as provided in subrule (7) of this rule, these rules do not apply to the processing, use, and handling of products containing MDA if objective data are reasonably relied upon that demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling that will cause the greatest possible release, and if no "dermal exposure to MDA" can occur.

(4) Except as provided in subrule (7) of this rule, these rules do not apply to the storage, transportation, distribution or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204, and 29 CFR 1926.60(e).

(5) Except as provided in subrule (7) of this rule, these rules do not apply to materials in any form that contain less than 0.1% MDA by weight or volume.

(6) Except as provided in subrule (7) of this rule, these rules do not apply to "finished articles containing MDA."

(7) If products containing MDA are exempted under subrules (2) to (6) of this rule, the employer shall maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of 29 CFR 1926.60(o).

(8) These rules do not apply to general industry. Exposure to MDA in general industry is covered by General Industry Safety and Health Standard Part 303. “Methylenedianiline (MDA) in General Industry,” R 325.50051 to R 325.50076.

(9) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.60 “Methylenedianiline,” as amended May 14, 2019.

(b) 29 CFR 1926.60, appendix A “Substance Data Sheet, for 4,4’-Methylenedianiline,” as amended June 20, 1996.

(c) 29 CFR 1926.60, appendix B “Substance Technical Guidelines, MDA,” as amended June 20, 1996.

(d) 29 CFR 1926.60, appendix C “Medical Surveillance Guidelines for MDA,” as amended June 20, 1996.

(e) 29 CFR 1926.60, appendix D “Sampling and Analytical Methods for MDA Monitoring and Measurement Procedures,” as amended June 20, 1996.

(10) A reference to 29 CFR 1910.133 means Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(11) A reference to 29 CFR 1910.38 means Construction Safety Standard Part 18. “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(12) A reference to 29 CFR 1910.1200 means Construction Safety Standard Part 42.

“Hazard Communication,” R 408.44201 to R 408.44204.

(13) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425 (14) A reference to 29 CFR 1910.1020 and 1926.33 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R325.3451 to R 325.3476.

(15) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(16) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(17) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(18) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(19) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(20) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(b) Construction Safety Standard Part 18. “Fire Protection and Prevention,”

R 408.41801 to R 408.41884.

(c) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(d) General Industry Safety and Health Standard Part 303. “Methylenedianiline (MDA) in General Industry,” R 325.50051 to R 325.50076.

(e) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.

(f) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(g) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 2018 AACS; 2021 MR 4, Eff. Mar. 3, 2021.

R 325.60601a to R 325.60618 Part 381 Ionizing Radiation

Mich. Admin. Code R 325.60601 Adoption and availability of standards {#sec-r-325.60601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 381. IONIZING RADIATION

Rule 1. (1) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.1096 “Ionizing radiation,” as amended June 20, 1996, are adopted by reference in these rules.

(2) A reference to the Assistant Secretary of Labor means the director of the department of licensing and regulatory affairs or his or her authorized representative.

(3) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(5) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2018 AACS.

Mich. Admin. Code R 325.60601a Rescinded {#sec-r-325.60601a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60601a}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60601b Rescinded {#sec-r-325.60601b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60601b}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60602 Rescinded {#sec-r-325.60602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60602}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60603 Rescinded {#sec-r-325.60603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60603}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60604 Rescinded {#sec-r-325.60604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60604}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60605 Rescinded {#sec-r-325.60605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60605}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60606 Rescinded {#sec-r-325.60606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60606}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60607 Rescinded {#sec-r-325.60607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60607}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60608 Rescinded {#sec-r-325.60608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60608}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60609 Rescinded {#sec-r-325.60609 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60609}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60610 Rescinded {#sec-r-325.60610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60610}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60611 Rescinded {#sec-r-325.60611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60611}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60612 Rescinded {#sec-r-325.60612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60612}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60613 Rescinded {#sec-r-325.60613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60613}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60614 Rescinded {#sec-r-325.60614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60614}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60615 Rescinded {#sec-r-325.60615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60615}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60616 Rescinded {#sec-r-325.60616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60616}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60617 Rescinded {#sec-r-325.60617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60617}

History

• History: 2009 AACS; 2018 AACS.

Mich. Admin. Code R 325.60618 Rescinded {#sec-r-325.60618 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60618}

Rule 2410 Rescinded.

History

• History: 2009 AACS; 2018 AACS.
• History: 2009 AACS.

R 325.60701 to R 325.60704 Part 382. Nonionizing Radiation

Mich. Admin. Code R 325.60701 Electromagnetic radiation; scope of rule {#sec-r-325.60701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60701}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of consumer and industry services by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders Nos. 1996-1 and 1996-2, MCL 330.3101 and 445.2001)

PART 382. NONIONIZING RADIATION

Rule 1. (1) This rule applies to all radiations originating from radio stations, radar equipment, and other possible sources of electromagnetic radiation such as used for communication, radio navigation, and industrial and scientific purposes. This rule does not apply to the deliberate exposure of patients by, or under the direction of, practitioners of the healing arts.

(2) This rule replaces O.H. rule 2420.

History

• History: 2002 AACS.

Mich. Admin. Code R 325.60702 Definitions {#sec-r-325.60702 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60702}

Rule 2. As used in these rules:

(a) "Electromagnetic radiation" means that portion of the spectrum commonly defined as the radio frequency region, which for the purpose of these rules shall include the microwave frequency region.

(b) "Partial body irradiation" means when part of the body is exposed to the incident electromagnetic energy.

(c) "Radiation protection guide" means the radiation level that should not be exceeded without careful consideration of the reasons for doing so.

(d) "Symbol" means the overall design, shape, and coloring of the radio frequency (rf) radiation sign shown in Figure G-11.

(e) "Whole body irradiation" means the entire body is exposed to the incident electromagnetic energy or an exposure where the cross section of the body is smaller than the cross section of the incident radiation beam.

History

• History: 2002 AACS.

Mich. Admin. Code R 325.60703 Radiation protection guide {#sec-r-325.60703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60703}

Rule 3. (1) For normal environmental conditions and for incident electromagnetic energy of frequencies from 10 MHz to 100 GHz, the radiation protection guide is 10 mW/cm.2 (milliwatt per square centimeter) as averaged over any possible 0.1 hour period. This means the following:

Power density: 10 mW/cm.2 for periods of 0.1 hour or more.

Energy density: 1 mW-hr./cm.2 (milliwatt hour per square centimeter) during any 0.1 hour period. This guide applies whether the radiation is continuous or intermittent.

(2) These formulated recommendations pertain to both whole body irradiation and partial body irradiation. Partial body irradiation must be included since it has been shown that some parts of the human body, such as eyes and testicles, may be harmed if exposed to incident radiation levels significantly in excess of the recommended levels.

History

• History: 2002 AACS.

Mich. Admin. Code R 325.60704 Warning symbol {#sec-r-325.60704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60704}

Rule 4. (1) An employer shall ensure that the warning symbol for radio frequency radiation hazards consists of a red isosceles triangle above an inverted black isosceles triangle, separated and outlined by an aluminum color border. The words "Warning--Radio-Frequency Radiation Hazard" shall appear in the upper triangle. See Figure G-11.

(2) American national standard safety color code for marking physical hazards and the identification of certain equipment, Z53.1-1953, shall be used for color specification. All lettering and the border shall be of aluminum color. ANSI Z53.1-1953 is adopted by reference in this rule. Printed copies of ANSI Z53.1-1953 are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112, telephone number 1-800-854-7179, website: www.global.ihs.com, at a cost as of the time of adoption of these rules of $25.00 or is available for inspection at the Michigan Department of Consumer and Industry Services, Standards Division, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909.

(3) The inclusion and choice of warning information or precautionary instructions is at the discretion of the user. If information is included, then the information shall appear in the lower triangle of the warning symbol.

(4) Figure G-11 reads as follows:

History

• History: 2002 AACS.

R 325.60901 to R 325.60901 Part 609. Cadmium in Construction

Mich. Admin. Code R 325.60901 Scope, adoption, and availability of standards {#sec-r-325.60901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.60901}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

CONSTRUCTION SAFETY AND HEALTH STANDARD

PART 609. CADMIUM IN CONSTRUCTION

Rule 901. (1) These rules apply to all occupational exposures to cadmium and cadmium compounds, in all forms, in all construction work where an employee may potentially be exposed to cadmium.

(2) Construction work is defined as work involving construction, alteration, or repair, including, but not limited to, all of the following:

(a) Wrecking, demolition, or salvage of structures where cadmium or materials containing cadmium are present.

(b) Use of cadmium containing-paints and cutting, brazing, burning, grinding, or welding on surfaces that were painted with cadmium-containing paints.

(c) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain cadmium, or materials containing cadmium.

(d) Cadmium welding, cutting and welding cadmium-plated steel, or brazing or welding with cadmium alloys.

(e) Installation of products containing cadmium.

(f) Electrical grounding with cadmium welding, or electrical work using cadmium-coated conduit.

(g) Maintaining or retrofitting cadmium-coated equipment.

(h) Cadmium contamination or emergency cleanup, or both.

(i) Transportation, disposal, storage, or containment of cadmium or materials containing cadmium on the site or location at which construction activities are performed.

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.1127 “Cadmium,” as amended May 14, 2019.

(b) 29 CFR 1926.1127, appendix A “Substance Safety Data Sheet – Cadmium,” as amended June 20, 1996.

(c) 29 CFR 1926.1127, appendix B “Substance Technical Guidelines for Cadmium,” as amended June 20, 1996.

(d) 29 CFR 1926.1127, appendix D “Occupational Health History Interview With Reference to Cadmium Exposure,” as amended June 20, 1996.

(e) 29 CFR 1926.1127, appendix E “Cadmium in Workplace Atmospheres,” as amended June 20, 1996.

(f) 29 CFR 1926.1127, appendix F “Nonmandatory Protocol for Biological Monitoring,” as amended June 20, 1996.

(4) A reference to 29 CFR 1926.51 means Construction Safety and Health Standard Part 1. “General Rules.”

(5) A reference to 29 CFR 1926.353 and 1926.354 means Construction Safety Standard Part 7. “Welding and Cutting.”

(6) A reference to 29 CFR 1926.59 and 1910.1200 means Construction Safety Standard Part 42. “Hazard Communication.”

(7) A reference to 29 CFR 1910.133 means Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(8) A reference to 29 CFR 1926.33 and 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(9) A reference to 29 CFR 1910.134 “Respiratory Protection,” means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(10) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(11) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(12) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(13) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(14) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(c) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(d) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(e) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 2018 AACS; 2021 MR 4, Eff. Mar. 3, 2021.

R 325.62001 to R 325.62006 Part 620. Ventilation Control for Construction

Mich. Admin. Code R 325.62001 Scope, adoption, and availability of standards {#sec-r-325.62001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 620. VENTILATION CONTROL FOR CONSTRUCTION

Rule 1. (1) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1926.57 “Ventilation,” as amended January 8, 1998, are adopted by reference in these rules.

(2) The scope for this standard is all of the following:

(a) 1926.57(a) applies to general ventilation information.

(b) 1926.57(b) applies to local exhaust ventilation.

(c) 1926.57(c) applies to the design and operation for ventilation.

(d) 1926.57(d) applies to the duration of operations for ventilation.

(e) 1926.57(e) applies to the disposal of exhaust materials.

(f) 1926.57(f) applies to all operations where an abrasive is forcibly applied to a surface by pneumatic or hydraulic pressure, or by centrifugal force. It does not apply to steam blasting, or steam cleaning, or hydraulic cleaning methods where work is done without the aid of abrasives.

(g) 1926.57(g) prescribes the use of exhaust hood enclosures and systems in removing dust, dirt, fumes, and gases generated through the grinding, polishing, or buffing of ferrous and nonferrous metals.

(h) 1926.57(h) applies to the use of spray booths or spray rooms that are to be used to enclose or confine all spray finishing operations covered by 1926.57(h). These rules do not apply to the spraying of the exteriors of buildings, fixed tanks, or similar structures, nor to small portable spraying apparatus not used repeatedly in the same location.

(i) 1926.57(i) applies to all operations involving the immersion of materials in liquids, or in the vapors of such liquids, for the purpose of cleaning or altering their surfaces, or adding or imparting a finish thereto, or changing the character of the materials, and their subsequent removal from the liquids or vapors, draining, and drying. Such operations include washing, electroplating, anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting, and other similar operations, but do not include molten materials handling operations, or surface coating operations.

(3) A reference to 29 CFR 1926.51 means Construction Safety Standard Part 1.

“General Rules.”

(4) A reference to 29 CFR 1926.55 means Construction Safety and Health Standard Part 601. “Air Contaminants for Construction.”

(5) A reference to 29 CFR 1926.66 means General Industry Safety Standard Part 76.

“Spray Finishing Using Flammable and Combustible Materials.”

(6) A reference to 29 CFR 1926.102 means Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(7) A reference to 29 CFR 1910.134 and 1926.103 means Occupational Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR part 1926, subpart S, means Construction Safety and Health Standard Part 14. “Tunnels, Shafts, Caissons, and Cofferdams.”

(9) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(11) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling (13) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules: Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(c) Construction Safety and Health Standard Part 14. “Tunnels, Shafts, Caissons, and Cofferdams,” R 408.41401 to R 408.41483.

(d) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(e) Construction Safety and Health Standard Part 601. “Air Contaminants for Construction,” R 325.60151 to R 325.60161.

(f) General Industry Safety Standard Part 76. “Spray Finishing Using Flammable and Combustible Materials,” R 408.17601 to R 408.17699.

History

• History: 2007 AACS; 2018 AACS; 2019 AACS.

Mich. Admin. Code R 325.62002 Rescinded {#sec-r-325.62002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62002}

History

• History: 2007 AACS; 2018 AACS.

Mich. Admin. Code R 325.62003 Rescinded {#sec-r-325.62003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62003}

History

• History: 2007 AACS; 2018 AACS.

Mich. Admin. Code R 325.62004 Rescinded {#sec-r-325.62004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62004}

History

• History: 2007 AACS; 2018 AACS.

Mich. Admin. Code R 325.62005 Rescinded {#sec-r-325.62005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62005}

History

• History: 2007 AACS; 2018 AACS.

Mich. Admin. Code R 325.62006 Rescinded {#sec-r-325.62006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62006}

History

• History: 2007 AACS; 2018 AACS.

R 325.62102 to R 325.62126 Part 621. Health Hazard Control for Specific Equipment and Operations for Construction

Mich. Admin. Code R 325.62104 Rescinded {#sec-r-325.62104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62104}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 621. HEALTH HAZARD CONTROL FOR SPECIFIC EQUIPMENT

AND OPERATIONS FOR CONSTRUCTION

R 325.62102. Adoption and availability of standards.

Rule 62102. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.154 “Temporary heating devices,” as in effect as of the effective date of these rules.

(b) 29 CFR 1926.300 “General requirements,” as amended March 7, 1996.

(c) 29 CFR 1926.302 “Power-operated hand tools,” as amended June 30, 1993.

(d) 29 CFR 1926.350 “Gas welding and cutting,” as amended June 30, 1993.

(e) 29 CFR 1926.353 “Ventilation and protection in welding, cutting, and heating,” as amended June 30, 1993.

(f) 29 CFR 1926.354 “Welding, cutting, and heating in way of preservative coatings,” as in effect as of the effective date of these rules.

(g) 29 CFR 1926.400 “Introduction,” as in effect as of the effective date of these rules.

(h) 29 CFR 1926.403 “General requirements,” as amended February 13, 1996.

(i) 29 CFR 1926.600 “Equipment,” as amended August 9, 2010.

(j) 29 CFR 1926.605 “Marine operations and equipment,” as amended July 22, 1977.

(k) 29 CFR 1926.850 “Preparatory operations,” as in effect as of the effective date of these rules.

(l) 29 CFR 1926.910 “Inspection after blasting,” as in effect as of the effective date of these rules.

(m) 29 CFR 1926.914 “Definitions applicable to this subpart,” as amended June 30, 1993.

(n) 29 CFR 1926.950 “General,” as amended October 5, 2015.

(2) A reference to 29 CFR part 1926 subpart D “Occupational Health and Environmental Controls,” means the following MIOSHA standards:

(a) Construction Safety Standard Part 1. “General Rules.”

(b) Construction Safety Standard Part 42. “Hazard Communication.”

(c) Occupational Health Standard Part 601. “Air Contaminants for Construction.”

(d) Construction Safety and Health Standard Part 603. “Lead Exposure in Construction.”

(e) Construction Safety and Health Standard Part 620. “Ventilation Control for Construction.”

(f) General Industry Safety Standard Part 76. “Spray Finishing Using Flammable and Combustible Materials.”

(g) General Industry Safety and Health Standard Part 303. “Methylenedianiline (MDA) in General Industry.”

(h) General Industry and Construction Safety and Health Standard Part 432. “Hazardous Waste Operations and Emergency Response.”

(i) Occupational Health Standard Part 430. “Hazard Communication.”

(j) Occupational Health Standard Part 591. “Process Safety Management of Highly Hazardous Chemicals.”

(k) Occupational Health Standard Part 680. “Noise Exposure.”

(l) Occupational Health Standard Part 681. “Radiation in Construction: Ionizing and Nonionizing.”

(3) A reference to 29 CFR part 1926 subpart E “Personal Protective and Life Saving Equipment,” means the following standards:

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(b) Occupational Health Standard Part 451. “Respiratory Protection.”

(c) Occupational Health Standard Part 680. “Noise Exposure.”

(4) A reference to 29 CFR part 1926 subpart K “Electrical,” means Construction Safety Standard Part 17. “Electrical Installations.”

(5) A reference to 29 CFR 1926.901 means Construction Safety Standard Part 27.

“Blasting and Use of Explosives.”

(6) A reference to 29 CFR 1910.269 means General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution.”

(7) A reference to 29 CFR part 1910 subpart T “Commercial Diving Operations,” means Occupational Health Standard Part 504. “Diving Operations.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(c) Construction Safety Standard Part 27. “Blasting and Use of Explosives,”

R 408.42701 to R 408.42799.

(d) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(e) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(f) Occupational Health Standard Part 601. “Air Contaminants for Construction,”

R 325.60151 to R 325.60161.

(g) Construction Safety and Health Standard Part 603. “Lead Exposure in Construction,” R 325.51983 to R 325.51993.

(h) Construction Safety and Health Standard Part 620. “Ventilation Control for Construction,” R 325.62001 to R 325.62006.

(i) General Industry Safety Standard Part 76. “Spray Finishing Using Flammable and Combustible Materials,” R 408.17601 to R 408.17699.

(j) General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution,” R 408.18601 to R 408.18610.

(k) General Industry Safety and Health Standard Part 303. “Methylenedianiline (MDA) in General Industry,” R 325.50051 to R 325.50076.

(l) General Industry and Construction Safety and Health Standard Part 432. Hazardous Waste Operations and Emergency Response,” R 325.52101 to R 325.52137.

(m) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(n) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(o) Occupational Health Standard Part 504. “Diving Operations,” R 325.50301 to R 325.50348.

(p) Occupational Health Standard Part 591. “Process Safety Management of Highly Hazardous Chemicals,” R 325.18301 to R 325.18303.

(q) Occupational Health Standard Part 680. “Noise Exposure,” R 325.60131 to R 325.60131.

(r) Occupational Health Standard Part 681. “Radiation in Construction: Ionizing and Nonionizing,” R 325.68101 to R 325.68102.

History: 2014 AACS; 2018 AACS.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62105 Rescinded {#sec-r-325.62105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62105}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62106 Rescinded {#sec-r-325.62106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62106}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62107 Rescinded {#sec-r-325.62107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62107}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62108 Rescinded {#sec-r-325.62108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62108}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62109 Rescinded {#sec-r-325.62109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62109}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62110 Rescinded {#sec-r-325.62110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62110}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62115 Rescinded {#sec-r-325.62115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62115}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62116 Rescinded {#sec-r-325.62116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62116}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62117 Rescinded {#sec-r-325.62117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62117}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62118 Rescinded {#sec-r-325.62118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62118}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62119 Rescinded {#sec-r-325.62119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62119}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62120 Rescinded {#sec-r-325.62120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62120}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62125 Rescinded {#sec-r-325.62125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62125}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.62126 Rescinded {#sec-r-325.62126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62126}

History

• History: 2014 AACS; 2018 AACS.

R 325.62991 to R 325.62996 Part 665. Underground Construction, Caissons, Cofferdams, and Compressed Air

Mich. Admin. Code R 325.62991 Underground construction; adoption of regulations by reference; exceptions {#sec-r-325.62991 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62991}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 665.UNDERGROUND CONSTRUCTION, CAISSONS, COFFERDAMS,

AND COMPRESSED AIR

Rule 1. (1) The federal Occupational Safety and Health Administration’s regulations on underground construction promulgated by the United States Department of Labor and codified at 29 CFR 1926.800, “Underground Construction,” are adopted by reference in these rules as of, May 14, 2019, except for the following regulations and except as provided in subrule (2) of this rule:

(a) Section 1926.800(b)(1) to (3).

(b) Section 1926.800(c).

(c) Section 1926.800(d).

(d) Section 1926.800(e)(2).

(e) Section 1926.800(f)(1) to (5).

(f) Section 1926.800(g)(1) to (5).

(g) Section 1926.800(i)(4) and (5).

(h) Section 1926.800(j)(1)(viii) and (2)(iv) and (v).

(i) Section 1926.800(m)(1) to (8) and (10) to (12).

(j) Section 1926.800(n)(2).

(k) Section 1926.800(o)(1) and (2), (3)(i) to (iv), and (4)(i) and (ii).

(l) Section 1926.800(p).

(m) Section 1926.800(q).

(n) Section 1926.800(r)(1) to (3), (5), (6)(i)(A) and (C), (7) to (13)(i), and (14) to (17).

(o) Section 1926.800(s)(1) to (2).

(p) Section 1926.800(t)(1)(ii), (iv)(A) and (B), (vi), (2), (3)(i), (ii), (viii), (ix), (xi), (xviii) to (xxiii), and (4)(ii) to (iv) and (vii).

(2) The following references in 29 CFR 1926.800, “Underground Construction,” have the following meanings:

(a) A reference to 29 CFR 1926.650 to 1926.652, subpart P, “Excavations,” means Construction Safety Standard Part 9. “Excavation, Trenching, and Shoring,” R 408.40901 to R 408.40953.

(b) A reference to 29 CFR 1926.950 to 1926.960, subpart V, “Electric Power Transmission and Distribution,” means Construction Safety Standard Part 16. “Power Transmission and Distribution,” R 408.41601 to R 408.41658.

(c) A reference to 29 CFR 1926.55, subpart D, “Gases, vapors, fumes, dusts, and mists,” means Construction Safety and Health Standard Part 601. “Air Contaminants for Construction,” R 325.60151 to R 325.60161.

(d) A reference to 29 CFR 1910.1020, “Access to employee exposure and medical records,” means General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) A reference to 29 CFR 1926.65, “Hazardous waste operations and emergency response,” means Construction Safety and Health Standard Part 632. “Hazardous Waste Operations and Emergency Response in Construction,” R 325.63201.

(f) A reference to 29 CFR 1926.56, “Illumination,” means Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(g) A reference to 29 CFR 1926.150 to 1926.159, subpart F, “Fire Protection and Prevention,” means Construction Safety Standard Part 18. “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(h) A reference to 29 CFR 1926.350 to 1926.354, subpart J, “Welding and Cutting,” means Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(i) A reference to 29 CFR 1926.400 to 449, subpart K, “Electrical,” means Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(j) A reference to 29 CFR 1926.550 to 1926.556, subpart N, “Helicopters, Hoists, Elevators, and Conveyors,” means Construction Safety and Health Standard Part 10.

“Cranes and Derricks,” R 408.41001 to R 408.41099a.

(3) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 1998-2000 AACS; 2004 AACS; 2021 MR 11, Eff. June 11, 2021.

Mich. Admin. Code R 325.62992 Caissons; adoption of regulations by reference {#sec-r-325.62992 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62992}

Rule 2. (1) The federal Occupational Safety and Health Administration’s regulations on caissons that have been promulgated by the United States Department of Labor and codified at 29 CFR 1926.801 are adopted by reference in these rules as of the effective date of these rules, except for the following sections:

(a) 1926.801(b).

(b) 1926.801(c).

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 1998-2000 AACS; 2004 AACS; 2021 MR 11, Eff. June 11, 2021.

Mich. Admin. Code R 325.62993 Rescinded {#sec-r-325.62993 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62993}

History

• History: 1995 AACS; 1998-2000 AACS.

Mich. Admin. Code R 325.62994 Compressed air; adoption of regulations by reference {#sec-r-325.62994 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62994}

Rule 4. (1) The federal Occupational Safety and Health Administration’s regulations on compressed air that have been promulgated by the United States Department of Labor and codified at 29 CFR 1926.803 are adopted by reference in these rules as of the effective date of these rules.

(2) The following references in 29 CFR 1926.803 have the following meanings:

(a) A reference to 29 CFR 1926.50 to 1926.66, subpart D, “Occupational Health and Environmental Controls,” means occupational health construction standards.

(b) A reference to 29 CFR 1926.400 to 449, subpart K, “Electrical,” means Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(c) A reference to 29 CFR 1926.900 to 1926.914, subpart U, “Blasting and the Use of Explosives,” means Construction Safety Standard Part 27. “Blasting and Use of Explosives,” R 408.42701 to R 408.42799.

(d) A reference to 29 CFR 1926.500 to 1926.503, subpart M, “Fall Protection,” means Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to 408.44502.

(e) A reference to 29 CFR 1926.800 to 804, subpart S, “Underground Construction, Caissons, Cofferdams, and Compressed Air,” means Construction Safety and Health Standard Part 14. “Tunnels, Shafts, Caissons, and Cofferdams,” R 408.41401 to R 408.41483 and Construction Safety and Health Standard Part 665. “Underground Construction, Caissons, Cofferdams, and Compressed Air,” R 325.62991 to R 325.62996.

(3) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 1998-2000 AACS; 2004 AACS; 2021 MR 11, Eff. June 11, 2021.

Mich. Admin. Code R 325.62995 Definitions applicable to underground construction, caissons, cofferdams, and compressed air; adoption by reference {#sec-r-325.62995 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62995}

Rule 5. (1) The federal Occupational Safety and Health Administration’s definitions applicable to underground construction, caissons, cofferdams, and compressed air that have been promulgated by the United States department of labor and codified at 29 CFR 1926.804 are adopted by reference in these rules as of the effective date of these rules.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, being §MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2004 AACS; 2021 MR 11, Eff. June 11, 2021.

Mich. Admin. Code R 325.62996 Availability of documents {#sec-r-325.62996 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.62996}

Rule 6. (1) The federal regulations adopted by reference in these rules are available without cost as of the time of adoption of these rules from the United States Department of Labor, OSHA, via the internet at website: www.osha.gov, or from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan 48909.

(2) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(c) Construction Safety Standard Part 9. “Excavation, Trenching, and Shoring,” R 408.40901 to R 408.40953.

(d) Construction Safety and Health Standard Part 10. “Cranes and Derricks,” R 408.41001 to R 408.41099a.

(e) Construction Safety and Health Standard Part 14. Tunnels, Shafts, Caissons, and Cofferdams, R 408.41401 to R 408.41483.

(f) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(g) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(h) Construction Safety Standard Part 18. “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(i) Construction Safety Standard Part 27. “Blasting and Use of Explosives,” R 408.42701 to R 408.42799.

(j) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to 408.44502.

(k) Construction Safety and Health Standard Part 632. “Hazardous Waste Operations and Emergency Response,” R 325.63201.

(l) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451to R 325.3476.

(m) Construction Safety and Health Standard Part 601. “Air Contaminants for Construction,” R 325.60151 to R 325.60161.

History

• History: 1995 AACS; 1998-2000 AACS; 2004 AACS; 2021 MR 11, Eff. June 11, 2021.

R 325.63001 to R 325.63049 Part 490. Permit-Required Confined Spaces

Mich. Admin. Code R 325.63001 Scope {#sec-r-325.63001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.63001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408. 1014 and MCL 408.1024, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 490. PERMIT-REQUIRED CONFINED SPACES

Rule 1. (1) These rules establish the minimum requirements for the practices and procedures to protect employees from the hazards associated with entry into permitrequired confined spaces.

(2) The provisions of these rules shall be applied unless they conflict with specific requirements for confined space entry in any other standard.

(3) The regulations adopted in these rules do not apply to the construction industry, agricultural operations, or shipyard employment.

History

• History: 1993 AACS; 1998-2000 AACS; 2017 AACS.

Mich. Admin. Code R 325.63002 Adoption of federal standard {#sec-r-325.63002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.63002}

Rule 2. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 1910.146 "Permit Required Confined Spaces," effective December 27, 2011.

(b) Appendix A “Permit-required confined space decision flow chart,” effective December 1, 1998.

(c) Appendix B “Procedures for atmospheric testing,” effective June 29, 1993.

(d) Appendix C “Examples of permit-required confined space programs,” effective June 29, 1993.

(e) Appendix D “Confined space pre-entry check list,” effective June 29, 1993.

(f) Appendix E “Sewer system entry,” effective May 19, 1994.

(g) Appendix F “Rescue team or rescue service evaluation criteria,” effective December 1, 1998.

(2) The regulations adopted in these rules have the same force and effect as rules promulgated under 1974 PA 154, the Michigan Occupational Safety and Health Act (MIOSHA), MCL 408.1001 to 408.1094.

(3) The regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(4) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(5) The regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History

• History: 1993 AACS; 1998-2000 AACS; 2017 AACS.

Mich. Admin. Code R 325.63049 Rescinded {#sec-r-325.63049 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.63049}

History

• History: 1993 AACS; 1998-2000 AACS; 2017 AACS.

R 325.63201 to R 325.63201 Part 632 Hazardous Waste Operations and Emergency Response in Construction

Mich. Admin. Code R 325.63201 Scope, adoption, and availability of standards {#sec-r-325.63201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.63201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 632. HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE IN

CONSTRUCTION

Rule 1. (1) These rules cover all of the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards:

(a) Clean-up operations required by a governmental body, whether federal, state, local, or other, involving hazardous substances that are conducted at uncontrolled hazardous waste sites, including, but not limited to, the federal Environmental Protection Agency’s (EPA's) national priority site list (npsl), state priority site lists, sites recommended for the EPA’s npsl, and initial investigations of government identified sites that are conducted before the presence or absence of hazardous substances has been ascertained.

(b) Corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA), 42 USC 6901 et seq.

(c) Voluntary clean-up operations at sites recognized by federal, state, local, or other governmental bodies as uncontrolled hazardous waste sites.

(d) Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (tsd) facilities regulated by 40 CFR parts 264 and 265 (February 22, 2019), pursuant to RCRA, or by agencies under agreement with the EPA to implement RCRA regulations.

(e) Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.65, “Hazardous waste operations and emergency response,” as amended February 18, 2020.

(b) 29 CFR 1926.65, appendix A “Personal protective equipment test methods,” as amended February 18, 2020.

(c) 29 CFR 1926.65, appendix B “General description and discussion of the levels of protection and protective gear,” as amended August 22, 1994.

(d) 29 CFR 1926.65, appendix C “Compliance guidelines,” as amended June 30, 1993.

(e) 29 CFR 1926.65, appendix D “References,” as amended February 13, 1996.

(f) 29 CFR 1926.65, appendix E “Training Curriculum Guidelines,” as amended February 8, 2013.

(3) A reference to 29 CFR 1926.20 and 1926.51 means Construction Safety Standard Part 1.

“General Rules.”

(4) A reference to 29 CFR 1926.33 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(5) A reference to 29 CFR 1926.35 means Construction Safety Standard Part 18. “Fire Protection and Prevention.”

(6) A reference to 29 CFR 1926.55 means Construction Safety and Health Standard Part 601.

“Air Contaminants for Construction.”

(7) A reference to 29 CFR 1926.59 means both of the following:

(a) Construction Safety Standard Part 42. “Hazard Communication.”

(b) Occupational Health Standard Part 430. “Hazard Communication.”

(8) A reference to 29 CFR 1926.97 means Construction Safety and Health Standard Part 6.

“Personal Protective Equipment.”

(9) A reference to 29 CFR 1926.103 means Occupational Health Standard Part 451. “Respiratory Protection.”

(10) A reference to 29 CFR 1926.159 “Employer alarm system,” means 29 CFR 1926.159; however, OSHA removed this regulation on June 20, 1996.

(11) A reference to 29 CFR part 1926, subpart D, means all of the following:

(a) Construction Safety Standard Part 1. “General Rules.”

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(c) Construction Safety Standard Part 42. “Hazard Communication.”

(d) Construction Safety Standard Part 91. “Process Safety Management of Highly Hazardous Chemicals.”

(e) Occupational Health Standard Part 430. “Hazard Communication.”

(f) Construction Safety and Health Standard Part 601. “Air Contaminants for Construction.”

(g) Construction Safety and Health Standard Part 603. “Lead Exposure in Construction.”

(h) Construction Safety and Health Standard Part 605. “Methylenedianiline (MDA) in Construction.”

(i) Construction Safety and Health Standard Part 620. “Ventilation Control for Construction.”

(j) Construction Safety and Health Standard Part 632. “Hazardous Waste Operations and Emergency Response in Construction.”

(k) Occupational Health Standard Part 680. “Occupational Noise Exposure.”

(l) Occupational Health Standard Part 681. “Radiation in Construction: Ionizing and Nonionizing.”

(12) A reference to 29 CFR part 1926, subpart E, means both of the following:

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(b) Construction Safety Standard Part 45. “Fall Protection.”

(13) A reference to 29 CFR part 1926, subpart F, means Construction Safety Standard Part 18.

“Fire Protection and Prevention.”

(14) A reference to 29 CFR part 1926, subpart P, means Construction Safety Standard Part 9.

“Excavation, Trenching, and Shoring.”

(15) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

(16) A reference to 29 CFR 1910.1200 means both of the following:

(a) General Industry Safety Standard Part 92. “Hazard Communication.”

(b) Occupational Health Standard Part 430. “Hazard Communication.”

(17) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(18) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(19) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, Michigan Occupational Safety and Health Administration (MIOSHA)

Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143.

(20) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(21) The following MIOSHA standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”

R 408.40601 to R 408.40660.

(c) Construction Safety Standard Part 9. “Excavation, Trenching and Shoring,” R 408.40901 to R 408.40953.

(d) Construction Safety Standard Part 18. “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(e) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R 408.44204.

(f) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(g) Construction Safety Standard Part 91. “Process Safety Management of Highly Hazardous Chemicals,” R 408.49101 to R 408.49103.

(h) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(i) Occupational Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.

(j) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(k) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.

(l) Construction Safety and Health Standard Part 601. “Air Contaminants for Construction,”

R 325.60151 to R 325.60161.

(m) Construction Safety and Health Standard Part 603. “Lead Exposure in Construction,”

R 325.51983 to R 325.51993.

(n) Construction Safety and Health Standard Part 605. “Methylenedianiline (MDA) in Construction,” R 325.60501.

(o) Construction Safety and Health Standard Part 620. “Ventilation Control for Construction,”

R 325.62001 to R 325.62006.

(p) Construction Safety and Health Standard Part 632. “Hazardous Waste Operations and Emergency Response in Construction,” R 325.63201.

(q) Occupational Health Standard Part 680. “Occupational Noise Exposure,” R 325.60131.

(r) Occupational Health Standard Part 681. “Radiation in Construction: Ionizing and Nonionizing,” R 325.68101 to R 325.68102.

(s) General Industry Safety Standard Part 92. “Hazard Communication,” R 408.19201 to R 408.19204.

History

• History: 2020 MR 11, Eff. June 15, 2020.

R 325.68101 to R 325.68102 Part 681. Radiation in Construction: Ionizing and Nonionizing

Mich. Admin. Code R 325.68101 Ionizing radiation {#sec-r-325.68101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.68101}

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of labor and economic growth by sections 14 and 24 of 1974 PA 154 and Executive Reorganization Orders Nos. 1996-1 and 1996-2, and 2003-1, MCL 408.1014, 408.1024, 330.3101, 445.2001, and 445.2011)

PART 681. RADIATION IN CONSTRUCTION: IONIZING AND

NONIONIZING

Rule 1. (1) In construction and related activities involving the use of sources of ionizing radiation, the pertinent provisions of the Nuclear Regulatory Commission Standards for Protection Against Radiation (10 CFR Part 20), relating to protection against occupational radiation exposure, shall apply.

(2) Any activity which involves the use of radioactive materials or X-rays, whether or not under license from the Nuclear Regulatory Commission, shall be performed by competent persons specially trained in the proper and safe operation of such equipment. In the case of materials used under Commission license, only persons actually licensed, or competent persons under direction and supervision of the licensee, shall perform such work.

(3) This rule replaces O.H. rule 6265.

History

• History: 2005 AACS.

Mich. Admin. Code R 325.68102 Nonionizing radiation; laser equipment {#sec-r-325.68102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.68102}

Rule 2. (1) Only qualified and trained employees shall be assigned to install, adjust, and operate laser equipment.

(2) Proof of qualification of the laser equipment operator shall be available and in possession of the operator at all times.

(3) Employees, when working in areas in which a potential exposure to direct or reflected laser light greater than 0.005 watts (5 milliwatts) exists, shall be provided with the following antilaser eye protection devices:

(a) Employees whose occupation or assignment requires exposure to laser beams shall be furnished suitable laser safety goggles which will protect for the specific wavelength of the laser and be of optical density (O.D.) adequate for the energy involved. Table E-3 lists the maximum power or energy density for which adequate protection is afforded by glasses of optical densities from 5 to 8.

TABLE E-3

SELECTING LASER SAFETY GLASS

Intensity, Attenuation CW Maximum Power Density Optical Density Attenuation Factor (watts/cm2) (O.D.) 10-2 5 105 10-1 6 106 1.0 7 107 10.0 8 108 Output levels falling between lines in this table shall require the higher optical density.

(b) All protective goggles shall bear a label identifying the following data:

(i) Laser wavelengths for which use is intended.

(ii)Optical density of those wavelengths.

(iii)Visible light transmission.

(4) Areas in which lasers are used shall be posted with standard laser warning placards.

(5) Beam shutters or caps shall be utilized, or the laser turned off, when laser transmission is not actually required. When the laser is left unattended for a substantial period of time, such as during lunch hour, overnight, or at change of shifts, the laser shall be turned off.

(6) Only mechanical or electronic means shall be used as a detector for guiding the internal alignment of the laser.

(7) The laser beam shall not be directed at employees.

(8) When it is raining or snowing, or when there is dust or fog in the air, the operation of laser systems shall be prohibited where practicable; in any event, employees shall be kept out of range of the area of source and target during such weather conditions.

(9) Laser equipment shall bear a label to indicate maximum output.

(10)Employees shall not be exposed to light intensities above any of the following:

(a) Direct staring: 1 micro-watt per square centimeter.

(b) Incidental observing: 1 milliwatt per square centimeter.

(c) Diffused reflected light: 2 1/2 watts per square centimeter.

(11)Laser unit in operation shall be set up above the heads of the employees, when possible.

(12)Employees shall not be exposed to microwave power densities in excess of 10 milliwatts per square centimeter.

(13)This rule replaces O.H. rule 6270.

History

• History: 2005 AACS.

R 325.69001 to R 325.69015 Part 690. Silica in Construction

Mich. Admin. Code R 325.69001 Scope {#sec-r-325.69001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.69001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14 and 24 of 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

OH PART 690 SILICA IN CONSTRUCTION

Rule 69001. This standard applies to all occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below 25 micrograms per cubic meter of air (25 μg/m ) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.

History

• History: 2017 AACS.

Mich. Admin. Code R 325.69005 Dates {#sec-r-325.69005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.69005}

Rule 69005. (1) All obligations of this standard, except requirements for methods of sample analysis in paragraph 1926.1153(d)(2)(v), shall commence June 23, 2017.

(2) Requirements for methods of sample analysis in paragraph 1926.1153(d)(2)(v) shall commence June 23, 2018.

History

• History: 2017 AACS.

Mich. Admin. Code R 325.69010 Adoption of standards {#sec-r-325.69010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.69010}

Rule 69010. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1926.1153 “Respirable Crystalline Silica,” paragraphs (c) to (j), effective June 23, 2016.

(b) Appendix A “Methods of Sample Analysis,” effective June 23, 2016.

(c) Appendix B “Medical Surveillance Guidelines,” effective June 23, 2016.

(2) As used in these rules, “29 CFR 1910.134” means Occupational Health Standard Part 451 Respiratory Protection.

(3) As used in these rules, “29 CFR 1910.1020” means Occupational Health Standard Part 470 Employee Medical Records and Trade Secrets.

(4) As used in these rules, “29 CFR 1910.1200” means Occupational Health Standard Part 430 Hazard Communication.

(5) As used in these rules, “29 CFR 1926.57” means Occupational Health Standard Part 620 Ventilation Control for Construction.

(6) As used in these rules, 1926.1153(a) means R 325.69001 Scope.

(7) As used in these rules, 1926.1153(b) means R 325.69015 Definitions.

(8) As used in these rules, 1926.1153(k) means R 325.69005 Dates.

(9) The federal regulation adopted in this rule has the same force and effect as a rule promulgated pursuant to the provisions of the Michigan occupational safety and health act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 2017 AACS.

Mich. Admin. Code R 325.69012 Adopted and referenced standards {#sec-r-325.69012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.69012}

Rule 69012. (1) The OSHA standard and appendices that are adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143; or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(b) Occupational Health Standard Part 451 “Respiratory Protection,” R 325.60051 and R 325.60052.

(c) Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,”

R 325.3451 to R 325.3476.

(d) Occupational Health Standard Part 620 “Ventilation Control for Construction,”

R 325.62001 to R 325.62006.

History

• History: 2017 AACS.

Mich. Admin. Code R 325.69015 Definitions {#sec-r-325.69015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.69015}

Rule 69015. (1) “Action level” means a concentration of airborne respirable crystalline silica of 25 μg/m , calculated as an 8-hour TWA.

(2) “Assistant Secretary” means the director of the department of licensing and regulatory affairs or his or her designated representative.

(3) “Director” means the director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.

(4) “Competent person” means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in paragraph (g) of 1926.1153.

(5) “Employee exposure” means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator.

(6) “High-efficiency particulate air [HEPA] filter” means a filter that is at least 99.97 percent efficient in removing mono-dispersed particles of 0.3 micrometers in diameter.

(7) “Objective data” means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.

(8) “Physician or other licensed health care professional [PLHCP]” means an individual whose legally permitted scope of practice, such as license, registration, or certification, allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by 1926.1153(h).

(9) “Respirable crystalline silica” means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality—Particle Size Fraction Definitions for Health-Related Sampling.

(10) “Specialist” means an American Board Certified Specialist in Pulmonary Disease or an American Board Certified Specialist in Occupational Medicine.

History

• History: 2017 AACS.

R 325.70001 to R 325.70018 Part 554. Bloodborne Infectious Diseases

Mich. Admin. Code R 325.70001 Scope, application, and referenced standards {#sec-r-325.70001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 554. BLOODBORNE INFECTIOUS DISEASES

Rule 1. (1) These rules apply to all employers that have employees with occupational exposure to blood and other potentially infectious material.

(2) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143, or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(b) MIOSHA Safety and Health Standard Part 11. “Recording and Reporting of Occupational Injuries and Illnesses,” R 408.22101 to R 408.22162.

(3) The appendices to these rules are informational only and are not intended to create any additional obligations or requirements not otherwise imposed by these rules or to detract from any established obligations or requirements.

History

• History: 1993 AACS; 2001 AACS; 2021 MR 8, Eff. Apr. 27, 2021.

Mich. Admin. Code R 325.70001a Rescinded {#sec-r-325.70001a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70001a}

History 2014 AACS; 2021 MR 8, Eff. Apr. 27, 2021.

Mich. Admin. Code R 325.70002 Definitions {#sec-r-325.70002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70002}

Rule 2. As used in these rules:

(a) “Act” means Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(b) “Biologically hazardous conditions” means equipment, containers, rooms, materials, experimental animals, animals infected with HBV or HIV virus, or combinations thereof that contain, or are contaminated with, blood or other potentially infectious material.

(c) “Blood” means human blood, human blood components, and products made from human blood.

(d) “Bloodborne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

(e) “Clinical laboratory” means a workplace where diagnostic or other screening procedures are performed on blood or other potentially infectious material.

(f) “Contaminated” means the presence or the reasonably anticipated presence of blood or other potentially infectious material on an item or surface.

(g) “Contaminated laundry” means laundry that has been soiled with blood or other potentially infectious materials or that may contain sharps.

(h) “Contaminated sharps” means any contaminated object that can penetrate the skin, including any of the following:

(i) Needles.

(ii) Scalpels.

(iii) Broken glass.

(iv) Broken capillary tubes.

(v) Exposed ends of dental wires.

(i) “Decontamination” means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

(j) “Department” means the department of licensing and regulatory affairs.

(k) “Director” means the director of the department or his or her designee.

(l) “Disinfect” means to inactivate virtually all recognized pathogenic microorganisms, but not necessarily all microbial forms, on inanimate objects.

(m) “Engineering controls” means controls, for example, sharps disposal containers, self-sheathing needles, or safer medical devices, such as sharps with engineered sharps injury protections and needleless systems, that isolate or remove the bloodborne pathogen hazard from the workplace.

(n) “Exposure” means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties. “Exposure” does not include incidental exposures that may take place on the job, that are neither reasonably nor routinely expected, and that the worker is not required to incur in the normal course of employment.

(o) “Exposure incident” means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious material that results from the performance of an employee’s duties.

(p) “Handwashing facilities” means facilities that provide an adequate supply of running, potable water, soap, and single-use towels or an air drying machine.

(q) “Licensed health care professional” means a person whose legally permitted scope of practice allows him or her to independently perform the activities required by R 325.70013 concerning hepatitis B vaccination and post-exposure evaluation and follow-up.

(r) “Needleless systems” means a device that does not use needles for any of the following:

(i) The collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established.

(ii) The administration of medication or fluids.

(iii) Any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps.

(s) “Other potentially infectious material” means any of the following:

(i) Any of the following human body fluids:

(A) Semen.

(B) Vaginal secretions.

(C) Amniotic fluid.

(D) Cerebrospinal fluid.

(E) Peritoneal fluid.

(F) Pleural fluid.

(G) Pericardial fluid.

(H) Synovial fluid.

(I) Saliva in dental procedures.

(J) Any body fluid that is visibly contaminated with blood.

(K) All body fluids in situations where it is difficult or impossible to differentiate between body fluids.

(ii) Any unfixed tissue or organ, other than intact skin, from a living or dead human.

(iii) Cell or tissue cultures that contain HIV, organ cultures, and culture medium or other solutions that contain HIV or HBV; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

(t) “Parenteral” means exposure occurring as a result of piercing mucous membrane or the skin barrier, such as exposure through subcutaneous, intramuscular, intravenous, or arterial routes resulting from needlesticks, human bites, cuts, and abrasions.

(u) “Personal protective equipment” or “PPE” means specialized clothing or equipment that is worn by an employee to protect him or her from a hazard. General work clothes, such as uniforms, pants, shirts, or blouses, that are not intended to function as protection against a hazard are not considered to be personal protective equipment.

(v) “Production facility” means a facility that is engaged in the industrial-scale, large-volume production of HIV or HBV or in the high-concentration production of HIV or HBV.

(w) “Regulated waste” means any of the following:

(i) Liquid or semiliquid blood or other potentially infectious material.

(ii) Contaminated items that would release blood or other potentially infectious material in a liquid or semiliquid state if compressed.

(iii) Items that are caked with dried blood or other potentially infectious material and that are capable of releasing these materials during handling.

(iv) Contaminated sharps.

(v) Pathological and microbiological waste that contains blood and other potentially infectious material.

(x) “Research laboratory” means a laboratory that produces or uses research laboratory-scale amounts of HIV or HBV. A research laboratory may produce high concentrations of HIV or HBV, but not in the volume found in a production facility.

(y) “Sharps with engineered sharps injury protections” means a nonneedle sharp or a needle device that is used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, and that has a build-in safety feature or mechanism that effectively reduces the risk of an exposure incident.

(z) “Source individual” means any living or dead individual whose blood or other potentially infectious material may be a source of occupational exposure to an employee.

Examples of a source individual include all of the following:

(i) A patient of a hospital or clinic.

(ii) A client of an institution for the developmentally disabled.

(iii) A victim of trauma.

(iv) A client of a drug or alcohol treatment facility.

(v) A resident of a hospice or nursing home.

(vi) Human remains.

(vii) An individual who donates or sells his or her blood or blood components.

(aa) “Standard operating procedures (SOPs)” means any of the following that address the performance of work activities so as to reduce the risk of exposure to blood and other potentially infectious material:

(i) Written policies.

(ii) Written procedures.

(iii) Written directives.

(iv) Written standards of practice.

(v) Written protocols.

(vi) Written systems of practice.

(vii) Elements of an infection control program.

(bb) “Sterilize” means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.

(cc) “Universal precautions” means a method of infection control that treats all human blood and other potentially infectious material as capable of transmitting HIV, HBV, and other bloodborne pathogens.

(dd) “Work practices” means controls that reduce the likelihood of exposure to bloodborne pathogens by altering the manner in which a task is performed.

History

• History: 1993 AACS; 1996 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.70003 Exposure determination {#sec-r-325.70003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70003}

Rule 3. (1) An employer shall evaluate routine and reasonably anticipated tasks and procedures to determine whether there is actual or reasonably anticipated employee exposure to blood or other potentially infectious material. Based on this evaluation, an employer shall categorize all employees into category A or B as follows:

(a) Category A consists of occupations that require procedures or other occupationrelated tasks that involve exposure or reasonably anticipated exposure to blood or other potentially infectious material or that involve a likelihood for spills or splashes of blood or other potentially infectious material. This includes procedures or tasks conducted in nonroutine situations as a condition of employment.

(b) Category B consists of occupations that do not require tasks that involve exposure to blood or other potentially infectious material on a routine or nonroutine basis as a condition of employment. Employees in occupations in this category do not perform or assist in emergency medical care or first aid and are not reasonably anticipated to be exposed in any other way.

(2) An exposure determination shall be made without regard to the use of personal protective clothing and equipment.

(3) An employer shall maintain a list of all job classifications that are determined to be category A.

History

• History: 1993 AACS; 2014 AACS.

Mich. Admin. Code R 325.70004 Exposure control plan {#sec-r-325.70004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70004}

Rule 4. (a) If an employee is determined to be in category A, then an employer shall establish a written exposure control plan to minimize or eliminate employee exposure.

(b) An exposure control plan shall contain all of the following information:

(i) The exposure determination required by R 325.70003(1).

(ii) The schedule and method of implementation for each applicable rule.

(iii)The contents or a summary of the training program required by R 325.70016.

(iv) The procedures for the evaluation of circumstances surrounding exposure incidents as required by R 325.70013(5).

(v) Task-specific standard operating procedures (SOPs) that address all of the following areas:

(A) Employee recognition of reasonably anticipated exposure to blood and other potentially infectious material.

(B) Appropriate selection, use, maintenance, and disposal of personal protective equipment.

(C) Contingency plans for foreseeable circumstances that prevent following the recommended SOPs.

(c) General employer policies or task-specific SOPs shall address the management of inadvertent exposures such as needlesticks or mucus membrane exposures.

(d) The exposure control plan shall be reviewed at least annually and updated as necessary. A review shall consider changes in employees' tasks and procedures and the latest information from the centers for disease control or the department. See appendix A for addresses of these agencies. The review and update of the exposure control plans shall comply with both of the following provisions:

(i) Reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens.

(ii) Document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.

(e) An employer shall ensure that only a person who has knowledge of applicable control practices is authorized to write and to review an exposure control plan.

(f) An employer shall ensure that the exposure control plan is made available to the director or a representative of the director for examination and copying upon request.

(g) An employer shall ensure that a copy of the exposure control plan is accessible to category A employees in accordance with Occupational Health Standard Part 470 “Employee Medical Records and Trade Secrets,” as referenced in R 325.70001a.

(h) An employer, who is required to establish an exposure control plan shall solicit input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective engineering and work practice controls and shall document the solicitation in the exposure control plan.

History

• History: 1993 AACS; 1996 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.70005 Universal precautions {#sec-r-325.70005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70005}

Rule 5. Universal precautions shall be observed to prevent contact with blood and other potentially infectious materials. If differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.

History

• History: 1993 AACS; 1996 AACS.

Mich. Admin. Code R 325.70006 Engineering controls {#sec-r-325.70006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70006}

Rule 6. (1) Engineering controls shall be used in combination with work practice controls to minimize or eliminate employee exposure to blood and other potentially infectious material. Where exposure remains after use of engineering and work practice controls, personal protective equipment shall also be used.

(2) Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness.

(3) An employer shall provide hand-washing facilities which are readily accessible to employees. When provision of hand-washing facilities is not feasible, an employer shall provide an appropriate antiseptic hand cleanser with clean cloth or paper towels or antiseptic towelettes.

History

• History: 1993 AACS.

Mich. Admin. Code R 325.70007 Work practices {#sec-r-325.70007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70007}

Rule 7. At a minimum, work practices shall ensure all of the following:

(a) All personal protective equipment shall be removed before leaving the work area and shall be placed in an appropriately designated area or container for storage, washing, decontamination, or disposal.

(b) If a garment is penetrated by blood or other potentially infectious materials, the garment shall be removed immediately or as soon as feasible.

(c) Employers shall provide handwashing facilities that are readily accessible to employees. When provision of handwashing facilities is not feasible, the employer shall provide either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, employees shall wash hands with soap and running water as soon as feasible.

(d) Employers shall ensure that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment.

(e) Employers shall ensure that employees wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials.

(f) Used needles and other contaminated sharps shall not be sheared, bent, or broken and shall not be recapped or resheathed where other disposal methods are practical. Used needles and other sharps shall not be recapped, resheathed, or removed unless the employer can demonstrate that no alternative is feasible or that such action is required by a specific medical procedure. Needle recapping or removal shall be accomplished by use of a mechanical device or a 1-handed technique. The disposal of needles and sharps shall be accomplished in accordance with the provisions of R 325.70010.

(g) Eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses is prohibited in laboratories and other work areas where there is a reasonable likelihood of exposure.

(h) Food and drink shall not be stored in refrigerators, freezers, shelves, cabinets, or on countertops or benchtops where blood or other potentially infectious material is present or in other areas of possible contamination.

(i) All procedures that involve blood or other potentially infectious material shall be performed in a manner that minimizes splashing, spraying, and aerosolization of blood or other potentially infectious material.

(j) Mouth pipetting or suctioning is prohibited.

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 325.70008 Protective work clothing and equipment {#sec-r-325.70008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70008}

Rule 8. An employer shall provide protective work clothing and equipment used in the following:

(a) When there is occupational exposure, an employer shall provide, at no cost to the employee, and assure that an employee uses, appropriate personal protective clothing and equipment, such as any of the following:

(i) Gloves.

(ii) Gowns.

(iii) Fluid-proof aprons.

(iv) Laboratory coats.

(v) Head and foot coverings.

(vi) Faceshields or mask and eye protection.

(vii) Mouthpieces.

(viii) Resuscitation bags.

(ix) Pocket masks.

(x) Other ventilation devices.

Personal protective equipment is appropriate only if it does not permit blood or other potentially infectious material to pass through to or reach the employee’s work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time that the protective equipment is used.

(b) An employer shall ensure that an employee uses appropriate personal protective equipment unless the employer shows that the employee temporarily and briefly declined to use PPE when, under rare and extraordinary circumstances, it was the employee’s professional judgment that in the specific instance the use of PPE would have prevented the delivery of health care or public safety services or would have posed an increased hazard to the safety of the worker or coworker. When the employee makes this judgment, the circumstances shall be investigated and documented to determine if changes can be made to prevent future occurrences.

(c) An employer shall assure that appropriate protective equipment and clothing in the appropriate sizes are readily accessible at the worksite or issued to employees at no cost to the employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives shall be readily accessible to employees who are allergic to the gloves normally provided. See appendix A for more information.

(d) An employer shall provide for the cleaning, laundering, or disposing of protective clothing and equipment required by this rule.

(e) An employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.

(f) An employee shall wear gloves if there is a reasonable anticipation of direct skin contact with blood, other potentially infectious material, mucous membranes, or nonintact skin of patients; when performing vascular access procedures, except as specified in subdivision (g) of this subrule; and when handling items or surfaces that are soiled with blood or other potentially infectious material. Disposable (single-use) gloves, such as surgical or examination gloves, shall be replaced as soon as practical if contaminated or as soon as feasible if torn, punctured, or ineffective as barriers.

Disposable gloves shall not be washed or decontaminated for reuse. Utility gloves shall be discarded if any are cracked, peeling, discolored, torn, or punctured or exhibit other signs of deterioration, but may be decontaminated for reuse if the integrity of the glove is maintained.

(g) If an employer of a volunteer blood donation center judges that routine gloving for all phlebotomies is not necessary, the employer shall do all of the following:

(i) Periodically reevaluate this policy.

(ii) Make appropriate gloves available to all employees who wish to use them for phlebotomy.

(iii) Not discourage the use of gloves for phlebotomy.

(iv) Require that gloves be used for phlebotomy in the following circumstances:

(A) When the employee has cuts, scratches, or other breaks in the skin on his or her hands or wrists.

(B) When the employee judges that hand contamination with blood may occur, for example, when performing phlebotomy on an uncooperative patient.

(C) When the employee is receiving training in phlebotomy.

(h) Employees shall wear masks and eye protection or chin-length face shields as appropriate if splashes, sprays, spatters, droplets, or aerosols of blood or other potentially infectious material may be generated and if there is a likelihood for eye, nose, or mouth contamination.

(i) Employees shall wear gowns, lab coats, aprons, clinic jackets, or similar outer garments where appropriate if there is a reasonably anticipated exposure. Such clothing shall protect all areas of exposed skin that have a significant likelihood for contamination.

The type of characteristics will depend upon the task and degree of exposure anticipated.

(j) Employees shall wear surgical caps or hoods and shoe covers or boots where appropriate if there is a reasonable anticipation of gross contamination, for example, in autopsies and orthopedic surgery.

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 325.70009 Housekeeping {#sec-r-325.70009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70009}

Rule 9. (1) An employer shall assure that the worksite is maintained in a clean and sanitary condition. An employer shall determine and implement an appropriate written schedule for cleaning and for the method of decontamination based on all of the following:

(a) The location within a facility.

(b) The type of surface to be cleaned.

(c) The type of soil present.

(d) The tasks or procedures being performed.

(2) All equipment and environmental and working surfaces shall be maintained in a sanitary condition as follows:

(a) Work surfaces shall be cleaned and appropriately decontaminated with an appropriate disinfectant in all of the following instances:

(i) After completion of procedures.

(ii) When surfaces are overtly contaminated.

(iii) Immediately when blood or other potentially infectious material is spilled.

(iv) At the end of the work shift if the surface may have become contaminated since the last cleaning. See appendix A for supplemental information.

(b) Protective coverings such as plastic wrap, aluminum foil, or plastic-backed, absorbent paper may be used to cover equipment and environmental surfaces. These coverings shall be removed and replaced at the end of the work shift if contaminated or as soon as feasible when they become overly contaminated.

(c) Equipment that may become contaminated with blood or other potentially infectious material shall be examined before servicing or shipping and shall be decontaminated as necessary unless the employer can demonstrate that decontamination is not feasible. If decontamination is not feasible, the employer shall ensure that a readily observable label which states the portions of the equipment that remain contaminated and that is in compliance with R 325.70014(2)(h) is attached to the equipment. The employer shall ensure that all affected employees, the servicing representative, or the manufacturer, as appropriate, is notified that equipment decontamination is not feasible and is notified of the portions of the equipment that remain contaminated before handling, servicing, or shipping so that appropriate precautions will be taken.

(d) All bins, pails, cans, and similar receptacles that are intended for reuse and that have a reasonable likelihood for becoming contaminated with blood and other potentially infectious material shall be inspected and decontaminated on a regularly scheduled basis and shall be cleaned and decontaminated immediately, or as soon as possible, upon visible contamination.

(e) Broken glassware that may be contaminated shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dust pan, tongs, cotton swabs, or forceps.

(f) Specimens of blood or other potentially infectious material shall be placed in a closable leakproof container during collection, handling, processing, storing, transporting, or shipping. If contamination of the outside of a primary container is likely, a second leakproof container shall be placed over the outside of the first and closed to prevent leakage during handling, processing, storing, transporting, or shipping. If puncture of the primary container is likely, then the primary container shall be placed within a leakproof, puncture-resistant secondary container. All containers shall be labeled or color-coded in accordance of R 325.70014.

(g) Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 325.70010 Regulated waste disposal {#sec-r-325.70010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70010}

Rule 10. (1) All regulated waste that is being disposed of shall be placed in closable, leakproof containers or bags that are color-coded or labeled as required by the provisions of R 325.70014. If outside contamination of the container or bag is likely to occur, then a second leakproof container or bag that is closable and labeled or color-coded shall be placed over the outside of the first and closed to prevent leakage during handling, storage, and transport.

(2) Immediately after use, contaminated sharps shall be disposed of in closable, leakproof, puncture-resistant, disposable containers that are labeled or color-coded according to the provisions of R 325.70014. These containers shall be easily accessible to personnel; shall be located in the immediate area of use or where sharps are likely to be found, unless needles are mechanically recapped and transported through nonpublic corridors to the container; and shall be replaced routinely and not allowed to overfill.

(3) The disposal of all medical waste shall be in compliance with the provisions of sections 13801 to 13831 of Act No. 368 of the Public Acts of 1978, as amended, being SS333.13801 to 333.13831 of the Michigan Compiled Laws, and known as the medical waste regulatory act.

History

• History: 1993 AACS.

Mich. Admin. Code R 325.70011 Laundry {#sec-r-325.70011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70011}

Rule 11. (1) Laundry that is or may be soiled with blood or other potentially infectious material or that may contain contaminated sharps shall be treated as if it were contaminated and shall be handled as little as possible with a minimum of agitation.

(2) Contaminated laundry shall be bagged at the location where it was used and shall not be sorted or rinsed in areas where patients are cared for.

(3) Contaminated laundry shall be placed and transported in bags or containers labeled or color-coded in accordance with R 325.70014. If laundry is wet and presents the likelihood for soaking through or leaking from the bag, it shall be placed and transported in leakproof bags.

(4) An employer shall ensure that laundry workers wear protective gloves and other appropriate personal protective work clothing while handling contaminated laundry.

(5) When an employer follows universal precautions in the handling of all soiled laundry, alternative labeling or color coding is sufficient if it permits all employees to recognize the containers that are required to be in compliance with universal precautions.

(6) When an employer ships contaminated laundry off-site to a facility that does not use universal precautions in the handling of all laundry, the shipping employer shall use bags or containers that are labeled or color-coded in accordance with R 325.70014.

History

• History: 1993 AACS; 2014 AACS.

Mich. Admin. Code R 325.70012 HIV and HBV research laboratories and production facilities {#sec-r-325.70012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70012}

Rule 12. (1) This rule applies to research laboratories and production facilities that are engaged in the culture, production, concentration, experimentation, and manipulation of HIV and HBV. This rule applies to such laboratories and facilities in addition to the other requirements of these rules. This rule does not apply to clinical or diagnostic laboratories that are engaged solely in the analysis of blood, tissues, or organs.

(2) Research laboratories and production facilities shall be in compliance with all of the following requirements:

(a) All infectious liquid or solid waste shall be incinerated or decontaminated by a method known to effectively destroy bloodborne pathogens before being disposed of.

(b) Laboratory doors shall be kept closed when work involving HIV or HBV is in progress.

(c) Contaminated materials that are to be decontaminated at a site away from the work area shall be placed in a durable, leakproof, labeled or color-coded container that is closed before being removed from the work area.

(d) Access to the work area shall be limited to authorized persons only.Written policies and procedures shall be established whereby only persons who have been advised of the biohazard, who meet any specific entry requirements, and who comply with all entry and exit procedures shall be allowed to enter the work areas and animal rooms.

(e) When other potentially infectious material or infected animals are present in the work area or containment module, a hazard warning sign that incorporates the universal biohazard symbol shall be posted on all access doors. The hazard warning sign shall be in compliance with the provisions of R 325.70014(1).

(f) All activities that involve other potentially infectious material shall be conducted in biological safety cabinets or other physical containment devices within the containment module. Work with such material shall not be conducted on the open bench.

(g) Laboratory coats, gowns, smocks, uniforms, or other appropriate protective clothing shall be used in the work area and animal rooms.Protective clothing shall not be worn outside of the work area and shall be decontaminated before being laundered.

(h) Special care shall be taken to avoid skin contamination with other potentially infectious materials. Gloves shall be worn when handling infected animals and when making contact with other potentially infectious materials is unavoidable.

(i) All waste from work areas, including animal rooms, shall be incinerated or decontaminated by a method known to effectively destroy bloodborne pathogens before disposal.

(j) Vacuum lines shall be protected with high-efficiency particulate air (HEPA) filters, or equivalent filters, and liquid disinfectant traps.Filters and traps shall be checked routinely and maintained or replaced as necessary.

(k) Hypodermic needles, syringes, and other sharp instruments shall be used only when a safer alternate technique is not feasible. Only needle-locking syringes or disposable syringe with needle units that have a needle as an integral part of the syringe shall be used for the injection or aspiration of other potentially infectious material. Extreme caution shall be used when handling needles and syringes to avoid autoinoculation and the generation of aerosols during use and disposal. A needle shall not be bent, sheared, replaced in the sheath or guard, or removed from the syringe after being used. The needle and syringe shall be promptly placed in a puncture-resistant container and decontaminated, preferably by autoclaving, before being discarded or reused.

(l) A spill or accident that results in an exposure incident shall be immediately reported to the laboratory director or another responsible person. Spills shall immediately be contained and cleaned up by appropriate professional staff who are trained and equipped to work with potentially concentrated infectious material.

(m) A biosafety manual shall be prepared or adopted and reviewed and updated at least annually. Personnel shall be advised of potential hazards and shall be required to read and follow instructions on practices and procedures.

(n) Both of the following containment equipment requirements shall be complied with:

(i) Class I, II, or III certified biological safety cabinets or other appropriate combinations of personal protection or physical containment devices, such as any of the following, shall be used for all activities with other potentially infectious material that poses a threat of exposure to droplets, splashes, spills, or aerosols:

(A) Special protective clothing.

(B) Respirators.

(C) Centrifuge safety cups.

(D) Sealed centrifuge rotors.

(E) Containment caging for animals.

(ii) Biological safety cabinets shall be certified when installed, at least annually, and when they are relocated.

(3) HIV and HBV research laboratories shall be in compliance with both of the following requirements:

(a) Each laboratory shall contain a sink for washing hands and an eye wash station that are readily available in the work area.

(b) An autoclave for the decontamination of regulated wastes shall be available.

(4) HIV and HBV production facilities shall be in compliance with all of the following requirements:

(a) The work areas shall be separated from areas that are open to an unrestricted traffic flow within the building. Passage through 2 sets of doors shall be the basic requirement for entry into the work area from access corridors or other contiguous areas. Physical separation of the high-containment work area from access corridors or other areas or activities may also be provided by a double-doored room for changing clothes, an airlock, or other access facility that requires passing through 2 sets of doors before entering the work area. Showers may be included as part of the changing room.

(b) The interior surfaces of walls, floors, and ceilings shall be water-resistant so that they can be easily cleaned. Penetrations in these surfaces shall be sealed or capable of being sealed to facilitate decontamination of the work area.

(c) Each work area shall contain a sink for washing hands. The sink shall be foot-operated, elbow-operated, or automatically operated and shall be located near the exit door of the work area.

(d) Access doors to the work area or containment module shall be selfclosing.

(e) An autoclave for the decontamination of infectious wastes shall be available within, or as near as possible to, the work area.

(f) A ducted exhaust air ventilation system shall be provided. This system shall create directional airflow that draws air into the work area through the entry area. The exhaust air shall not be recirculated to any other area of the building, shall be discharged to the outside, and shall be dispersed away from occupied areas and air intakes. The proper direction of the airflow into the work area shall be verified.

(5) Additional training requirements for employees in HIV and HBV research laboratories and HIV and HBV production facilities are specified in R 325.70016(6).

History

• History: 1993 AACS; 1996 AACS.

Mich. Admin. Code R 325.70013 Vaccinations and postexposure follow-up {#sec-r-325.70013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70013}

Rule 13. (1) An employer shall assure that all medical evaluations are procedures that are performed by or under the supervision of a licensed physician or other licensed health care professional and that all laboratory tests are conducted by an accredited laboratory.

(2) An employer shall assure that all evaluations, procedures, vaccinations, and postexposure prophylaxes are provided without cost to the employee, at a reasonable time and place, and according to current recommendations of the United States public health service, unless in conflict with this rule.

(3) An employer shall assure that all employees will receive appropriate counseling with regard to medical risks and benefits before undergoing any evaluations, procedures, vaccinations, or postexposure prophylaxes.

(4) Within 10 working days of the time of initial assignment and after the employee has received training required by R 325.70016(5)(i), an employer shall make all of the following available to each category A employee:

(a) A hepatitis B vaccination. If an employee initially declines vaccination, but at a later date, while still covered under these rules, decides to accept the HBV vaccine, the employer shall provide the vaccine at that time. If a booster dose or doses are recommended by the United States public health service at a future date, the booster dose or doses shall be made available.

(b) If an employee has previously received the complete HBV vaccination series, is found to be immune to HBV by virtue of adequate antibody titer, or the vaccine is contraindicated for medical reasons, then the employer is not required to offer the HBV vaccine to that employee.

(c) An employer shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination.

(d) An employer shall assure that an employee who declines to accept hepatitis B vaccination signs a waiver statement with all of the following provisions:

(i) Understanding of risk.

(ii) Acknowledgment of opportunity of vaccination at no cost.

(iii) Declining vaccination.

(iv) Future availability of vaccination at no cost if desired, if still in at-risk status.

See appendix B for a sample of an acceptable waiver statement.

(5) An employer shall provide each exposed employee with an opportunity to have a confidential medical evaluation and follow-up subsequent to a reported occupational exposure incident to blood or other potentially infectious material. The evaluation and follow-up shall include, at a minimum, all of the following elements:

(a) Documentation of the route or routes of exposure and the circumstances under which the exposure incident occurred.

(b) Identification and documentation of the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law, shall include all of the following:

(i) The source individual’s blood shall be tested as soon as feasible and after consent is obtained to determine HBV and HIV infectivity. If consent is not obtained, the employer shall establish that legally required consent cannot be obtained. If the source individual’s consent is not required by law, his or her blood, if available, shall be tested and the results documented.

(ii) If the source individual is already known to be infected with HBV or HIV, testing need not be repeated.

(iii) Results of the source individual’s testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.

(c) Collection and testing of blood or HBV and HIV serological status shall include both of the following:

(i) The exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained.

(ii) If the exposed employee consents to baseline blood collection, but not to HIV testing at that time, the sample shall be preserved for not less than 90 days. If within the 90 days the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible.

(d) Postexposure prophylaxis, when medically indicated, as recommended by the United States public health service.

(e) Counseling on risk reduction and the risks and benefits of HIV testing in accordance with state law.

(f) Evaluation of reported illnesses.

(6) An employer shall ensure that the health care professional who is responsible for the hepatitis B Vaccination is provided with a copy of these rules and appendices. An employer shall ensure that the health care professional who evaluates an employee after an exposure incident is provided with all of the following information:

(a) A description of the affected employee’s duties as they relate to the employee’s exposure incident.

(b) Documentation of the route or routes of exposure and the circumstances under which exposure occurred.

(c) Results of the source individual’s blood testing, if available.

(d) All medical records that are relevant to the appropriate treatment of the employee, including vaccination status, and that are the employer’s responsibility to maintain.

(7) For each evaluation pursuant to the provisions of this rule, an employer shall obtain, and provide an employee with a copy of, the evaluating health care professional’s written opinion within 15 working days of the completion of the evaluation. The written opinion shall be limited to the following information:

(a) Whether hepatitis B vaccination is indicated for an employee and if the employee has received such vaccination.

(b) A statement that the employee has been informed of the results of the medical evaluation and that the employee has been told about any medical conditions that have resulted from exposure to blood or other potentially infectious material and that require further evaluation or treatment. The written opinion obtained by the employer shall not reveal specific findings or diagnoses that are unrelated to the employee’s ability to wear protective clothing and equipment or receive vaccinations. Such findings and diagnoses shall remain confidential.

(8) Medical records that are required by these rules shall be maintained in accordance with R 325.70015.

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 325.70014 Communication of hazards to employees {#sec-r-325.70014 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70014}

Rule 14. (1) An employer shall post signs at the entrance to work areas specified in R 325.70012. The signs shall bear the following legend: [Name of infectious agent] [Special requirements for entering the area] [Name and telephone number of the laboratory director or other responsible person]

These signs shall be fluorescent orange-red with lettering and symbols in a contrasting color.

(2) Labels shall be in compliance with all of the following requirements:

(a) Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers that contain blood or other potentially infectious material, and other containers that are used to store or transport blood or other potentially infectious material, except as provided in subdivision (e) or (f) of this subrule.

(b) Labels that are required pursuant to this rule shall include the follow legend:

(c) Labels shall be fluorescent orange or orange-red or predominately orange or orange-red, with lettering or symbols in a contrasting color.

(d) Labels shall either be an integral part of the container or shall be affixed as close as safely possible to the container by string, wire, or adhesive or by another method that prevents the loss of labels or the unintentional removal of labels.

(e) Red bags or red containers may be substituted for labels.

(f) Containers of blood, blood components, or blood products that are labeled as to their contents and that have been released for transfusion or other clinical use are exempted from the labeling requirements of this rule.

(g) Individual containers of blood or other potentially infectious materials that are placed in a labeled container during storage, transport, shipment, or disposal are exempted from labeling requirements.

(h) Labels required for contaminated equipment shall be in accordance this subrule and shall also describe which portions of the equipment remain contaminated.

(i) Regulated waste that has been decontaminated need not be labeled or colorcoded.

History

• History: 1993 AACS; 1996 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.70015 Recordkeeping {#sec-r-325.70015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70015}

Rule 15. (1) An employer shall establish and maintain medical records for each category A employee in accordance with General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” as referenced in R 325.70001.

(2) An employer shall ensure that medical records contain, at a minimum, all of the following information:

(a) A copy of the employee’s hepatitis B vaccination status, including the dates administered and medical records relating to the employee’s ability to receive a vaccination as required by R 325.70013.

(b) A copy of all results of examinations, medical testing, and follow-up procedures as required by R 325.70013.

(c) The employer’s copy of the physician’s written opinion.

(d) A copy of the information provided to the physician as required by R 325.70013(6).

(3) An employer shall assure that employee medical records that are required by this rule are kept confidential and are not disclosed or reported without the employee’s express written consent to any person within or outside the workplace, except as required by this rule or as may be required or permitted by law.

(4) An employer shall maintain employee medical records for not less than the duration of employment plus 30 years in accordance with General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” as referenced in R 325.70001.

(5) An employer shall develop and maintain training records for each category A employee. Training records shall be maintained for 3 years beyond the date that the training occurred.

(6) Training records shall include all of the following information:

(a) The dates of the training sessions.

(b) The contents or a summary of the training sessions.

(c) The names and qualifications of persons who conduct the training.

(d) The names and job titles of all persons who attend the training sessions.

(7) An employer shall ensure that all records that are required to be maintained by these rules are made available, upon request, to representatives of the department or the director for examination and copying.

(8) An employer shall ensure that employee training records are provided, upon request, for examination and copying to employees, employee representatives, and the director in accordance with General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” as referenced in R 325.70001.

(9) An employer shall ensure that employee medical records are provided, upon request, for examination and copying to the subject employee, to anyone who has the written consent of the subject employee, and to the director in accordance with General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” as referenced in R 325.70001.

(10) An employer shall comply with the requirements that involve the transfer of records in General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” as referenced in R 325.70001.

(11) All of the following provisions apply to a sharps injury log:

(a) An employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in a manner that protects the confidentiality of the injured employee. At a minimum, a sharps injury log shall contain all of the following information:

(i) The type and brand of device involved in the incident.

(ii) The work unit or work area where the exposure incident occurred.

(iii) An explanation of how the incident occurred.

(b) The requirement to establish and maintain a sharps injury log applies to any employer who is required to maintain a log of occupational injuries and illnesses as prescribed in MIOSHA Safety and Health Standard Part 11. “Recording and Reporting of Occupational Injuries and Illnesses,” as referenced in R 325.70001.

(c) A sharps injury log shall be maintained for the period required as prescribed in MIOSHA Safety and Health Standard Part 11. “Recording and Reporting of Occupational Injuries and Illnesses,” as referenced in R 325.70001.

History

• History: 1993 AACS; 1996 AACS; 2001 AACS; 2014 AACS; 2021 MR 8, Eff. Apr. 27, 2021.

Mich. Admin. Code R 325.70016 Information and training {#sec-r-325.70016 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70016}

Rule 16. (1) An employer shall ensure that all category A employees participate in a training program provided at no cost to the employees and during working hours.

(2) Training shall be provided at the time of initial assignment to category A work or within 90 days after the effective date of these rules, whichever is later, and at least annually thereafter. If an employee has received training on bloodborne pathogens in the year preceding the effective date of these rules, only training with respect to requirements of this rule that were not included in the previous training need to be provided.

(3) An employer shall provide additional training when changes, such as the modification of tasks or procedures or the institution of new tasks or procedures, affect an employee’s occupational exposure. The additional training may be limited to addressing the new exposures created.

(4) Material appropriate in content and vocabulary to the educational level, literacy, and language background of employees shall be used.

(5) The training program shall contain all of the following elements:

(a) Accessibility of the copy of these rules and an explanation of the contents of these rules, including appendices.

(b) A general explanation of the epidemiology and symptoms of bloodborne diseases.

(c) An explanation of the modes of transmission of bloodborne pathogens.

(d) An explanation of the employer’s exposure control plan, including the standard operating procedures, and how an employee can access the written plan.

(e) An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious material.

(f) An explanation of the use and limitations of practices that will prevent or reduce exposure, including appropriate engineering controls, work practices, and personal protective equipment.

(g) Information on all of the following with respect to personal protective clothing and equipment:

(i) Types.

(ii) Proper use.

(iii) Limitations.

(iv) Location.

(v) Removal.

(vi) Handling.

(vii) Decontamination.

(viii) Disposal.

(h) An explanation of the basis for selecting protective clothing and equipment.

(i) Information on the hepatitis B vaccine and postexposure prophylaxis, including all of the following information:

(i) Availability.

(ii) Efficacy.

(iii) Safety.

(iv) The benefits of being vaccinated.

(v) Method of administration.

(vi) That vaccination is free of charge.

(j) Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious material.

(k) An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident, and the medical follow-up and counseling that will be made available.

(l) An explanation of the signs and labels or color coding required by R 325.70014.

(6) Employees in HIV or HBV research laboratories and HIV/HBV production facilities shall receive the following initial training in addition to the training requirements specified in subrule (5) of this rule:

(a) Employees shall be trained in, and demonstrate proficiency in, standard microbiological practices and techniques and in the practices and operations specific to the facility before being allowed to work with HIV and HBV.

(b) Employees shall be experienced in the handling of human pathogens or tissue cultures before working with HIV and HBV.

(c) A training program shall be provided to employees who have not had experience in handling human pathogens. Initial work activities shall not include the handling of infectious agents. A progression of work activities shall be assigned as techniques are learned and proficiency is developed. An employee shall participate in work activities that involve infectious agents only after proficiency has been demonstrated.

(7) Training shall be conducted in the following manner:

(a) At the time of initial assignment to tasks where occupational exposure may take place and at least annually thereafter.

(b) Training sessions shall afford employees ample opportunity for discussion and the answering of questions by a knowledgeable trainer.

(c) The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training will address.

History

• History: 1993 AACS; 1996 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.70017 Rescinded {#sec-r-325.70017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70017}

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 325.70018 Rescinded {#sec-r-325.70018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70018}

History

• History: 1993 AACS; 1996 AACS; 2014 AACS.

R 325.70101 to R 325.70114 Part 431. Hazardous Work in Laboratories

Mich. Admin. Code R 325.70102 Rescinded {#sec-r-325.70102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70102}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 431. HAZARDOUS WORK IN LABORATORIES

R 325.70101. Adoption and availability of standards.

Rule 1. (1) A reference to the federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR part 1910, subpart Z means Michigan Occupational Safety and Health Administration (MIOSHA) Standards that govern the use of specific chemical substances.

(2) All MIOSHA Standards that do not deal with a specific chemical substance apply to laboratory operations as do any standards administered by the Michigan Department of Licensing and Regulatory Affairs. Such non-chemical substance standards that apply to laboratory operations include all of the following rules:

(a) General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry.”

(b) General Industry Safety and Health Standard Part 381. “Ionizing Radiation.”

(c) General Industry Safety and Health Standard Part 474. “Sanitation.”

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets.”

(e) Occupational Health Standard Part 382. “Nonionizing Radiation.”

(f) Occupational Health Standard Part 451. “Respiratory Protection.”

(g) Occupational Health Standard Part 472. “Medical Services and First Aid.”

(h) Occupational Health Standard Part 490. “Permit-Required Confined Spaces.”

(i) Occupational Health Standard Part 520. “Ventilation Control.”

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1450 “Occupational exposure to hazardous chemicals in laboratories,” as amended March 26, 2012.

(b) 29 CFR 1910.1450, appendix A “National Research Council Recommendations Concerning Chemical Hygiene in Laboratories (Non-Mandatory),” as amended January 22, 2013.

(c) 29 CFR 1910.1450, appendix B “References (Non-Mandatory),” as amended February 13, 1996.

(4) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(5) A reference to 29 CFR 1910.134 means Occupational Health Standard Part 451.

“Respiratory Protection.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(8) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(9) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(10) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(11) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 380. “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(b) General Industry Safety and Health Standard Part 381. “Ionizing Radiation,”

R 325.60601a to R 325.60618.

(c) General Industry Safety and Health Standard Part 474. “Sanitation,”

R 325.47401 to R 325.47425.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) Occupational Health Standard Part 382. “Nonionizing Radiation,” R 325.60701 to R 325.60704.

(f) Occupational Health Standard Part 430. “Hazard Communication.”

R 325.77001 to R 325.77004.

(g) Occupational Health Standard Part 451. “Respiratory Protection.” R 325.60051 to R 325.60052.

(h) Occupational Health Standard Part 472. “Medical Services and First Aid,”

R 325.47201.

(i) Occupational Health Standard Part 490. “Permit-Required Confined Spaces,”

R 325.63001 to R 325.63049.

(j) Occupational Health Standard Part 520. “Ventilation Control,” R 325.52001 to R 325.52012.

History: 1992 AACS; 2003 AACS; 2014 AACS; 2018 AACS.

History

• History: 1992 AACS; 2003 AACS; 2018 AACS.

Mich. Admin. Code R 325.70102a Rescinded {#sec-r-325.70102a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70102a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.70103 Rescinded {#sec-r-325.70103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70103}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.70104 Rescinded {#sec-r-325.70104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70104}

History

• History: 1992 AACS; 2003 AACS; 2018 AACS.

Mich. Admin. Code R 325.70105 Rescinded {#sec-r-325.70105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70105}

History

• History: 1992 AACS; 2003 AACS; 2018 AACS.

Mich. Admin. Code R 325.70106 Rescinded {#sec-r-325.70106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70106}

History

• History: 1992 AACS; 2003 AACS; 2018 AACS.

Mich. Admin. Code R 325.70107 Rescinded {#sec-r-325.70107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70107}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.70108 Rescinded {#sec-r-325.70108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70108}

History

• History: 1992 AACS; 2003 AACS; 2018 AACS.

Mich. Admin. Code R 325.70109 Rescinded {#sec-r-325.70109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70109}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.70110 Rescinded {#sec-r-325.70110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70110}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 325.70111 Rescinded {#sec-r-325.70111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70111}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.70112 Rescinded {#sec-r-325.70112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70112}

History

• History: 1992 AACS; 2003 AACS.

Mich. Admin. Code R 325.70113 Rescinded {#sec-r-325.70113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70113}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 325.70114 Rescinded {#sec-r-325.70114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.70114}

History

• History: 1992 AACS; 2003 AACS; 2014 AACS.

R 325.77001 to R 325.77004 Part 430. Hazard Communication

Mich. Admin. Code R 325.77001 Scope and application {#sec-r-325.77001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos.

1996-1, 1996-2, 2003-1, 2008-4, 2011-4, 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 430. HAZARD COMMUNICATION

Rule 1. (1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employers and communicated to employees. These rules establish requirements to ensure that markings, placards, and labels required on hazardous materials and explosives, both in transportation and at stationary facilities, are retained until the materials have been removed to the extent that the materials do not pose a hazard.

(2) The regulations adopted by R 325.77002 apply to all chemical manufacturers, chemical importers, and employers pursuant to the provisions of 29 CFR 1910.1200 and 29 CFR 1926.59.

(3) The regulations adopted by R 325.77003 apply to workplaces pursuant to the provisions of 29 CFR 1910.1201, 29 CFR 1926.61, and 29 CFR 1928.21.

(4) Section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a, adopted the original federal standard by reference. In addition, sections 14b to 14l of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014b to 408.1014l, set forth additional requirements for employers in this state. The regulations adopted by R 325.77002 have the force and effect of law, but only to the extent they are consistent with section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a. If there is inconsistency, section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a controls.

History

• History: 1995 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 325.77002 Hazard communication; adoption by reference {#sec-r-325.77002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77002}

Rule 2. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1200 “Hazard Communication,” July 19, 2024.

(b) 29 CFR 1910.1200 “Hazard Communication,” February 8, 2013.

(c) 29 CFR 1926.59 “Hazard Communication,” June 20, 1996.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 325.77003 Retention of department of transportation markings, placards, and labels; adoption by reference {#sec-r-325.77003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77003}

Rule 3. (1) The following OSHA regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1201 “Retention of DOT markings, placards and labels” July 19, 1994.

(b) 29 CFR 1926.61 “Retention of DOT markings, placards and labels”

June 20, 1996.

(c) 29 CFR 1928.21 “Applicability of Standards in 29 CFR Part 1910” March 7, 1996.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 325.77004 Availability of adopted rules {#sec-r-325.77004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77004}

Rule 4. (1) The standards adopted in these rules are available from the United States Department of Labor, OSHA website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standards adopted in these rules are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933.

(3) The standards adopted in these rules may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

R 325.77101 to R 325.77115 Part 311. Benzene

Mich. Admin. Code R 325.77101a Rescinded {#sec-r-325.77101a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77101a}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

(By authority conferred on the director of the Michigan department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 311. BENZENE

R 325.77101. Scope, applicability, adoption, and availability of standards.

Rule 1. (1) These rules apply to all occupational exposures to benzene, Chemical Abstracts Service Registry No. 71-43-2, except as provided in subrules (2) and (3) of this rule.

(2) These rules do not apply to any of the following:

(a) The storage, transportation, distribution, dispensing, sale, or use of gasoline, motor fuels, or other fuels that contain benzene after its final discharge from bulk wholesale storage facilities, except that operations which dispense gasoline or motor fuels for more than 4 hours per day in an indoor location are covered by these rules.

(b) Loading and unloading operations at bulk wholesale storage facilities which use vapor control systems for all loading and unloading operations. However, such operations are subject to the provisions of Occupational Health Standard Part 430. “Hazard Communication” and the hazard communication provisions of sections 14a to 14m of the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1014a to 408.1014m.

(c) The storage, transportation, distribution, or sale of benzene or liquid mixtures that contain more than 0.1% benzene in intact containers or in transportation pipelines while sealed in a manner to contain benzene vapors or liquid. However, such storage, transportation, distribution, or sale is subject to the provisions of Occupational Health Standard Part 430. “Hazard Communication” and the hazard communication provisions of sections 14a to 14m of the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1014a to 408.1014m.

(d) Containers and pipelines that carry mixtures which are less than 0.1% benzene.

(e) Natural gas-processing plants that process gas which contains less than 0.1% benzene.

(f) Work operations where the only exposure to benzene is from liquid mixtures that contain 0.5% or less of benzene, by volume, or the vapors released from the liquids until September 12, 1988; work operations where the only exposure to benzene is from liquid mixtures that contain 0.3% or less of benzene, by volume, or the vapors released from the liquids from September 12, 1988, to September 12, 1989; and work operations where the only exposure to benzene is from liquid mixtures that contain 0.1% or less of benzene, by volume, or the vapors released from the liquids after September 12, 1989; except that tire-building machine operators who use solvents which contain more than 0.1% benzene are subject to the provisions of paragraph (i) of 29 CFR 1910.1028.

(g) Oil and gas drilling, production, and servicing operations.

(h) Coke oven batteries.

(3) Cleaning and repair operations of barges and tankers that have contained benzene are excluded from paragraph (f) methods of compliance, paragraph (e)(1) exposure monitoring-general, and paragraph (e)(6) accuracy of monitoring of 29 CFR 1910.1028.

Engineering and work practice controls shall be used to keep exposures below 10 ppm, unless it is proven to be not feasible.

(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1028, “Benzene,” as amended May 14, 2019.

(b) 29 CFR 1910.1028, appendix A “Substance safety data sheet, Benzene,” as in effect as of the effective date of these rules.

(c) 29 CFR 1910.1028, appendix B “Substance technical guidelines, Benzene,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1028, appendix C “Medical surveillance guidelines for Benzene,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1028, appendix D “Sampling and analytical methods for Benzene monitoring and measurement procedures,” as in effect as of the effective date of these rules.

(5) A reference to 29 CFR 1910.133 means both of the following:

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(9) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(11) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(12) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(13) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

(c) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(d) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

(e) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

History: 1989 AACS; 2002 AACS; 2014 AACS; 2018 AACS; 2021 MR 8, Eff. Apr. 26, 2021.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77102 Rescinded {#sec-r-325.77102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77102}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77103 Rescinded {#sec-r-325.77103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77103}

History

• History: 1989 AACS; 2018 AACS.

Mich. Admin. Code R 325.77104 Rescinded {#sec-r-325.77104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77104}

History

• History: 1989 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105 Rescinded {#sec-r-325.77105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105a Rescinded {#sec-r-325.77105a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105b Rescinded {#sec-r-325.77105b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105c Rescinded {#sec-r-325.77105c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105c}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105d Rescinded {#sec-r-325.77105d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105d}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105e Rescinded {#sec-r-325.77105e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105e}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77105f Rescinded {#sec-r-325.77105f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77105f}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77106 Rescinded {#sec-r-325.77106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77106}

History

• History: 1989 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77106a Rescinded {#sec-r-325.77106a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77106a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77107 Rescinded {#sec-r-325.77107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77107}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77108 Rescinded {#sec-r-325.77108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77108}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109 Rescinded {#sec-r-325.77109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109a Rescinded {#sec-r-325.77109a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109a}

History

• History: 2014 AACS.; 2018 AACS.

Mich. Admin. Code R 325.77109b Rescinded {#sec-r-325.77109b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109c Rescinded {#sec-r-325.77109c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109c}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109d Rescinded {#sec-r-325.77109d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109d}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109e Rescinded {#sec-r-325.77109e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109e}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109f Rescinded {#sec-r-325.77109f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109f}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109g Rescinded {#sec-r-325.77109g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109g}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77109h Rescinded {#sec-r-325.77109h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77109h}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77110 Rescinded {#sec-r-325.77110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77110}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.77110a Rescinded {#sec-r-325.77110a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77110a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77110b Rescinded {#sec-r-325.77110b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77110b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77110c Rescinded {#sec-r-325.77110c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77110c}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77111 Rescinded {#sec-r-325.77111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77111}

History

• History: 1989 AACS; 2001 AACS;2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77111a Rescinded {#sec-r-325.77111a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77111a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77111b Rescinded {#sec-r-325.77111b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77111b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77112 Rescinded {#sec-r-325.77112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77112}

History

• History: 1989 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 325.77113 Rescinded {#sec-r-325.77113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77113}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.77114 Rescinded {#sec-r-325.77114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77114}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 325.77115 Rescinded {#sec-r-325.77115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 325.77115}

History

• History: 1989 AACS; 2001 AACS; 2014 AACS.

R 333.5001 to R 333.5721 Ionizing Radiation Rules Governing the Use of Radiation Machines

Mich. Admin. Code R 333.5001 Scope {#sec-r-333.5001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5001}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

IONIZING RADIATION RULES GOVERNING THE USE OF RADIATION

MACHINES

(By authority conferred on the director of the department of labor and economic opportunity by sections 13515, 13521, 13522, and 13527 of the public health code, 1978 PA 368, MCL 333.13515, 333.13521, 333.13522, and 333.13527, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2030, and 125.1998)

PART 1. GENERAL PROVISIONS FOR THE USE OF RADIATION

MACHINES

Rule 1. (1) Except as otherwise specified, these rules apply to a person who acquires, receives, owns, possesses, uses, stores, or transfers a radiation machine.

(2) Terms used in these rules shall have the same meaning as defined in the act.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5002 Definitions; A {#sec-r-333.5002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5002}

Rule 2. (1) "Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the gray (Gy) and the rad.

(2) "Accelerator" means a machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 megaelectron volt (MeV).

(3) "Act" means 1978 PA 368, MCL 333.1101 to 333.25211. The terms defined in the act have the same meanings when used in these rules.

(4) "Annual" means a period of 12 consecutive months.

(5) "As low as reasonably achievable" (ALARA) means making every reasonable effort to maintain exposures to radiation as far below the dose limits in these rules as is practical, consistent with the purpose for which the registered activity is undertaken, taking into account the state of technology, the economics of improvements in relation to state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of registered radiation machines in the public interest.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5003 Definitions; C {#sec-r-333.5003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5003}

Rule 3. (1) "Calendar quarter" means not less than 12 consecutive weeks nor more than 14 consecutive weeks. The first calendar quarter of each year shall begin in January and subsequent calendar quarters shall be so arranged such that no day is included in more than 1 calendar quarter and no day in any 1 year is omitted from inclusion within a calendar quarter. The method observed by the registrant for determining calendar quarters shall only be changed at the beginning of a year.

(2) "Calibration" means the determination of either of the following:

(a) The response or reading of an instrument relative to a series of known radiation values over the range of the instrument.

(b) The strength of a source of radiation relative to a standard.

(3) "Collective dose" means the sum of the individual doses received in a given period of time by a specified population from exposure to a specified source of radiation.

(4) "Controlled area" means an area, outside of a restricted area but inside the site boundary, access to which can be limited by the registrant for any reason.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5004 Definitions; D {#sec-r-333.5004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5004}

Rule 4. (1) "Deep dose equivalent" (H d ), which applies to external whole body exposure, means the dose equivalent at a tissue depth of 1 centimeter (1000 mg/cm ).

(2) "Department" means the department of licensing and regulatory affairs.

(3) "Dose" or “radiation dose” means absorbed dose, dose equivalent, or effective dose equivalent as appropriate.

(4) "Dose equivalent (H T )" means the product of the absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the sievert (Sv) and rem.

(5) "Dose limits" or "limits" means the permissible upper bounds of radiation doses established under these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5005 Definitions; E {#sec-r-333.5005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5005}

Rule 5. (1) "Effective dose equivalent (H E )" means the sum of the products of the dose equivalent to the organ or tissue (H T ) and the weighting factor (W T ) applicable to each of the body organs or tissues that are irradiated (H E =  W T H T ).

(2) "Embryo or fetus" means the developing human organism from conception until the time of birth.

(3) "Entrance or access point" means a location through which an individual could gain access to radiation areas. This includes entry or exit portals of sufficient size to permit human entry, irrespective of their intended use.

(4) "Exposure" means being exposed to ionizing radiation.

(5) "External dose" means that portion of the dose equivalent received from a source of radiation outside the body.

(6) "Extremity" means hand, elbow, and arm below the elbow, foot, knee, and leg below the knee.

(7) "Extremity radiography" means radiography of the hand or arm excluding the shaft of the humerus or the foot or leg excluding the shaft of the femur.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5006 Definitions; H {#sec-r-333.5006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5006}

Rule 6. (1) "High radiation area" means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving a dose equivalent in excess of 1 mSv (0.1 rem) in 1 hour at 30 centimeters from a source of radiation or 30 centimeters from any surface that the radiation penetrates.

(2) "Human use" means the internal or external administration of radiation to human beings.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5007 Definitions; I {#sec-r-333.5007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5007}

Rule 7. (1) "Individual" means a human being.

(2) "Individual monitoring" means the assessment of dose equivalent by the use of individual monitoring devices or by the use of survey data.

(3) "Individual monitoring device" means a device designed to be worn by a single individual for the assessment of dose equivalent. Film badges, thermoluminescence dosimeters (TLDs), pocket ionization chambers, and optically stimulated luminescence (OSL) dosimeters are examples of individual monitoring devices.

(4) "Inspection" means an official examination or observation including, but not limited to, tests, surveys, and monitoring to determine compliance with the act, these rules, registration conditions or orders of the department.

(5) "Interlock" means a device arranged or connected such that the occurrence of an event or condition is required before a second event or condition can occur or continue to occur.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5008 Definitions; L to O {#sec-r-333.5008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5008}

Rule 8. (1) "Lens dose equivalent (LDE)" means the external exposure to the lens of the eye as the dose equivalent at a tissue depth of 0.3 centimeter (300 mg/cm ).

(2) "Member of the public" means an individual except when that individual is receiving an occupational dose.

(3) "Occupational dose" means the dose received by an individual in the course of employment in which the individual's assigned duties for the registrant involve exposure to sources of radiation, whether in the possession of the registrant or other person.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5009 Definitions; P and Q {#sec-r-333.5009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5009}

Rule 9. (1) "Physician" means an individual licensed under section 17011 or 17511 of article 15 of the public health code, 1978 PA 306, MCL 333.17011 and 333.17511 to practice medicine or osteopathic medicine.

(2) "Protective apron" means an apron made of radiation-attenuating materials used to reduce exposure to radiation.

(3) "Public dose" means the dose received by a member of the public from exposure to a radiation machine under the control of the registrant. Public dose does not include occupational dose, or doses received from a medical administration the individual has received, or from voluntary participation in medical research programs.

(4) "Quality factor" (Q) means the modifying factor, listed in tables 20-1 and 20-2, that is used to derive dose equivalent from absorbed dose.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5010 Definitions; R {#sec-r-333.5010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5010}

Rule 10. (1) "Radiation" means ionizing radiation. Radiation, as used in these rules, does not include non-ionizing radiation, such as radiowaves or microwaves, visible, infrared, or ultraviolet light.

(2) "Radiation area" means an area, accessible to individuals, in which radiation levels could result in an individual receiving a dose equivalent in excess of 0.05 mSv (5 mrem) in 1 hour at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.

(3) "Radiation machine" means a machine that emits ionizing radiation when energized.

(4) "Radiation protection supervisor" means the individual specified by the registrant who has the knowledge, authority, and responsibility for radiation protection.

(5) "Registrant" means a person who is registered with the department and is legally obligated to register with the department pursuant to these rules and the act.

(6) "Registration" for the purpose of these rules means registration of a radiation machine in writing with the department.

(7) "Research and development" means 1 of the following:

(a) Theoretical analysis, exploration, or experimentation.

(b) The extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. Research and development does not include the internal or external administration of radiation to human beings.

(8) "Restricted area" means an area, access to which is limited by the registrant, for the purpose of protecting individuals against undue risks from exposure to sources of radiation. Restricted area does not include areas used as residential quarters, but separate rooms in a residential building may be set apart as a restricted area.

(9) "Roentgen" means the special unit of exposure. One roentgen (R) equals 2.58 x 10 -4 coulombs per kilogram of air.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5011 Definitions; S {#sec-r-333.5011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5011}

Rule 11. (1) "Shallow dose equivalent" (H s ), which applies to the external exposure of the skin or an extremity, means the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm ) averaged over an area of 1 square centimeter.

(2) “SI” means the abbreviation for the international system of units.

(3) "Stochastic effect" means a health effect that occurs randomly and for which the probability of the effect occurring, rather than its severity, is assumed to be a linear function of dose without threshold. Hereditary effects and cancer incidence are examples of stochastic effects.

(4) "Survey" means an evaluation of the radiological conditions and potential hazards incident to the use of radiation machines. When appropriate, this evaluation includes, but is not limited to, tests, physical examinations, and measurements of levels of radiation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5012 Definitions; T to V {#sec-r-333.5012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5012}

Rule 12. (1) “Traceable to a national standard” means an instrument is calibrated at either the national institute of standards and technology (NIST) or at a calibration laboratory that participates in a proficiency program with the NIST at least once every 2 years and the results of the proficiency test conducted within 24 months of calibration show agreement within 3% of the national standard in the appropriate energy range.

(2) "Unrestricted area" or “uncontrolled area” means an area, access to which is neither limited nor controlled by the registrant for purposes of protection of individuals from exposure to radiation, or an area used for residential quarters.

(3) "Very high radiation area" means an area, accessible to individuals, in which radiation levels from a radiation machine could result in an individual receiving an absorbed dose in excess of 5 Gy (500 rads) in 1 hour at 1 meter from a radiation machine or 1 meter from any surface that the radiation penetrates.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5013 Definitions; W to Y {#sec-r-333.5013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5013}

Rule 13. (1) "Week" means 7 consecutive days starting on Sunday.

(2) "Weighting factor" w T for an organ or tissue (T) means the proportion of the risk of stochastic effects resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of w T are as follows:

ORGAN DOSE WEIGHTING FACTORS

Organ or Tissue w T Gonads 0.2 Breast 0.1 Red bone marrow 0.1 Lung 0.1 Thyroid 0.0 Bone surfaces 0.0 Remainder 0.3 Whole Body 1.0 (3) "Whole body" means, for purposes of external exposure, head, trunk including male gonads, arms above the elbow, or legs above the knee.

(4) "Worker" means an individual engaged in activities under a registration issued by the department and controlled by a registrant, but does not include the registrant.

(5) "Year" means the period of time beginning in January used to determine compliance with the provisions of these rules. The registrant may change the starting date of the year used to determine compliance by the registrant if the change is made at the beginning of the year. If a registrant changes in a year, the registrant shall assure that no day is omitted or duplicated in consecutive years.

EXEMPTIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5015 Exemptions {#sec-r-333.5015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5015}

Rule 15. The department may, in response to a request or on its own initiative, grant an exemption or exception from the requirements of these rules as it determines is authorized by law and shall not result in an undue hazard to public health and safety, property, or the environment.

GENERAL REQUIREMENTS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5017 Records {#sec-r-333.5017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5017}

Rule 17. A registrant shall comply with all record requirements of these rules including, but not limited to, the use, storage, transfer, and disposal of each radiation machine.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5018 Inspections {#sec-r-333.5018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5018}

Rule 18. (1) Under the authority of MCL 333.13517(1), the department may enter at all reasonable times upon private or public property to conduct compliance investigations.

(2) Under the authority of MCL 333.13517(2), the department may obtain a warrant if necessary for search of property or seizure of sources of radiation or evidence of a violation of the act or any rule or license.

(3) A registrant shall make available to the department for inspection, all records maintained pursuant to these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5019 Tests {#sec-r-333.5019 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5019}

Rule 19. (1) A registrant shall make or cause to be made, tests that the department considers appropriate or necessary including, but not limited to, tests of the following:

(a) The radiation machine.

(b) Facilities where a radiation machine is used.

(c) Radiation detection and monitoring instruments.

(d) Other equipment and devices used in connection with the use of a radiation machine.

(2) The registrant shall allow the department to perform tests that it considers appropriate to determine compliance with these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5020 Units of dose {#sec-r-333.5020 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5020}

Rule 20. (1) As used in these rules, the units of dose are the following:

(a) Gray (Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of 1 joule per kilogram (100 rads).

(b) Rad is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule per kilogram. (0.01 Gy)

(c) Sievert (Sv) is the SI unit of any of the quantities expressed as dose equivalent.

The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor. (1 Sv = 100 rem)

(d) Rem is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rads multiplied by the quality factor. (1 rem = 0.01 Sv)

(2) As used in these rules, the quality factors for converting absorbed dose to dose equivalent are shown in table 20-1:

TABLE 20-1

QUALITY FACTORS AND ABSORBED DOSE EQUIVALENCIES

Type of Radiation Quality Factor * Absorbed Dose Equal to a Unit Dose Equivalent X, gamma, or beta radiation and highspeed electrons 1 1 Alpha particles, multiple-charged particles, fission fragments and heavy particles of unknown charge 20 0.05 Neutrons of unknown energy 10 0.1 High-energy protons 10 0.1 * Absorbed dose in gray equal to 1 Sv or the absorbed dose in rad equal to 1 rem.

(3) If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in sievert per hour or rem per hour, as provided in subrule (2) of this rule, 0.01 Sv (1 rem) of neutron radiation of unknown energies may, for purposes of these rules, be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, the registrant may use the fluence rate per unit dose equivalent or the appropriate quality factor from table 20-2 to convert a measured tissue dose in gray or rad to dose equivalent in sievert or rem.

TABLE 20-2

MEAN QUALITY FACTORS AND FLUENCE PER UNIT DOSE

EQUIVALENT FOR MONOENERGETIC NEUTRONS

Neutron Energy (MeV)

Quality Factor * Fluence per Unit Dose Equivalent ** (Neutrons cm -2 Sv - )

Fluence per Unit Dose Equivalent ** (Neutrons cm -2 rem - )

(therma l) 2.5 x 10 -8 2.0 9.8 x 10 9.8 x 10 1.0 x 10 -7 2.0 9.8 x 10 9.8 x 10 1.0 x 10 -6 2.0 8.1 x 10 8.1 x 10 1.0 x 10 -5 2.0 8.1 x 10 8.1 x 10 1.0 x 10 -4 2.0 8.4 x 10 8.4 x 10 1.0 x 10 -3 2.0 9.8 x 10 9.8 x 10 1.0 x 10 -2 2.5 1.0 x 10 1.0 x 10 1.0 x 10 -1 7.5 1.7 x 10 1.7 x 10 5.0 x 10 -1 11.0 3.9 x 10 3.9 x 10 1.0 11.0 2.7 x 10 2.7 x 10 2.5 9.0 2.9 x 10 2.9 x 10 5.0 8.0 2.3 x 10 2.3 x 10 7.0 7.0 2.4 x 10 2.4 x 10 1.0 x 10 6.5 2.4 x 10 2.4 x 10 1.4 x 10 7.5 1.7 x 10 1.7 x 10 2.0 x 10 8.0 1.6 x 10 1.6 x 10 4.0 x 10 7.0 1.4 x 10 1.4 x 10 6.0 x 10 5.5 1.6 x 10 1.6 x 10 1.0 x 10 4.0 2.0 x 10 2.0 x 10 2.0 x 10 3.5 1.9 x 10 1.9 x 10 3.0 x 10 3.5 1.6 x 10 1.6 x 10 4.0 x 10 3.5 1.4 x 10 1.4 x 10 * Value of quality factor at the point where the dose equivalent is maximum in a 30-centimeter diameter cylinder tissue-equivalent phantom. ** Monoenergetic neutrons incident normally on a 30-centimeter diameter cylinder tissueequivalent phantom.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5021 Additional requirements {#sec-r-333.5021 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5021}

Rule 21. The department may impose additional requirements on a registrant in accordance with the act, 1978 PA 368, MCL 333.1011 to 333.25211, by rule, order, or registration conditions that it considers appropriate or necessary to minimize danger to public health and safety, property, and the environment.

ENFORCEMENT REQUIREMENTS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5023 Violations {#sec-r-333.5023 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5023}

Rule 23. (1) Under authority of MCL 333.13536, the department may obtain an injunction or other court order prohibiting a violation of the act, a rule, an order, or a registration condition issued under the act.

(2) Under the authority of MCL 333.2262, the department, in addition to taking other enforcement action, may impose a civil penalty, not to exceed $1,000 for each violation, on a person who violates the act, a rule, an order, or a registration condition issued under the act. Each day that a violation continues shall constitute a separate violation.

(3) A person who violates the act, a rule, an order, or a registration condition issued under the act may be guilty of a misdemeanor and, on conviction, may be fined, imprisoned, or both, as provided by law.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5024 Emergency orders and impounding {#sec-r-333.5024 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5024}

Rule 24. (1) The department may issue an emergency order pursuant to MCL 333.13516. A person responsible for the radiation machine shall bear expenses incidental to the order.

(2) A radiation machine shall be subject to impoundment pursuant to MCL 333.13517. Impoundment by the department shall not relieve the owner of the responsibility for the radiation machine. A person who has a radiation machine impounded shall bear expenses incidental to the impoundment.

HEARING PROCEDURE

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5026 Hearing procedure {#sec-r-333.5026 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5026}

Rule 26. (1) Before the issuance of an order, the department shall afford an opportunity for a hearing that shall be conducted pursuant to the administrative procedures act of 1969 PA 306, MCL 24.201 to MCL 24.328.

(2) In a contested case, the department shall conduct a hearing as provided in the administrative procedures act of 1969 PA 306, MCL 24.201 to MCL 24.328.

PART 2. REGISTRATION OF RADIATION MACHINES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5031 Purpose and scope {#sec-r-333.5031 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5031}

Rule 31. (1) This part provides for the registration of radiation machines, including particle accelerators, whether used primarily for x-ray production or other purposes.

(2) In addition to the requirements of this part, all registrants are subject to the applicable provisions of other parts of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5032 Definition {#sec-r-333.5032 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5032}

Rule 32. As used in this part, “facility” means the location, building, vehicle, or complex under 1 administrative control, where 1 or more radiation machines are installed or located.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5033 Exemptions {#sec-r-333.5033 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5033}

Rule 33. (1) Unless specifically covered elsewhere in these rules, electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this part if the dose equivalent rate averaged over an area of 10 square centimeters does not exceed 5 microsieverts (0.5 mrem) per hour at 5 centimeters from any accessible surface of the equipment. The production, testing, or factory servicing of the equipment shall not be exempt.

(2) Radiation machines that are electrically disconnected pending sale, transfer of ownership, or destructive disposal or that are made inoperable are exempt from the requirements of this part. An inoperable radiation machine is one that cannot be energized when connected to a power supply without repair or modification.

(3) Domestic television receivers and video display monitors are exempt from the requirements of this part.

(4) Electron microscopes are exempt from this part if the instrument is not capable of exceeding an operating potential of 50 kilovolts.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5034 Responsibility for compliance with rules {#sec-r-333.5034 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5034}

Rule 34. The owner or registrant, the person effectively in control of radiation machines not exempt under R 333.5033, and the individual who, pursuant to R 333.5037, is designated as the radiation protection supervisor shall be responsible for full compliance with all provisions of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5036 Shielding plan review {#sec-r-333.5036 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5036}

Rule 36. (1) An applicant, before registration, shall submit the floor plans, shielding specifications, and equipment arrangement of all new installations, or modifications of existing installations, using a radiation machine, to the department for review and approval. Application for a radiation shielding plan review shall be completed on an application form supplied by the department according to the instructions contained in that form. Radiation shielding plans are not required to be submitted for any of the following:

(a) Dental intraoral or panoramic machines used in dental clinical facilities.

(b) Cabinet x-ray systems, analytical systems, process or control gauges, or coldcathode gas discharge tubes.

(c) Bone densitometers.

(d) Mobile or portable radiographic machines unless routinely used in 1 location.

(e) C-arm fluoroscopic systems having a maximum source-image receptor distance of less than 45 centimeters that are used for extremity use only.

(2) The department may require the applicant to use the services of a health physicist or medical physicist to determine the shielding requirements before the department’s plan review and approval.

(3) The department’s approval of a plan shall not preclude the requirement of additional modifications if a subsequent analysis shows an individual could receive a dose exceeding the limits in R 333.5057 to R 333.5060.

(4) Shielding design goals of 0.1 millisievert (10 mrem) per week for controlled areas and 0.02 millisievert (2 mrem) per week and 0.02 millisievert (2 mrem) in any 1 hour for uncontrolled areas shall be applied to new facilities and to new construction in existing facilities.

(a) For the purpose of this subrule, “controlled area” means a limited access area where the occupational exposure of personnel to radiation is under the supervision of an individual in charge of radiation protection. In a controlled area, the access, occupancy, and working conditions are controlled for the purpose of radiation protection.

(b) For the purpose of this subrule, “uncontrolled area” means all areas of the facility and the surrounding environs that are not controlled for the purpose of radiation protection.

(5) For machines installed after the effective date of this part, the registrant shall maintain for inspection by the department a scale drawing of the room where a stationary radiation machine system is located. The drawing or accompanying attachments shall indicate the use of areas adjacent to the room and include an estimate of the occupancy in each area. In addition, the drawing or attachment shall include at least 1 of the following:

(a) The type and thickness of materials, or lead equivalency, of each protective barrier.

(b) The results of a survey for radiation levels at the operator's position and at pertinent points outside the room under specified test conditions.

(6) The department may withhold initial registration of a radiation machine pending receipt of either of the following:

(a) Plans and specifications for room design and shielding and approval of those plans and specifications.

(b) Documentation from the applicant that a certificate of need (CON) has been issued if the use of that machine is a covered clinical service as defined in the act.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5037 Registration of radiation machines {#sec-r-333.5037 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5037}

Rule 37. (1) A person with 1 or more radiation machines shall do both of the following:

(a) Apply for registration of each radiation machine with the department before operating the machine. Application for registration shall be completed on forms provided by the department and shall contain all the information required by the form and associated instructions. The appropriate registration fee specified in R 333.5043 shall be submitted with the application.

(b) Designate, on the application form, a radiation protection supervisor to be responsible for radiation protection and ensure that the individual meets all of the following:

(i) Has completed a radiation safety officer training course, completed educational courses related to ionizing radiation safety, or has experience in the use and familiarity with the type of equipment used.

(ii) Is knowledgeable about the hazards and precautions in the handling of the radiation machines for which this individual is responsible.

(iii) Has read and understands the applicable requirements of these rules.

(iv) Authorizes operation of radiation machines only by individuals who have received instructions in their safe use. These instructions shall include, but are not limited to, the proper use of individual monitoring devices, the registrant’s operating and safety procedures, and all other applicable rules governing the use of the radiation machine that the individual will be operating.

(v) Has the authority to make or cause to be made radiation surveys and other procedures as may be necessary to demonstrate compliance with these rules.

(vi) Has the authority to make or cause to be made changes as may be necessary to comply with these rules.

(2) A person that registers 1 or more radiation machines will be issued a department facility registration number.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5038 Machine registration tags {#sec-r-333.5038 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5038}

Rule 38. (1) The department shall issue a registration tag for each radiation machine when it is properly registered with the department. The tag shall include a registration number uniquely assigned to that specific machine.

(2) The registrant shall apply the registration tag in a visible location on the control panel of the specified radiation machine. If applying the registration tag to the control panel is not practical, the registrant shall place the tag in another visible location on a component of the machine not likely to be replaced.

(3) The registrant shall not authorize removal of the registration tag from the radiation machine unless instructed by the department. If the tag is removed or defaced, the registrant shall notify the department and request a replacement tag. The request shall specify the tag number and machine description from the certificate of registration.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5039 Certificates of registration {#sec-r-333.5039 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5039}

Rule 39. (1) The department shall issue a certificate of registration if it determines that an application meets the requirements of this part.

(2) The department may incorporate in the certificate of registration additional requirements in the form of registration conditions regarding the registrant's receipt, possession, and use of a radiation machine as it considers appropriate or necessary. The registrant shall comply with all registration conditions.

(3) The certificate of registration shall list all radiation machines registered at a facility.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5040 Expiration of registration {#sec-r-333.5040 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5040}

Rule 40. Except as provided by R 333.5041(2), a registration shall expire at the end of the specified day in the month and year stated in the certificate of registration.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5041 Renewal of registration {#sec-r-333.5041 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5041}

Rule 41. (1) The registrant shall annually file an application to renew the registration pursuant to R 333.5037 and shall submit the appropriate registration fee as specified in R 333.5043 with the application.

(2) If a registrant has filed an application to renew the registration in proper form not less than 30 days before the expiration of the existing registration, the existing registration shall not expire until the application status is determined by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5042 Notice of change {#sec-r-333.5042 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5042}

Rule 42. (1) The registrant shall notify the department in writing before making a change that would render the information contained in the application for registration, the certificate of registration, or both, no longer accurate. When a radiation machine is sold, transferred, or disposed, the notification shall specify the proposed recipient of the machine, or the location and method of disposal.

(2) A complete change in ownership, possession, or location of all machines listed on a certificate of registration terminates the certificate of record and shall require a new application for registration except as provided in subrule (4) of this rule.

(3) If there is a partial change, the department may terminate the certificate of registration of record and issue a new certificate pursuant to R 333.5039.

(4) Notwithstanding subrule (2) of this rule, replacement of all machines listed on a certificate of registration shall be considered a partial change if the name and address of the registrant and the name and address of the facility are not changed.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5043 Fees {#sec-r-333.5043 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5043}

Rule 43. (1) Pursuant to section 13522 of the act, MCL 333.13522, fees for registration of radiation machines, fees for follow-up inspections due to noncompliance, fees for mammography machine inspections, and fees assessed in connection with mammography authorization shall be adjusted annually by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index, not to exceed 5%. As used in this part, “Detroit consumer price index” means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States Department of Labor.

(2) A total or partial refund of a registration fee shall not be made due to a notice of change resulting in the deletion of tubes or machines, or in the termination of the radiation machine registration certificate before the expiration date of the registration.

(3) Specific registration fees depend on the number of x-ray tubes included in the application for registration or renewal of registration. Current radiation machine registration fees are posted on the website of the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5045 Approval not implied {#sec-r-333.5045 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5045}

Rule 45. A person, in an advertisement, shall not refer to the fact that a facility is registered with the department pursuant to this part. A person shall not state or imply that the department has approved an activity under a registration.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5046 Vendor obligation; notification of transfer; duty to report {#sec-r-333.5046 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5046}

Rule 46. (1) A person who sells, leases, transfers, lends, disposes, assembles, or installs a radiation machine in this state shall notify the department in writing, within 15 days after the end of the calendar quarter, all of the following:

(a) The name and address of the person who has received the machine.

(b) The manufacturer, model, type, and number of x-ray tubes of each radiation machine transferred.

(c) The date of transfer of each radiation machine.

(d) The department facility registration number and machine registration tag number, if the facility is registered or if the machine was previously registered with the department.

(e) If a diagnostic x-ray system contains certified components, a copy of the assembler's report, prepared in compliance with the federal performance standards for ionizing radiation products, 21 C.F.R. 1020.30(d) (June 2006), shall be submitted in place of subdivisions (a) to (c) of this subrule.

(2) A person shall not make, sell, lease, transfer, lend, assemble, or install a radiation machine or the supplies used with a machine, unless the supplies and equipment, when properly placed in operation and used, meet the requirements of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5047 Out-of-state radiation machines {#sec-r-333.5047 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5047}

Rule 47. (1) If a person brings a radiation machine into the state for any use, that person shall register the machine with the department, comply with all applicable rules of the department, and supply the department with other information as the department may request.

(2) If a person plans to bring a radiation machine into the state for temporary use, that person shall provide written notice to the department not less than 3 working days before the machine is to be used in the state. The notice shall include all of the following:

(a) The facility registration number.

(b) The machine registration number.

(c) The nature, duration, and scope of use.

(d) The exact location or locations where the radiation machine will be used.

(e) Documentation that radiation shielding plan review information was submitted pursuant to R 333.5036.

(3) If, for a specific situation, the 3 working-day period would impose an undue hardship on the person, the department may grant permission to proceed sooner.

PART 3. STANDARDS FOR PROTECTION AGAINST RADIATION FOR

USERS OF RADIATION MACHINES

GENERAL PROVISIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5051 Purpose {#sec-r-333.5051 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5051}

Rule 51. (1) This part establishes standards for protection against ionizing radiation resulting from activities conducted under registrations of radiation machines issued by the department.

(2) The requirements of this part are designed to control the receipt, possession, use, and transfer of radiation machines by a registrant so that the total dose to an individual, including doses resulting from all radiation machines, does not exceed the standards for protection against radiation prescribed in this part. Nothing in this part shall be construed as limiting actions that may be necessary to protect health and safety.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5052 Scope {#sec-r-333.5052 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5052}

Rule 52. This part applies to radiation machine registrants of the department. The limits in this part do not apply to doses due to background radiation, exposure of patients to radiation for medical diagnosis or therapy, exposure from individuals administered radioactive material, or exposure from voluntary participation in medical research programs.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5053 Definitions {#sec-r-333.5053 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5053}

Rule 53. As used in these rules, the following definitions apply:

(a) "Declared pregnant woman" means a woman who has voluntarily informed the registrant, in writing, of her pregnancy and the estimated date of conception. The declaration remains in effect until the declared pregnant woman withdraws the declaration in writing or is no longer pregnant.

(b) "Dosimetry processor" means an individual or an organization that processes and evaluates individual monitoring equipment to determine the radiation dose delivered to the monitoring equipment.

R 333.5055. Intentional exposure of humans.

Rule 55. (1) Nothing in these rules shall be construed as limiting the intentional exposure of patients to radiation for the purpose of medical diagnosis, medical therapy, or medical research conducted by a health practitioner licensed under article 15 of the act.

(2) Intentional exposure of individuals to radiation for diagnostic or therapeutic purposes shall be limited to supervision or prescriptions by a person licensed under article 15 of the act to provide such.

(3) Nothing in these rules shall be construed as authorization to conduct medical diagnosis, medical therapy, or medical research that is not fully consistent with the standards of practice for a health practitioner licensed under article 15 of the act.

OCCUPATIONAL DOSE LIMITS

History

• History: 2016 AACS.
• History: 2016 AACS.

Mich. Admin. Code R 333.5057 Occupational dose limits for adults {#sec-r-333.5057 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5057}

Rule 57. (1) A registrant shall control the occupational dose to individual adults, to the following dose limits:

(a) An annual limit, which is the more limiting of the following:

(i) The effective dose equivalent of 0.05 sievert (5 rem).

(ii) The dose equivalent to an individual organ or tissue other than the lens of the eye of 0.5 sievert (50 rem).

(b) The annual limits to the lens of the eye, to the skin of the whole body, and to the skin of the extremities which are the following:

(i) A lens dose equivalent of 0.15 sieverts (15 rem).

(ii) A shallow dose equivalent of 0.5 sievert (50 rem) to the skin of the whole body or to the skin of an extremity.

(2) For exposure determined by measurement with an external individual monitoring device, the deep-dose equivalent shall be used in place of the effective dose equivalent, unless the effective dose equivalent is determined by a dosimetry method approved by the department.

(3) The assigned deep dose equivalent shall be for the part of the body receiving the highest exposure. The assigned shallow-dose equivalent shall be the dose averaged over the contiguous 10 square centimeters of skin receiving the highest exposure.

(a) If the individual monitoring device was not in the region of highest potential exposure or the results of individual monitoring are unavailable, the deep dose equivalent, lens dose equivalent, and shallow dose equivalent may be assessed from surveys or other radiation measurements to demonstrate compliance with the occupational dose limits.

(b) When a protective apron is worn while working with medical fluoroscopic equipment and monitoring is conducted as specified in R 333.5065, the effective dose equivalent shall be determined by any of the following:

(i) When only 1 individual monitoring device is used and it is located at the neck (collar) outside the protective apron, the reported deep dose equivalent shall be the effective dose equivalent for external radiation.

(ii) When only 1 individual monitoring device is used and it is located at the neck outside the protective apron, and the reported dose exceeds 25% of the limit specified in subrule (1) of this rule, the reported deep dose equivalent value multiplied by 0.3 shall be the effective dose equivalent for external radiation.

(iii) When 2 individual monitoring devices are worn, 1 under the protective apron at the waist and the other outside the protective apron at the neck, the effective dose equivalent for external radiation shall be assigned the value of the sum of the deep dose equivalent reported for the individual monitoring device located at the waist under the protective apron multiplied by 1.5 and the deep dose equivalent reported for the individual monitoring device located at the neck outside the protective apron multiplied by 0.04.

(4) The registrant shall reduce the dose that an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by another person during the current year. Requirements for determining prior occupational exposure are provided in R 333.5080.

Editor's Note: An obvious error in R 325.5057 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5058 Occupational dose limits for minors {#sec-r-333.5058 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5058}

Rule 58. The annual occupational dose limits for a minor are 10% of the annual occupational dose limits specified for an adult worker in R 333.5057.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5059 Dose equivalent to embryo or fetus {#sec-r-333.5059 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5059}

Rule 59. (1) The registrant shall ensure that the dose equivalent to the embryo or fetus during the entire pregnancy, due to the occupational exposure of a declared pregnant woman, does not exceed 5 millisieverts (500 mrem). Records for doses to the embryo or fetus shall be kept according to R 333.5081(4).

(2) The registrant shall make efforts to avoid substantial variation above a uniform monthly exposure rate to a declared pregnant woman to satisfy the limit in subrule (1) of this rule.

(3) The dose equivalent to the embryo or fetus is the deep dose equivalent to the declared pregnant woman.

(4) If the dose equivalent to the embryo or fetus has exceeded 4.5 millisieverts (450 mrem), when the woman declares the pregnancy to the registrant, the registrant shall be considered in compliance with subrule (1) of this rule if the additional dose equivalent to the embryo or fetus does not exceed 0.5 millisievert (50 mrem) during the remainder of the pregnancy.

RADIATION DOSE LIMITS FOR INDIVIDUAL MEMBERS OF THE

PUBLIC

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5060 Dose limits for individual members of the public {#sec-r-333.5060 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5060}

Rule 60. (1) A registrant shall conduct operations in compliance with both of the following:

(a) The dose equivalent to a member of the public from the registered operation does not exceed 1 millisievert (100 mrem) in a year, excluding dose contributions from both of the following:

(i) Medical administrations the individual has received.

(ii) Voluntary participation in medical research programs.

(b) The dose in an unrestricted area from radiation machines does not exceed 0.02 millisievert (2 mrem) in any 1 hour.

(2) If a registrant allows members of the public to have access to controlled areas, the dose limits for members of the public shall apply to those individuals.

(3) The department may impose additional restrictions on radiation levels in unrestricted areas to restrict the collective dose.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5061 Compliance with dose limits for individual members of the public {#sec-r-333.5061 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5061}

Rule 61. A registrant shall make or cause to be made, as appropriate, surveys of radiation levels in unrestricted and controlled areas to demonstrate compliance with the dose limits for individual members of the public in R 333.5060.

SURVEYS AND MONITORING

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5063 General {#sec-r-333.5063 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5063}

Rule 63. (1) A registrant shall make, or cause to be made, surveys that may be necessary to demonstrate compliance with the rules in this part and are reasonable under the circumstances to evaluate both of the following:

(a) The magnitude and extent of radiation levels.

(b) All potential radiological hazards.

(2) A registrant shall ensure that instruments and equipment used for quantitative radiation measurements are calibrated annually for the radiation measured, except as otherwise specified in another part of these rules or in a registration condition.

(3) This subrule applies to personnel dosimeters, including dosimeters used to measure the dose to an extremity, that require processing to determine the radiation dose and that a registrant uses to comply with R 333.5057, with other applicable provisions of these rules, or with conditions specified in a registration. This subrule does not apply to direct and indirect reading pocket dosimeters and electronic personnel dosimeters.

Personnel dosimeters shall be processed and evaluated by a dosimetry processor that meets both of the following:

(a) Holds a current personnel dosimetry accreditation from the national voluntary laboratory accreditation program of the national institute of standards and technology.

(b) Is approved in this accreditation process for the type of radiation or radiations included in the national voluntary laboratory accreditation program that most closely approximates the type of radiation or radiations for which the individual wearing the dosimeter is monitored.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5064 Conditions requiring individual monitoring of occupational dose {#sec-r-333.5064 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5064}

Rule 64. A registrant shall monitor occupational exposure to radiation from radiation machines under the control of the registrant and shall supply and require the use of individual monitoring devices by all of the following:

(a) An adult likely to receive in 1 year a dose greater than 10 % of the limits specified in R 333.5057(1).

(b) A minor likely to receive in 1 year a deep dose equivalent greater than 1 millisievert (100 mrem), a lens dose equivalent greater than 1.5 millisieverts (150 mrem), or a shallow dose equivalent to the skin or to the extremities greater than 5 millisieverts (500 mrem).

(c) A declared pregnant woman likely to receive during the entire pregnancy a deep dose equivalent greater than 1 millisievert (100 mrem).

(d) An individual who enters a high or very high radiation area.

(e) An individual for whom personnel monitoring is required under other parts of these rules pertaining to specific uses of radiation machines.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5065 Location of individual monitoring devices {#sec-r-333.5065 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5065}

Rule 65. If R 333.5064 or other parts of these rules require occupational dose monitoring for an individual, the registrant shall ensure that the individual wears an individual monitoring device or devices according to 1 of the following:

(a) An individual monitoring device used for monitoring the dose to the whole body shall be worn at the unshielded location of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck as described in R 333.5057(3)(b)(i).

(b) An individual monitoring device used to monitor the dose to an embryo or fetus of a declared pregnant woman, pursuant to R 333.5059(1), shall be worn at the waist under any protective apron being worn by the woman.

(c) An individual monitoring device used for monitoring the lens dose equivalent, to demonstrate compliance with R 333.5057(1)(b)(i), shall be worn at the neck, outside any protective apron being worn by the monitored individual, or at an unshielded location closer to the eye.

(d) An individual monitoring device used for monitoring the dose to the skin of the extremities, to demonstrate compliance with R 333.5057(1)(b)(ii), shall be worn on the extremity likely to receive the highest exposure. The individual monitoring device shall be oriented to measure the highest dose to the extremity being monitored.

CONTROL OF EXPOSURE IN RESTRICTED AREAS

History

• History: 2016 AACS; 2023 MR 11, Eff. June 16, 2023.

Mich. Admin. Code R 333.5067 Control of access to high radiation areas {#sec-r-333.5067 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5067}

Rule 67. (1) A registrant shall ensure that each entrance or access point to a high radiation area has 1 or more of the following control features:

(a) A device that, upon entry into the area, causes the radiation level to be reduced below the level where an individual could receive a deep dose equivalent of 1 millisievert (100 mrem) in 1 hour at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.

(b) A device that energizes a conspicuous visible or audible alarm signal so that the individual entering the high radiation area and the supervisor of the activity are made aware of the entry.

(c) Locked entryways, except when access to the area is required, with positive control over each individual entry.

(2) In place of the controls required for a high radiation area by subrule (1) of this rule, a registrant may substitute continuous direct or electronic surveillance that is capable of preventing unauthorized entry.

(3) A registrant or applicant for a registration may apply to the department for approval of alternative methods for controlling access to high radiation areas.

(4) A registrant shall establish the controls required by subrules (1) and (3) of this rule in a way that does not prevent individuals from leaving a high radiation area.

(5) The registrant is not required to control entrance or access to rooms or other areas containing radiation machines capable of producing a high radiation area as described in subrule (1) of this rule if the registrant meets all the specific requirements for access and control specified in other applicable parts of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5068 Control of access to very high radiation areas {#sec-r-333.5068 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5068}

Rule 68. (1) In addition to the requirements in R 333.5067, a registrant shall institute additional measures to ensure that an individual cannot gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at 5 grays (500 rads) or more in 1 hour at 1 meter from a radiation machine or any surface through which the radiation penetrates. This requirement does not apply to rooms or areas in which diagnostic x-ray systems are the only source of radiation.

(2) A registrant is not required to control entrance or access to rooms or other areas containing radiation machines capable of producing a very high radiation area as described in subrule (1) of this rule if the registrant meets all the specific requirements for access and control specified in other applicable parts of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5069 Security and control of sources of radiation {#sec-r-333.5069 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5069}

Rule 69. A registrant shall use devices or administrative procedures, or both, to prevent unauthorized use or removal of radiation machines.

PRECAUTIONARY PROCEDURES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5071 Caution signs {#sec-r-333.5071 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5071}

Rule 71. (1) Except as otherwise authorized by the department, symbols prescribed by R 333.5072 shall use the conventional 3-bladed design as follows:

RADIATION SYMBOL

1. Cross-hatched area is to be magenta or purple.

2. Background is to be yellow.

(2) In addition to the contents of signs and labels required in this part, a registrant may provide, on or near the required signs and labels, additional information to make individuals aware of potential radiation exposures and to minimize those exposures.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5072 Posting requirements {#sec-r-333.5072 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5072}

Rule 72. (1) The registrant shall post each radiation area with a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, RADIATION AREA”.

(2) The registrant shall post each high radiation area with a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, HIGH RADIATION AREA” or “DANGER, HIGH RADIATION AREA”.

(3) The registrant shall post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and the words “GRAVE DANGER, VERY HIGH RADIATION AREA”.

(4) The registrant shall post access openings to manufacturing or process equipment such as tanks and vessels on or in which radiation machines are mounted, if an individual can gain access to the radiation beam and receive a dose to any part of his or her body greater than the applicable limits for individuals in R 333.5057 to R 333.5061. The posting shall include a conspicuous sign or signs bearing the radiation symbol and warning of the hazard.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5073 Exceptions to posting requirements {#sec-r-333.5073 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5073}

Rule 73. A registrant is not required to post caution signs pursuant to R 333.5072 in areas or rooms in any of the following situations:

(a) The radiation machines are in the room for periods of less than 8 hours and constantly attended by an individual who takes the precautions necessary to prevent the exposure of individuals to radiation above the limits specified in this part. The area or room shall be under the registrant’s control.

(b) The room is used for teletherapy and access is controlled pursuant to the applicable radiation therapy rules. Attending personnel shall take the necessary precautions to prevent the inadvertent exposure of workers, other patients, and members of the public to radiation above the limits specified in this part.

(c) The area or room contains radiation machines used for diagnosis by, or on behalf of, health practitioners licensed under article 15 of the act, MCL 333.1011 to 333.25211.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5074 Labeling radiation machines {#sec-r-333.5074 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5074}

Rule 74. A registrant shall ensure that each radiation machine is labeled in a conspicuous manner that cautions individuals that radiation is produced when the machine is energized.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5075 Use of safety equipment {#sec-r-333.5075 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5075}

Rule 75. (1) The requirements for safety interlocks, protective enclosures, protective clothing, precautionary labels, or other safety equipment presume the proper use of this equipment. Unauthorized override of safety interlocks or other intentional misuse or non-use of required safety equipment shall be considered willful violation of these rules.

(2) Authorized override of safety interlocks shall be requested by the radiation protection supervisor in writing from the department. The request shall include justification, precautionary procedures during override, and statement of immediate supervision by the radiation protection supervisor or his or her authorized representative.

Prior approval by the department is required. The approval may be granted by written condition on the registration certificate or by telephone followed by written confirmation from the department.

RECORDS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5077 General provisions for records {#sec-r-333.5077 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5077}

Rule 77. (1) A registrant shall use either the international system of units (SI) gray, sievert, and coulomb per kilogram, or the special units rad, rem, and roentgen, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required by this part.

(2) The registrant shall make a clear distinction among the quantities entered on the records required by these rules. The dose to an individual shall be specified in quantities such as the effective dose equivalent, shallow dose equivalent, lens dose equivalent, or deep dose equivalent.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5079 Records of surveys and calibrations {#sec-r-333.5079 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5079}

Rule 79. (1) A registrant shall retain records of the results of surveys and calibrations required by R 333.5063 for 3 years after the record is made.

(2) A registrant shall maintain records of the results of surveys used to determine exposures, in the absence of or in combination with individual monitoring data, in the assessment of individual dose equivalents. A registrant shall retain these records until the department terminates the registration requiring the record.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5080 Determination and records of prior occupational dose {#sec-r-333.5080 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5080}

Rule 80. (1) For each individual likely to receive an annual occupational dose requiring monitoring under R 333.5064, the registrant shall determine the occupational radiation dose received during the current year. To comply, a registrant may do any of the following:

(a) Accept, as a record of an individual’s occupational dose, a written and signed statement from the individual, or from the individual's most recent employer for work involving radiation exposure, that documents the nature and the amount of occupational dose the individual may have received during the current year.

(b) Accept, as the record of cumulative radiation dose, an up-to-date department Form MIOSHA-RSS-101, or equivalent, signed by the individual and countersigned by either an appropriate official of the most recent employer for work involving radiation exposure, or by the individual's current employer if the individual is not employed by the registrant.

(c) Obtain reports of the individual's dose equivalents from the most recent employer for work involving radiation exposure, or the individual's current employer if the individual is not employed by the registrant, by telephone, telegram, facsimile, other electronic media, or letter. The registrant shall request a written verification of the dose data if the authenticity of the reports cannot be established.

(2) The registrant shall record the exposure history of each individual, as required by subrule (1) of this rule, on department Form MIOSHA-RSS-101, or other clear and legible record, that includes all the information required on that form. The form or record shall show each period in which the individual received occupational exposure to radiation. For each period for which the registrant obtains reports, the registrant shall use the dose shown in the report in preparing department Form MIOSHA-RSS-101 or equivalent. For a period in which the registrant does not obtain a report, the registrant shall place a notation on department Form MIOSHA-RSS-101, or equivalent, indicating the periods for which data are not available.

(3) If the registrant cannot obtain a complete record of an individual’s occupational dose for the current year, the registrant shall assume, in establishing administrative controls pursuant to R 333.5057(4) for the current year, that the allowable dose limit for the individual is reduced by 12.5 millisieverts (1,250 mrem) for each calendar quarter for which records are unavailable and the individual was engaged in activities that could have resulted in occupational radiation exposure.

(4) The registrant shall retain the records on department Form MIOSHA-RSS-101, or equivalent, until the department terminates each pertinent registration requiring this record. The registrant shall retain records used in preparing department Form MIOSHA- RSS-101, or equivalent, for 3 years after the record is made.

Editor's Note: An obvious error in R 333.5080 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5081 Records of individual monitoring results {#sec-r-333.5081 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5081}

Rule 81. (1) A registrant shall maintain records of doses received by all individuals for whom monitoring is required pursuant to R 333.5064. When applicable, these records shall include the deep-dose equivalent to the whole body, lens dose equivalent, shallow dose equivalent to the skin, and shallow dose equivalent to the extremities.

(2) The registrant shall make entries of the records specified in subrule (1) of this rule at least annually.

(3) The registrant shall maintain the records specified in subrule (1) of this rule on department Form MIOSHA-RSS-102, pursuant to the instructions for department Form MIOSHA-RSS-102, or in clear and legible records containing all the information required by department Form MIOSHA-RSS-102.

(4) The registrant shall maintain the records of dose to an embryo or fetus with the records of dose to the declared pregnant woman. The declaration of pregnancy shall also be kept on file, but may be maintained separately from the dose records.

(5) The registrant shall retain the required form or record until the department terminates each pertinent registration requiring the record.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5082 Records of dose to individual members of the public {#sec-r-333.5082 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5082}

Rule 82. (1) A registrant shall maintain records sufficient to demonstrate compliance with the dose limit for individual members of the public as required by R 333.5060.

(2) A registrant shall retain the records required by subrule (1) of this rule until the department terminates each pertinent registration requiring the record.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5083 Records of testing entry control devices for very high radiation areas {#sec-r-333.5083 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5083}

Rule 83. (1) A registrant shall maintain records of tests performed on entry control devices for very high radiation areas. These records shall include the date, time, and results of each test.

(2) The registrant shall retain the records required by subrule (1) of this rule for 3 years after the record is made.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5084 Form of records {#sec-r-333.5084 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5084}

Rule 84. (1) A record required by these rules shall be legible, readily identifiable, and retrievable throughout the specified retention period. The record shall be 1 of the following:

(a) The original.

(b) A reproduced copy.

(c) An electronic copy stored in an electronic recordkeeping system.

(d) A microform if it is authenticated by authorized personnel and is capable of producing a clear copy throughout the required retention period.

(2) Records, such as letters, drawings, and specifications, shall include all pertinent information, such as stamps, initials, and signatures.

(3) The registrant shall maintain adequate safeguards against tampering with and loss of records.

NOTIFICATIONS AND REPORTS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5086 Notifications and reports of theft or loss of registered radiation machines {#sec-r-333.5086 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5086}

Rule 86. (1) A registrant shall notify the department by telephone of a stolen, lost, or missing radiation machine within 10 days after its absence becomes known.

(2) A registrant required to notify the department under subrule (1) of this rule shall, within 30 days after making the telephone notification, make a written report to the department containing all of the following information:

(a) A description of the radiation machine involved, including the manufacturer and model, and the registration tag number of the radiation machine.

(b) A description of the circumstances under which the loss or theft occurred.

(c) A statement of disposition, or probable disposition, of the radiation machine involved.

(d) Exposures of individuals to radiation, the circumstances under which the exposures occurred, and the possible total effective dose equivalent to individuals in unrestricted areas.

(e) Actions that have been taken, or will be taken, to recover the radiation machine.

(f) Actions taken or planned to prevent a recurrence of the loss or theft of the radiation machine.

(3) After filing the written report, the registrant shall make an additional written report to the department containing any additional substantive information regarding the loss or theft within 30 days after the registrant learns of the new information.

(4) The registrant shall prepare a report filed with the department pursuant to this rule so that the names of individuals who may have received exposure to radiation are contained in a separate and detachable part of the report.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5087 Notification of incidents {#sec-r-333.5087 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5087}

Rule 87. (1) In addition to any other requirements for notification, a registrant shall immediately notify the department of an event involving a radiation machine possessed by the registrant that may have caused or threatens to cause an individual to receive any of the following:

(a) An effective dose equivalent of 0.25 sievert (25 rem) or more.

(b) A lens dose equivalent of 0.75 sievert (75 rem) or more.

(c) A shallow dose equivalent to the skin or extremities of 2.5 grays (250 rads) or more.

(2) Within 24 hours of discovery of the event, a registrant shall notify the department of an event involving a registered radiation machine possessed by the registrant that may have caused, or threatens to cause, an individual to receive, in a period of 24 hours, any of the following:

(a) An effective dose equivalent exceeding 0.05 sievert (5 rem).

(b) A lens dose equivalent exceeding 0.15 sievert (15 rem).

(c) A shallow dose equivalent to the skin or extremities exceeding 0.5 sievert (50 rem).

(3) Registrants shall make the notifications required by subrules (1) and (2) of this rule by telephone to the department and shall confirm the notification within 24 hours by e-mail, facsimile, or overnight mail to the department.

(4) The registrant shall prepare the written confirmation filed with the department pursuant to this rule so that the names of individuals who have received an exposure to radiation are contained in a separate and detachable part of the written confirmation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5088 Reports of exposures and radiation levels exceeding limits {#sec-r-333.5088 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5088}

Rule 88. (1) In addition to the notification required by R 333.5087, a registrant shall submit a written report to the department within 30 days after learning of any of the following occurrences:

(a) An event requiring notification under R 333.5087.

(b) A dose exceeding any of the following:

(i) The occupational dose limits for adults in R 333.5057.

(ii) The occupational dose limits for a minor in R 333.5058.

(iii) The limit for an embryo or fetus of a declared pregnant woman in R 333.5059.

(iv) The limits for a member of the public in R 333.5060.

(v) Any applicable limit in the registration.

(c) Levels of radiation in either of the following conditions:

(i) A restricted area exceeding an applicable limit in the registration.

(ii) An unrestricted area exceeding 10 times an applicable limit in this part or in the registration, whether or not this involves a dose to an individual in excess of the limits in R 333.5060.

(2) A written report required by subrule (1) of this rule shall include, as appropriate, all of the following:

(a) The registrant’s name, address, and facility registration number.

(b) A description of the event, including the possible cause and the manufacturer and model number, if applicable, of any equipment that failed or malfunctioned.

(c) The location of the event.

(d) The date and time of the event.

(e) The results of any evaluations or assessments, including an estimate of each individual's dose and the levels of radiation involved.

(f) Actions taken or planned to prevent a recurrence, including the schedule for achieving conformance with applicable limits and applicable registration conditions.

(3) After filing a report required by this rule, the registrant shall make an additional written report to the department containing any additional substantive information regarding the event within 30 days after the registrant learns of the new information.

(4) A report filed with the department under this rule shall include the name, a unique identification number or social security number as appropriate, and the date of birth of each overexposed individual. The report shall be prepared so that the information is contained in a separate and detachable part of the report and shall be clearly labeled “Protected Information: Not for Public Disclosure.”

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5089 Reports to individuals of exceeding dose limits {#sec-r-333.5089 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5089}

Rule 89. When R 333.5088 requires a registrant to report to the department, the registrant shall also provide to any affected individual a report on his or her exposure data included in the report submitted to the department. This report shall be transmitted no later than the transmittal to the department.

PART 4. NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS;

INSPECTIONS FOR USERS OF RADIATION MACHINES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5091 Purpose and scope {#sec-r-333.5091 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5091}

Rule 91. This part establishes requirements for notices, instructions and reports by registrants to individuals engaged in activities associated with radiation machines and options available to these individuals in connection with department inspections of registrants to determine compliance with the act and rules regarding radiological working conditions. The rules in this part apply to all persons who receive, possess, use, own, or transfer radiation machines registered with the department under R 333.5031 to R 333.5047.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5092 Posting of notices to workers {#sec-r-333.5092 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5092}

Rule 92. (1) A registrant shall post current copies of the following documents or a notice that describes each document and states where it may be examined:

(a) The rules in this part and R 333.5051 to R 333.5089.

(b) The certificate of registration and all conditions or documents incorporated into the registration by reference.

(c) The operating procedures applicable to activities under the registration.

(2) A registrant shall post a notice of violation involving radiological working conditions, a proposed imposition of a civil penalty or order issued under R 333.5023 or R 333.5024, and required responses from the registrant.

(3) A registrant shall post department Form MIOSHA-RSS-100 “Notice to Employees” as required by these rules.

(4) A registrant shall conspicuously post documents, notices, and forms as required by this rule in a sufficient number of places to allow individuals engaged in work under the registration to observe them on the way to or from work locations to which the document applies, and shall replace a document if it is defaced or altered.

(5) A registrant shall post documents pursuant to subrule (2) of this rule within 5 working days after receipt of the documents from the department. The registrant's response shall be posted within 5 working days after dispatch from the registrant. These documents shall be posted for a minimum of 5 working days or until the violation has been corrected, whichever is later.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5093 Instructions to workers {#sec-r-333.5093 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5093}

Rule 93. (1) A registrant shall ensure that each individual, who during employment is likely to receive in a year an occupational dose greater than 1 millisievert (100 mrem), shall be the following:

(a) Instructed in the risks associated with exposure to radiation to the individual and potential offspring and in precautions or procedures to minimize exposure.

(b) Instructed in, and required to observe, to the extent within the worker's control, the applicable provisions of these rules for the protection of personnel from exposures to radiation.

(c) Instructed in his or her responsibility to report promptly to the registrant a condition that may constitute, lead to, or cause a violation of the act, these rules, a registration condition, or unnecessary exposure to radiation.

(d) Instructed in the appropriate response to warnings made due to an unusual occurrence or malfunction that may involve exposure to radiation.

(e) Advised as to the radiation exposure reports that workers shall be provided pursuant to R 333.5094.

(2) A registrant shall keep records of the instructions described in this rule.

(3) The extent of these instructions shall be commensurate with the potential radiological hazards in the workplace.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5094 Notifications and reports to individuals {#sec-r-333.5094 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5094}

Rule 94. (1) A registrant shall report radiation exposure data for an individual as specified in this rule. The information reported shall include data and results obtained pursuant to these rules, orders, or registration conditions, as shown in records kept by the registrant pursuant to R 333.5081. A notification and report shall be in writing and include all of the following:

(a) The name of the registrant, the name of the individual, and the individual's unique identification number or social security number.

(b) The individual's exposure information.

(c) The following statement:

"This report is provided to you pursuant to Part 4 of the Michigan Department of Licensing and Regulatory Affairs rules entitled ‘Ionizing Radiation Rules Governing the Use of Radiation Machines’. You should keep this report for future reference."

(2) A registrant shall make dose information available to workers as shown in records kept by the registrant pursuant to R 333.5081. A registrant shall provide an annual report to each individual monitored pursuant to R 333.5064 of the dose received in that monitoring year for either of the following reasons:

(a) The individual’s occupational dose exceeds 1 millisievert (100 mrem) effective dose equivalent or 1 millisievert (100 mrem) to an individual organ or tissue.

(b) The individual requests his or her annual dose report.

(3) At the request of a worker formerly engaged in work controlled by the registrant, the registrant shall provide a written report of the worker's exposure to radiation machines. The report shall include the dose record for each year the worker was required to be monitored pursuant to R 333.5064. The report shall be provided within 30 days from the date of the request, or within 30 days after the dose of the individual has been determined by the registrant, whichever is later. The report shall cover the period of time the worker's activities involved exposure to radiation machines. The report shall include the dates and locations of work associated with radiation machines in which the worker participated during this period.

(4) When a registrant is required pursuant to R 333.5087 or R 333.5088 to report to the department an exposure of an individual to radiation, the registrant shall also provide the individual a written report of the exposure data included in the report. This report shall be transmitted at a time not later than the transmittal to the department.

(5) At the request of a worker who is terminating employment with the registrant in work involving exposure to radiation during the current year, or at the request of a worker who, while employed by another person, is terminating a work assignment involving radiation exposure in the registrant's facility during the current year, each registrant shall provide at termination to the worker, or to the worker's designee, a written report of the radiation dose received by that worker from operations of the registrant during the current year. If the most recent individual monitoring results are not available, a written estimate of the dose shall be provided. Estimated doses shall be clearly indicated as estimated doses.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5096 Presence of representatives of registrants and workers during inspection {#sec-r-333.5096 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5096}

Rule 96. (1) A registrant or an applicant for a registration shall allow the department at all reasonable times, the opportunity to inspect machines, activities, facilities, premises, and records under these rules.

(2) During an inspection, the registrant shall allow department inspectors to consult privately with workers as specified in R 333.5097. The registrant may accompany department inspectors at times other than the private consultation with workers.

(3) If the workers have authorized an individual to represent them during department inspections, the registrant shall notify the inspectors of the authorization and shall permit the workers' representative to accompany the inspectors during the inspection of physical working conditions.

(4) A worker’s representative shall be routinely engaged in work under control of the registrant and shall have received instructions as specified in R 333.5093.

(5) If there is no resulting interference with the conduct of the inspection, different representatives of registrants and workers may accompany the inspectors during different phases of an inspection. However, only 1 workers' representative at a time may accompany the inspectors.

(6) With the approval of the registrant and the workers' representative, an individual who is not routinely engaged in work under control of the registrant, for example, a consultant to the registrant or to the workers' representative, may accompany department inspectors during the inspection of physical working conditions.

(7) Department inspectors may refuse to permit accompaniment by an individual who deliberately interferes with a fair and orderly inspection.

(8) Unless previously authorized by the registrant, a worker’s representative shall not have access to an area containing proprietary information.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5097 Consultation with workers during inspections {#sec-r-333.5097 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5097}

Rule 97. (1) Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of these rules to the extent that the inspectors consider necessary for the conduct of an effective and thorough inspection.

(2) During an inspection, a worker may report privately to the inspectors, either orally or in writing, a past or present condition that the worker believes may have contributed to or caused a violation of the act, these rules, a registration condition, or unnecessary exposure of an individual to radiation from machines under the registrant's control. If this notice is in writing, the worker shall comply with the requirements of R 333.5098(1).

(3) The provisions of subrule (2) of this rule shall not be interpreted as authorization to disregard instructions pursuant to R 333.5093.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5098 Requests by workers for inspections {#sec-r-333.5098 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5098}

Rule 98. (1) A worker or a representative of workers who believes that a violation of the act, these rules, or registration conditions exists or has occurred regarding radiological working conditions may request an inspection of the facility by the department. The request shall be in writing, describe the circumstances of the perceived violation or condition, and be signed by the worker or the representative of the workers.

The department shall provide a copy of the request to the registrant before or during the inspection. At the request of the worker, the department shall protect the worker's name and the name of individuals referred to in the request, except for good cause shown.

(2) If, upon receipt of a request for an inspection, the department determines that the complaint meets the requirements of subrule (1) of this rule, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection shall be made as soon as practical to determine if the alleged violation exists or has occurred. An inspection authorized by this rule need not be limited to matters referred to in the complaint.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5100 Inspections not warranted; informal review {#sec-r-333.5100 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5100}

Rule 100. (1) If the department determines, with respect to a complaint filed pursuant to R 333.5098, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the department shall notify the complainant in writing of the determination. To request a review of the determination the claimant shall submit a written statement of position to the department director. The department director, or his or her designated representative, shall send the registrant a copy of the statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The registrant may submit an opposing written statement of position to the department director. The department director, or his or her designated representative, shall send the complainant a copy of the statement by certified mail.

(2) At the request of the complainant, the department may hold an informal conference in which the complainant and the registrant may orally present their views.

An informal conference may also be held at the request of the registrant, but disclosure of the identity of the complainant shall be made only following receipt of written authorization from the complainant. After considering all written and oral views presented, the department director, or designated representative shall affirm, modify, or reverse the determination of the department and provide the complainant and the registrant a written notification of the decision. The notification shall include a discussion of the basis for the decision.

(3) If, upon receipt of a request for an inspection, the department determines that an inspection is not warranted because the complaint does not meet the requirements of R 333.5098(1), the department shall notify the complainant in writing of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of R 333.5098(1).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5101 Employee protection {#sec-r-333.5101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5101}

Rule 101. Employment discrimination by a registrant, or contractor or subcontractor of a registrant against an employee for engaging in protected activities under this part is prohibited.

PART 5. OPERATOR QUALIFICATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5201 Purpose and scope {#sec-r-333.5201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5201}

Rule 5201. (1) This part establishes the qualification requirements of individuals engaged in medical radiologic technology. Improper performance of medical radiologic technology results in unnecessary exposure to machine produced ionizing radiation and the unnecessary re-administration of machine produced ionizing radiation. Therefore, the qualification of these individuals to apply machine produced ionizing radiation to humans has a direct impact on the machine produced ionizing radiation burden of the patient.

(2) Unless specifically exempt in accordance with R 333.5209, a registrant shall not employ an individual to perform medical radiologic technology who does not meet the requirements of this part or without the expressed written approval of the department.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5202 Definitions; A {#sec-r-333.5202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5202}

Rule 5202. (1) “ACRRT” means American Chiropractic Registry of Radiologic Technologists.

(2) "Approved program" means a formal education program in the respective discipline of radiography or radiation therapy that is accredited by 1 or more of the following:

(a) Joint Review Committee on Education in Radiologic Technology.

(b) Regional institutional accrediting agencies.

(c) Conjoint Secretariat of the Canadian Medical Association.

(3) “ARRT” means American Registry of Radiologic Technologists.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5203 Definitions; B {#sec-r-333.5203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5203}

Rule 5203. "Bone densitometry" means the science and art of applying machine produced ionizing radiation to human beings for the determination of site-specific bone density.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5204 Definitions; C.to G {#sec-r-333.5204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5204}

Rule 5204. (1) “CAMRT” means Canadian Association of Medical Radiation Technologists.

(2) “CBRPA” means Certification Board for Radiology Practitioner Assistants.

(3) “CCI” means Cardiovascular Credentialing International.

(4) "Chiropractic radiography" means the science and art of applying machine produced ionizing radiation to human beings for diagnostic evaluation of skeletal anatomy.

(5) "Continuing education activity" means a learning activity that is planned, organized, and administered to enhance the professional knowledge and skills underlying professional performance that a medical radiologic technologist uses to provide services for patients, the public, or the medical profession. T o qualify as continuing education, the activity must be planned a n d organized t o provide sufficient depth and scope of a subject area.

(6) "CE credit" or continuing education credit means a unit of measurement for continuing education activities. One CE credit is awarded for 1 contact hour, which is 50 minutes. Activities longer than 1 hour are assigned whole or partial credits based on the 50-minute hour.

(7) “Direct supervision” means the required individual must be present in at least an adjacent area and immediately available to furnish assistance and direction throughout the procedure, and is responsible for t h e control of quality, radiation safety protection, and technical aspects of the application of radiation to human beings for diagnostic, therapeutic, or research purposes.

(8) “General supervision” means the procedure is furnished under the overall direction and control of a licensed practitioner whose presence is not required during the performance of the procedure., and is responsible for t h e control of quality, radiation safety protection, and technical aspects of the application of radiation to human beings for diagnostic, therapeutic, or research purposes.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5205 Definitions; L {#sec-r-333.5205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5205}

Rule 5205. (1) "Licensed practitioner" means a health practitioner licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(2) “Limited diagnostic radiographer” means an individual, other than a licensed practitioner, who, while under the general supervision of a licensed practitioner, performs limited diagnostic radiography.

(3) “Limited diagnostic radiography” means the science and art of applying machine produced ionizing radiation to human beings for limited diagnostic purposes.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5206 Definitions; M {#sec-r-333.5206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5206}

Rule 5206. (1) "Medical radiologic technologist" means an individual, other than a licensed practitioner, who, while under the general supervision of a licensed practitioner performs medical x - radiation procedures involving the application of machine produced ionizing radiation to human beings for diagnostic, therapeutic, and research purposes.

(2) "Medical radiologic technology" means the science and art of performing medical x - radiation procedures involving the application of machine produced ionizing radiation to human beings for diagnostic, therapeutic, and research purposes. The specialized disciplines of medical radiologic technology are medical radiography, radiation therapy technology, chiropractic radiography, limited diagnostic radiography, and radiologist assistant.

(3) "Medical radiographer" means an individual, other than a licensed practitioner, who, while under the general supervision of a licensed practitioner, applies machine produced ionizing radiation to a part of the human body.

(4) "Medical radiography" means the science and art of applying machine produced ionizing radiation to human beings for diagnostic, and research purposes.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5207 Definitions; P {#sec-r-333.5207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5207}

Rule 5207. (1) “Personal supervision” means the required individual i s in attendance in the room during the performance of a procedure, and is responsible for t h e control of quality, radiation safety and protection, and technical aspects of the application of radiation to human beings for diagnostic, therapeutic, or research purposes.

(2) "Physician's assistant" means an individual who is licensed as a physician's assistant under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.

(3) "Podiatric" means a radiographic examination of the toes, foot, ankle, calcaneus, and distal tibia/fibula but does not include the knee joint.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5208 Definitions; R {#sec-r-333.5208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5208}

Rule 5208. (1) "Radiation therapy technology" means the science and art of applying radiation emitted from x-ray machines or particle accelerators to human beings for therapeutic purposes.

(2) "Radiologist assistant" means an individual, other than a licensed practitioner, who as a medical radiographer with advanced-level training and certification, performs a variety of activities under the direct, general, or personal supervision of a radiologist, certified by the American Board of Radiology (ABR), the American Osteopathic Board of Radiology (AOBR), or Royal College of Physicians and Surgeons of Canada (RCPSC), in the areas of patient care, patient management, clinical imaging, and interventional procedures. The radiologist assistant shall not interpret images, make diagnoses, or prescribe medications or therapies.

(3) "Radiology" means the branch of medicine that deals with the study and application of imaging technology to diagnose and treat disease.

(4) "RCEEM" o r “ recognized continuing education evaluation mechanism” means a mechanism used by the ARRT for evaluating the content, quality, and integrity of an educational activity. The evaluation shall include a review of education objectives, content selection, faculty qualifications, and educational methods and materials.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5209 Exemptions {#sec-r-333.5209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5209}

Rule 5209. (1) Nothing in this part shall be construed to limit or affect in any respect, the medical practice of individuals properly licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838 with respect to their professions and scope of practice.

(2) The following individuals are exempt from the requirements of this part:

(a) A student enrolled in an approved program applicable to his or her profession who, as a part of his or her course of study, applies machine produced ionizing radiation to human beings while under the direct supervision of a licensed practitioner or medical radiologic technologist who meets the requirements of this part.

(b) An individual employed as a dental assistant or dental hygienist who performs radiography under the general supervision of a licensed practitioner.

(c) A nurse, technician, or other assistant who, under the general supervision of a licensed practitioner, performs bone densitometry.

(d) A medical radiologic technologist performing mammography who meets the qualification requirements of R 333.5630.

(e) A computed tomography (CT) operator who meets the qualification requirements of R 333.5705.

(f) A nuclear medicine technologist who, under the supervision of an authorized user, utilizes sealed and unsealed radioactive materials for diagnostic, treatment, and research purposes.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5210 Categories and types of qualification {#sec-r-333.5210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5210}

Rule 5210. (1) The department recognizes all of the following categories in the practice of medical radiologic technology:

(a) Medical radiography.

(b) Radiation therapy technology.

(c) Radiologist assistant.

(d) Chiropractic radiography.

(e) Limited diagnostic radiography.

(2) The department recognizes the following types of qualifications:

(a) Active status for individuals who have passed an examination as indicated in R 333.5211 and who maintain current registration status with the registry providing the examination.

(b) Temporary status for individuals who have completed an approved program in medical radiography, radiation therapy technology, radiologist assistant, chiropractic radiography, or cardiac catheterization and interventional radiography and are eligible for the examination required to obtain the credential or credentials specified in R 333.5211. Temporary status conveys the same rights as active status. Temporary status must not exceed 3 years after completion of the approved program.

(c) Limited diagnostic radiography for individuals who have completed the training required in R 333.5212. Limited diagnostic radiography procedures that require specific limited qualifications are as follows:

(i) Limited diagnostic radiography – chest:

(A) Posterior anterior upright.

(B) Anterior posterior supine.

(C) Lateral upright.

(D) Lateral decubitus.

(E) Anterior posterior lordotic.

(F) Obliques.

(ii) Limited diagnostic radiography – extremities:

(A) Finger or fingers.

(B) Forearm.

(C) Shoulder.

(D) Toes.

(E) Tibia and fibula.

(F) Femur.

(G) Hand.

(H) Elbow.

(I) Clavicle.

(J) Foot.

(K) Knee.

(L) Wrist.

(M) Humerus.

(N) Scapula.

(O) Ankle.

(P) Patella.

(iii) Limited diagnostic radiography – spine:

(A) Cervical spine.

(B) Sacroiliac joints.

(C) Thoracic spine.

(D) Sacrum.

(E) Lumbar spine.

(F) Coccyx.

(iv) Limited diagnostic radiography - skull and sinuses:

(A) Skull.

(B) Paranasal sinuses.

(C) Mandible facial bones.

(v) Limited diagnostic radiography – podiatric:

(A) Foot.

(B) Ankle.

(d) Conditional status for individuals can occur during the 3 years immediately following the effective date of this part. A medical radiologic technologist that does not meet the requirements of subdivision (a), (b), or (c) of this subrule shall be considered qualified contingent upon a written statement of assurance that the individual is competent to apply machine produced ionizing radiation to human beings. This statement of assurance must be maintained for inspection by the department and must specify the nature of the equipment and procedures the individual is competent to utilize. The statement of assurance must be provided by a licensed practitioner under whose general supervision the individual is employed or has been employed. Three years after the effective date of this part, a medical radiologic technologist shall meet the requirements of subdivision (a), (b), or (c) of this subrule.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5211 Credentialing requirements {#sec-r-333.5211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5211}

Rule 5211. Individuals who seek to qualify for active status in medical radiologic technology shall possess the appropriate credential or credentials as specified below or equivalent:

(a) Medical radiography:

(i) ARRT – radiography (R).

(ii) CAMRT – registered technologist, radiation technology (RTR).

(b) Radiation therapy technology:

(i) ARRT – registered radiation therapists (RTT).

(ii) CAMRT – registered radiation therapists (RTT).

(c) Radiologist assistant:

(i) ARRT – registered radiologist assistant (RRA).

(ii) CBRPA – radiology practitioner assistant (RPA).

(d) Chiropractic radiography provided through ACRRT.

(e) Cardiac catheterization and interventional radiography:

(i) ARRT – cardiovascular interventional radiography (CV).

(ii) ARRT – cardiac interventional radiography (CI).

(iii) ARRT – vascular interventional radiography (VI).

(iv) CCI – registered cardiovascular invasive specialist (RCIS).

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5212 Limited diagnostic radiography requirements {#sec-r-333.5212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5212}

Rule 5212. (1) Individuals who perform limited diagnostic radiography shall pass an approved program or obtain a minimum of 40 hours of training relevant to the radiologic science within the limited scope of practice. This training must include both clinical and didactic components.

(2) The following general categories must be included in limited diagnostic radiography training or program:

(a) Fundamentals of healthcare.

(b) Medical terminology.

(c) Patient care and management.

(d) Human anatomy and physiology.

(e) Imaging production and evaluation.

(f) Imaging equipment and radiation production.

(g) Radiation protection and radiobiology.

(3) In addition to the categories in subrule (2) of this rule, the curriculum must include the following:

(a) Limited chest radiography programs must include instruction on chest radiography procedures.

(b) Limited extremity programs must include instruction on extremity radiographic procedures.

(c) Limited spine programs must include instruction on spine radiographic procedures.

(d) Limited skull and sinus programs must include instruction on skull and sinus radiographic procedures.

(e) Limited podiatry programs must include instruction on foot, ankle, and leg below the knee radiographic procedures.

(4) Limited diagnostic radiography programs must be competency-based educational programs.

(5) All limited diagnostic radiographers are required to maintain proof of completion of approved program or training.

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5213 Continuing education requirements {#sec-r-333.5213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5213}

Rule 5213. (1) The required number of CE credits for limited diagnostic radiography is 12 CE credits.

(2) CE credits required by subrule (1) of this rule must be completed within 24 months after the effective date of these rules and every 24 months after their initial completion.

(3) The options for meeting CE requirements are any of the following:

(a) Activities approved by an RCEEM. Among the requirements for qualification as an RCEEM, an organization shall be national in scope, non-profit, radiology based, and willing to evaluate CE activity developed by a medical radiologic technologist within a given discipline. Organizations with current RCEEM status include:

(i) American College of Radiology.

(ii) American Healthcare Radiology Administrators.

(iii) American Institute of Ultrasound in Medicine.

(iv) American Roentgen Ray Society.

(v) American Society of Nuclear Cardiology.

(vi) American Society of Radiologic Technologists.

(vii) Association of Vascular and Interventional Radiographers.

(viii) Canadian Association of Medical Radiation Technologists.

(ix) Medical Dosimetrist Certification Board.

(x) Radiological Society of North America.

(xi) Society of Diagnostic Medical Sonography.

(xii) Section for Magnetic Resonance Technologist of the International Society for Magnetic Resonance in Medicine.

(xiii) Society of Nuclear Medicine Technologist Section.

(xiv) Society of Vascular Ultrasound.

(b) Approved academic courses offered by a post-secondary educational institution that are relevant to the radiologic sciences or patient care, or both. Courses in the biologic sciences, physical sciences, verbal and written communication, mathematics, computers, management, or education methodology are considered relevant. Credit is awarded at the rate of 12 CE credits for each academic quarter or 16 CE credits for each academic semester credit.

(c) Advanced cardiopulmonary resuscitation (CPR) certification, including advanced life support, instructor, or instructor trainer, through the American Red Cross, the American Heart Association, or the American Safety and Health Institute is awarded 6 CE credits.

(4) All limited diagnostic radiographers are required to maintain proof of participation in continuing education activities. P r o o f may be in the form of a certificate or an itemized list from an ARRT-approved record-keeping mechanism.

PART 6. INDUSTRIAL RADIOGRAPHIC OPERATIONS AND

INSTALLATIONS

History

• History: 2024 MR 6, Eff. March 13, 2024.

Mich. Admin. Code R 333.5281 Purpose and scope {#sec-r-333.5281 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5281}

Rule 281. (1) This part establishes radiation safety requirements for persons utilizing radiation machines for industrial radiography and a classification system for industrial radiographic installations and use.

(2) This part applies to all registrants who use radiation machines for industrial radiography. Nothing in this part applies to the use of radiation machines by a health practitioner licensed under article 15 of the act.

(3) In addition to the requirements of this part, all registrants are subject to the applicable provisions of the other parts of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5282 Definitions {#sec-r-333.5282 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5282}

Rule 282. As used in this part:

(a) "Industrial radiography" means the examination of the macroscopic structure of materials by nondestructive methods utilizing radiation machines.

(b) "Installation" means a location, having boundaries specified by the registrant, where for a period of more than 30 days 1 or more radiation machines are used. A part of a building, an entire building, a plant, or plant site may be designated as an installation.

(c) "Radiographer" means an individual who performs or who, in attendance at the site where radiation machines are being used, personally supervises class D radiographic operations and who is responsible to the registrant for assuring compliance with the requirements of these rules and all registration conditions.

(d) "Radiographer's assistant" means an individual who, under the personal supervision of a radiographer, uses radiation machines or survey instruments in class D radiographic operations.

CLASSIFICATION

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5293 Class enumeration {#sec-r-333.5293 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5293}

Rule 293. (1) For registration and approval purposes, industrial radiographic installations shall be classified as class AA, class A, class B, or class C.

(2) For the purpose of registering and approving industrial radiography and radiation machines intended for limited use at temporary job site locations, this use shall be classified as a class D operation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5294 Class AA installations {#sec-r-333.5294 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5294}

Rule 294. (1) In class AA installations the radiation machine and objects exposed thereto shall be contained within a permanent enclosure.

(2) The enclosure shall be constructed such that the radiation dose rate at a distance of 5 centimeters from any point on the external surface shall not exceed 0.02 millisievert per hour (2 mrem/h). The dose rate shall be measured with the source of radiation placed at the position of closest source-wall distance that is radiographically usable and under conditions of maximum radiation output permitted by the design or operating characteristics of the radiation machine.

(3) Mechanical or electrical limiters shall limit movement or alignment of the radiation machine within the enclosure if necessary to comply with subrule (2) of this rule.

(4) A personnel barrier posted pursuant to R 333.5067 to R 333.5072 restricting access to the roof of the enclosure shall meet the requirement of subrule (2) of this rule.

(5) Reliable interlocks shall be provided which will prevent anyone from opening the enclosure while the radiation machine is on or which will terminate machine operation should anyone open the enclosure.

(6) Enclosures of sufficient size to permit human occupancy shall be provided with visible signals or audible signals, or both, within the enclosure, which are activated a minimum of 5 seconds before radiation machine activation. Individuals shall at all times be able to escape from within the enclosure.

(7) Individuals shall not be permitted to remain within the enclosure while the radiation machine is in operation.

(8) Protective enclosures and equipment shall be kept in good repair.

(9) Industrial fluoroscopy shall meet the requirements of class AA installations.

(10) Notwithstanding the provisions of subrule (2) of this rule, the enclosure for industrial fluoroscopy shall be constructed such that the radiation dose rate at a distance of 5 centimeters from any accessible point on the external surface shall not exceed 0.005 millisievert per hour (0.5 mrem/h) under conditions of maximum radiation output permitted by the design or operating characteristics of the installation.

(11) Industrial cabinet radiography conducted in enclosures of insufficient size to permit human occupancy shall meet the requirements of class AA installations.

(12) Notwithstanding the provisions of subrule (2) of this rule, the enclosure for industrial cabinet radiography of insufficient size to permit human occupancy shall be constructed such that the radiation dose rate at a distance of 5 centimeters from any accessible point on the external surface shall not exceed 0.005 millisievert per hour (0.5 mrem/h) under conditions of maximum radiation output permitted by the design or operating characteristics of the installation.

(13) For class AA enclosures of sufficient size to permit human occupancy, a personnel radiation dosimeter shall be permanently assigned to each occupationally exposed individual. This monitoring shall be continuous during employment as a radiation worker.

(14) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs for inspection by the department.

(15) Class AA approval permits unlimited use at maximum capacity.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5296 Class A installations {#sec-r-333.5296 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5296}

Rule 296. (1) Class A installations shall comply with all requirements of R 333.5294 except for a permissible dose rate of 0.07 millisievert per hour (7 mrem/h) at any accessible external point.

(2) A personnel radiation dosimeter shall be permanently assigned to each occupationally exposed individual. This monitoring shall be continuous during employment as a radiation worker.

(3) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs for inspection by the department.

(4) Class A approval permits unlimited use at maximum capacity.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5297 Class B installations {#sec-r-333.5297 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5297}

Rule 297. (1) Class B installations shall comply with all requirements of R 333.5296.

(2) Radiation machine current and potential controls shall be mechanically or electrically limited so as not to exceed the normal operating conditions as specified by the registrant at the time of application for registration.

(3) Class B approval permits unlimited use under normal operating conditions as specified by subrule (2) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5298 Class C installations {#sec-r-333.5298 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5298}

Rule 298. (1) Class C installations shall comply with all requirements of R 333.5296 except for a permissible dose rate of 0.5 millisievert (50 mrem) per hour at any accessible external point.

(2) The maximum weekly exposure time of radiation machines within the enclosure shall be established by the department under the conditions specified by the registrant at the time of application.

(3) Warning signs shall be posted in those areas outside the enclosure in which the radiation dose rate at any accessible external point exceeds 0.02 millisievert per hour (2 mrem/h). The dose rate shall be measured with the radiation machine tube placed at position of nearest source-wall distance that is radiographically usable under conditions of maximum radiation output permitted by the design or limited operating characteristics of the radiation machine.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5299 Class D operations {#sec-r-333.5299 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5299}

Rule 299. (1) Industrial radiography conducted under conditions not meeting the provisions and requirements of R 333.5294 to R 333.5298 shall be classified as class D operations and shall not be operated longer than 30 days unless written authorization is granted by the department.

(2) Written authorization may be granted by the department for class D operations longer than 30 days but not longer than 6 months when an undue and unnecessary hardship may result from the 30-day limitation. Written request by the registrant for this authorization is required and shall describe the hardship involved as well as provide written assurance of compliance with the requirements of these rules for class D operations.

(3) Notwithstanding subrules (1) and (2) of this rule, a registrant routinely engaged in providing industrial radiography services with mobile or portable radiation machines at temporary job site locations may conduct such class D operations without time limitation subject to all of the following conditions:

(a) The registrant shall give written notice to the department at least 2 working days before starting radiographic work at a job site. The notice shall include the radiographer's name; the machine registration number; the nature, duration, and scope of use; and the exact location of each job site. If the 2 work-day period would impose an undue hardship on the registrant, upon application to the department, he or she may arrange for other notification to comply with the intent of this requirement.

(b) These class D operations shall be limited to locations and circumstances which cannot meet the provisions and requirements of permanent installation classification without undue and unnecessary hardship.

(c) A copy of written operating and emergency procedures shall be filed with and approved by the department.

(d) Upon reasonable notice from the department, the registrant shall submit to the department or otherwise make available copies of specific records pertaining to radiographic operations and personnel conducting these operations within this state.

(4) A fence, rope, or other suitable barrier shall be erected along the 0.05 millisievert per hour (5 mrem/h)contour line during class D radiographic operations to exclude unauthorized individuals from the radiation area.

(5) Notwithstanding the requirements of R 333.5073, the radiation area and high radiation area shall be posted with caution signs as specified in R 333.5067 to R 333.5072.

(6) A registrant shall not permit an individual to act as a radiographer or as a radiographer's assistant unless, at all times during radiographic operation, the individual wears a long-term monitoring device such as a film badge or TLD and a short-term monitoring device such as a pocket dosimeter or pocket chamber. Pocket dosimeters and pocket chambers shall be capable of measuring doses from 0 to at least 2 millisieverts (200 mrem). A long-term monitoring device shall be assigned to and worn by only 1 individual.

(7) Pocket dosimeters and pocket chambers shall be read and doses recorded daily. A film badge or similar device shall be immediately processed if a pocket chamber or pocket dosimeter is discharged beyond its range. All personnel exposure reports and records of pocket dosimeter and pocket chamber readings shall be maintained for inspection by the department.

(8) Written operating and emergency procedures shall be available at each class D radiographic operation.

REQUIREMENTS FOR CLASS D RADIOGRAPHIC OPERATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5302 Operating and emergency procedures {#sec-r-333.5302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5302}

Rule 302. A registrant's written operating and emergency procedures for class D radiographic operations shall include instructions in at least the following:

(a) The use of radiation machines to be employed such that an individual is not likely to be exposed to radiation doses in excess of the limits established in R 333.5057 to R 333.5061.

(b) Methods and occasions for conducting radiation surveys.

(c) Methods for controlling access to radiographic areas.

(d) Personnel monitoring and the use of individual monitoring devices.

(e) Transportation to field locations, including packing of radiation machines in the vehicles, posting of vehicles, and control of radiation machines during transportation.

(f) Minimizing exposure of persons in the event of an accident.

(g) Procedure for notifying proper persons in the event of an accident.

(h) Maintenance of records.

(i) Inspection and maintenance of radiation machines.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5305 Security {#sec-r-333.5305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5305}

Rule 305. (1) During each class D radiographic operation, the radiographer or radiographer's assistant shall maintain a direct surveillance of the operation to protect against unauthorized entry into a high radiation area, except where the high radiation area is equipped with interlocks as described in R 333.5294 (5), or where the high radiation area is locked to protect against unauthorized or accidental entry.

(2) A radiographer or radiographer's assistant shall not perform or permit class D radiographic operation unless all individuals present in or entering the resulting radiation area are wearing individual monitoring devices.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5306 Radiation surveys and survey records {#sec-r-333.5306 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5306}

Rule 306. (1) A class D radiographic operation shall not be conducted unless calibrated and operable radiation survey instrumentation, as described in R 333.5307, is available and used at each site where radiographic exposures are made.

(2) For class D radiographic operations, a physical radiation survey shall be conducted to determine that the radiation machine is off before each entry into the radiographic exposure area.

R 333.5307. Radiation survey instruments.

Rule 307. (1) A registrant shall maintain calibrated and operable radiation survey instruments to make physical radiation surveys as required by R 333.5306 and R 333.5063. A radiation survey instrument shall be calibrated at least annually and after each instrument servicing. A record of the calibration shall be maintained for examination by the department.

(2) Instrumentation required by this rule shall have a range such that 0.02 millisievert per hour (2 mrem/h) through 0.01 sievert per hour (1 rem/h) can be measured and shall be capable of measuring radiation of the energies and at the dose rates to be encountered.

(3) During repair or calibration of survey instruments required by this rule, spare operable and calibrated instruments shall be provided or class D radiographic operations shall be terminated pursuant to R 333.5306(1).

History

• History: 2016 AACS.
• History: 2016 AACS.

Mich. Admin. Code R 333.5308 Utilization logs {#sec-r-333.5308 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5308}

Rule 308. A registrant shall maintain for inspection by the department current logs, which contain all of the following information for each radiation machine:

(a) The machine registration number.

(b) The identity of the radiographer to whom the machine is assigned.

(c) The locations where used and dates of use.

(d) The signature or initials of the individual certifying each entry.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5309 Limitations for radiographers and radiographer assistants {#sec-r-333.5309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5309}

Rule 309. (1) A registrant shall not permit an individual to act as a radiographer until all of the following have been met:

(a) The individual was instructed in the subjects outlined in table 309 and has demonstrated understanding of these subjects.

TABLE 309

Instruction of radiographers I Fundamentals of Radiation Safety A. Characteristics of x-radiation B. Units of radiation dose C. Hazards of excessive radiation exposure D. Levels of radiation from radiation machines E. Methods of controlling radiation dose 1. Working time 2. Working distances 3. Shielding I I Radiation Detection Instrumentation to be Used A. Use of radiation survey instruments 1. Operation 2. Calibration 3. Limitations B. Survey techniques C. Use of individual monitoring devices I II.

Radiographic Equipment to be Used A. Operation and control of x-ray equipment I V.

The Requirements of Pertinent State Regulations V .

The Registrant's Written Operating and Emergency Procedures V I.

Registration Conditions (b) The individual received copies of and instruction in the rules contained in this part and the applicable provisions sections of R 333.5051 to R 333.5089, registration conditions, and the registrant's operating and emergency procedures, and has demonstrated an understanding of these subjects.

(c) The individual demonstrated competence to use the radiation machine and survey instruments which will be employed in his or her assignment.

(2) A registrant shall not permit an individual to act as a radiographer's assistant until both of the following have been met:

(a) The individual received copies of and instruction in the registrant's operating and emergency procedures, and has demonstrated an understanding of these procedures.

(b) The individual demonstrated competence to use, under the personal supervision of the radiographer, the radiation machines and radiation survey instruments which will be employed in his or her assignment.

PART 7. MEDICAL X-RAY INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5311 Purpose and scope {#sec-r-333.5311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5311}

Rule 311. (1) This part establishes requirements governing the use of x-radiation in medicine, osteopathy, chiropractic, and podiatry.

(2) This part applies to all registrants who use x-radiation as a health practitioner or on behalf of a health practitioner licensed under article 15 of the act for the intentional exposure of humans.

(3) In addition to the requirements of this part, all registrants who use x-radiation as a health practitioner or on behalf of a health practitioner licensed under article 15 of the act are subject to all applicable provisions of these rules.

THERAPEUTIC MACHINES OPERATED ABOVE 85 KVP

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5312 X-ray equipment {#sec-r-333.5312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5312}

Rule 312. (1) The tube housing shall be of the therapeutic type.

(2) Permanent diaphragms or cones used for collimating the useful beam shall afford the same degree of attenuation as is required of the housing.

(3) Adjustable or removable beam-limiting devices shall transmit not more than 5% of the useful beam as determined at the maximum tube potential and with maximum treatment filter.

(4) Filters shall be so mounted as to prevent their movement during the treatment.

(5) The filter slot shall be so constructed that the radiation escaping through it does not produce an exposure rate exceeding 1 R/h at 1 meter, or if the patient is likely to be exposed to radiation escaping from the slot, 30 R/h at 5 centimeters (2 inches) from the external opening.

(6) A removable filter shall be permanently marked with its thickness and material.

(7) A filter indication system shall be used on therapy machines which use changeable filters. It shall indicate, from the control panel, the presence or absence of a filter and it shall be designed to permit easy recognition of the filter in place.

(8) The x-ray tube shall be so mounted that it cannot turn or slide with respect to the housing aperture. A reproducible means of measuring the focal spot to patient distance shall be provided.

(9) Means to immobilize the tube housing during stationary portal treatment shall be provided.

(10) An easily discernible indicator which shows whether or not x-rays are being produced shall be on the control panel.

(11) Beam monitoring devices shall be fixed in the useful beam to indicate an error due to incorrect filter, tube current, or tube potential, unless the device introduces more filtration than is clinically acceptable.

(12) A suitable exposure control device, such as an automatic timer, exposure meter, or dose meter, shall be provided to terminate the exposure after a preset time interval or preset exposure or dose limit. If a timer is used, it shall permit accurate presetting and determination of exposure times as short as 1 second. Means for the operator to terminate the exposure at any time shall be provided.

(13) Mechanical or electrical stops, or both shall be provided to insure that the useful beam is oriented only toward primary barriers.

(14) Interlocks shall be provided so that, when a door to the treatment room is opened, the machine turns off automatically or the radiation level within the room is reduced to an average of not more than 2 mR/h and a maximum of 10 mR/h at a distance of 1 meter in any direction from the source. After the shut-off or reduction in exposure rate, it shall be possible to restore the machine to full operation only from the control panel.

(15) The x-ray control circuit shall be so designed that it is not possible to energize the x-ray tube to produce x-rays without resetting the x-ray "ON-OFF" switch at the control panel.

(16) When the relationship between the beam interceptor (when present) and the useful beam is not permanently fixed, mechanical or electrical stops shall be provided to ensure that the beam is oriented only toward primary barriers.

(17) X-ray machines with electron beam extraction capability shall be provided with such additional safety devices as determined necessary and specified in writing by the department to prevent accidental electron beam exposure.

(18) To reduce the electron contamination of high energy treatment beams, shadow trays, or other accessories placed in the primary beam shall be placed at a sufficient distance from the patient that the electron contamination contribution to the skin dose is minimal.

Editor's Note: An obvious error in R 325.5312 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5315 Enclosures {#sec-r-333.5315 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5315}

Rule 315. (1) An enclosure shall be a permanent part of the building or equipment.

Portable protective barriers shall not be used for permanent installations.

(2) The degree of protection required for an enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

(3) All wall, ceiling, and floor areas that can be irradiated by the useful beam plus an additional area extending at least 30 centimeters (1 foot) beyond shall be provided with a primary protective barrier.

(4) For equipment capable of operating above 150 kVp, the control station shall be outside of the therapy room.

(5) The enclosure shall be so constructed that individuals may at all times be able to escape from within.

(6) If the radiation exposure rate within the therapy room is so high that an individual who is accidentally in the treatment room when the machine is turned "ON" may receive as much as 1250 mR exposure during the time required to reach an access door, special cut-off, or panic buttons shall be required. When pressed, these buttons, operable by open hand at appropriate positions about the treatment room, shall cause the irradiation to be terminated.

(7) Effective means shall be provided to prevent access to the treatment room during exposure. For equipment capable of operating above 150 kVp, each access door to the treatment room shall be provided with a fail-safe interlock. The interlock system shall be so designed that the failure of any 1 component cannot jeopardize the safety of the system, such as the use of series connected double switch assemblies at access doors, and dual interlock relays. If an access door is opened when the machine is "ON", the interlock shall cause termination or reduction of exposure as specified in R 333.5312(14).

(8) Red warning signal lights, energized only when the useful beam in "ON", shall be located on the control panel and near each entrance to the therapy room. Under conditions as specified in subrule (6) of this rule a visible signal shall also be located within the therapy room. Depending upon control panel and door locations, a single warning signal light may be sufficient to comply with this subrule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5317 Conditions of operation {#sec-r-333.5317 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5317}

Rule 317. (1) An installation shall be operated in compliance with all limitations determined necessary and specified in writing by the department.

(2) The output of the x-ray generator shall be calibrated before use for the treatment of patients for each technique or condition of use. The department shall be informed by telephone or in writing of completion of initial calibration before patient treatment is initiated. A written report of this initial calibration shall be submitted within 30 days to the department. Recalibration shall be required after each tube replacement and after any changes or replacement in the generating apparatus which could affect a change in the xray output. Check calibrations shall be made on an annual basis and records of all calibration maintained for not less than 7 years.

(3) X-ray therapy equipment capable of operating above 150 kVp shall not be operated routinely until the radiation safety of the installation has been established by a protection survey conducted pursuant to R 333.5063. The department shall be informed by telephone or in writing of completion of the initial survey before patient treatment is initiated. A written report of this initial survey shall be submitted within 30 days to the department. All x-ray therapy equipment shall be operated in conformance with recommendations of the protection survey.

(4) Both the control panel and the patient shall be observable during exposure.

(5) When a patient must be held in position for radiation therapy, mechanical supporting or restraining devices should be used. If the patient must be held by an individual, upon approval by the radiologist in charge followed by written notice to the department, that individual shall be provided protection equivalent to 7 half-value layers and shall be positioned so that no part of his or her body can be struck by the useful beam and is as far as possible from the edge of the useful beam. The exposure of an individual used for this purpose shall be monitored and a permanent record maintained. The individual selected for this purpose shall not otherwise be occupationally exposed to ionizing radiation.

(6) With the exception of subrule (5) of this rule, an individual other than the patient shall not be permitted in the treatment room when the tube is operated at potentials exceeding 85 kVp. At potentials of 85 kVp or below, other individuals may be permitted in the treatment room by the radiologist in charge if they are essential to conduct the treatment, but only if they are protected as specified in subrule (5) of this rule and their radiation exposure is monitored and permanently recorded.

(7) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from therapeutic x-ray equipment.

Individual monitoring devices, such as film badge dosimeters or thermoluminescent dosimeters, shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(8) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(9) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of other body parts shall comply with R 333.5065.

(10) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(11) Lead, lead rubber, lead foil, and similar materials used for limiting the field shall not transmit more than 5% of the useful beam under the conditions at which the machine is operated for therapy. This subrule does not apply to treatment blocks used to adjust or modify the intended radiation dose to the area of treatment.

(12) A therapeutic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

THERAPEUTIC MACHINES OPERATED AT OR BELOW 85 KVP

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5321 X-ray equipment {#sec-r-333.5321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5321}

Rule 321. (1) The x-ray equipment shall comply with the requirements of R 333.5312, excluding subrules (11), (14), and (16).

(2) Maximum potential shall be mechanically or electronically limited to 85 kVp.

(3) A contact therapy machine shall meet the additional requirement that the leakage radiation at 5 centimeters (2 inches) from the surface of the tube housing shall not exceed 0.1 R/h. As used in this subrule, "contact therapy machine" means an x-ray therapy machine designed for source to skin treatment distances of 5 centimeters or less at tube potentials in the range of 20 to 50 kVp.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5322 Enclosures {#sec-r-333.5322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5322}

Rule 322. An enclosure shall comply with the requirements of R 333.5315(1) and (2).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5323 Conditions of operation {#sec-r-333.5323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5323}

Rule 323. (1) Operation shall comply with the requirements of R 333.5317.

(2) If the x-ray tube of a contact therapy machine as defined in R 333.5321(3) is hand held during irradiation, the operator shall wear protective gloves and a protective apron.

When practical, a cap of at least 0.5 millimeter lead equivalence should cover the aperture window of the tube housing of the apparatus when not being used. Because the exposure rate at the surface of the window of contact therapy and beryllium window machines may be more than 10,000 roentgens per minute, extreme precautions shall be taken to prevent accidental exposure to the useful beam.

FIXED RADIOGRAPHIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5325 X-ray equipment {#sec-r-333.5325 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5325}

Rule 325. (1) All x-ray tube housings in fixed radiographic installations shall be of the diagnostic type.

(2) The aluminum equivalent of the total filtration in the useful beam shall not be less than the values shown in table 325-1.

TABLE 325-1

Operating Potential Minimum Total Filter (Inherent plus added)

Below 50 kVp 0.5 mm aluminum 50-70 kVp 1.5 mm aluminum Above 70 kVp 2.5 mm aluminum (3) If the filter in the machine is not accessible for examination and the total filtration is not known, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than any of the following:

(a) 0.6 mm aluminum at 49 kVp.

(b) 1.6 mm aluminum at 70 kVp.

(c) 2.6 mm aluminum at 90 kVp.

(4) Under conditions of subrule (3) of this rule for tube potentials above 90 kVp, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than that specified in table 325-2.

(5) The half-value layer of the useful beam for a given x-ray tube potential shall not be less than the values shown in table 325-2.

TABLE 325-2

Design Operating Range (kVp)

Measured Potential (kVp)

Half-value Layer (mm aluminum)

Below 50 30 0.3 40 0.4 49 0.5 50 to 70 50 1.2 60 1.3 70 1.5 Above 70 80 2.3 90 2.5 100 2.7 110 3.0 120 3.2 130 3.5 140 3.8 150 4.1 (6) To determine the half-value layer at an x-ray tube potential which is not listed in table 325-2, linear interpolation or extrapolation may be made. Positive means shall be provided to ensure that at least the minimum filtration needed to achieve these beam quality requirements is in the useful beam during each exposure.

(7) Machines equipped with beryllium window x-ray tubes with removable filters shall contain keyed filter interlock switches in the tube housing and suitable indication on the control panel of the added filter in the useful beam. The total filtration permanently in the useful beam shall not be less than 0.5 millimeter aluminum equivalent and shall be clearly indicated on the tube housing.

(8) Beryllium window x-ray tubes shall not be used routinely for general purpose diagnostic examinations. Such a tube may comprise an x-ray subsystem if needed for special soft tissue technique in accord with subrule (7) of this rule.

(9) Beam-limiting devices, such as diaphragms, cones, or adjustable collimators, capable of restricting the useful beam to the area radiographically recorded shall be provided to define the beam and shall provide the same degree of attenuation as that required of the tube housing.

(10) Beam-limiting devices shall be calibrated in terms of the size of the projected useful beam at specified source-image receptor distances (SID). This calibration shall be clearly and permanently recorded on the beam-limiting device. Calibration of adjustable beam-limiting devices shall permit reproducible settings.

(11) X-ray systems designed for only 1 image receptor size at a fixed SID shall be provided with means to limit the field at the plane of the image receptor to dimensions no greater than those of the image receptor, and to align the center of the x-ray field with the center of the image receptor to within 2% of the SID.

(12) General purpose radiographic x-ray systems shall be equipped with adjustable beam-limiting devices containing light localizers that define the entire field.

(13) The size of the x-ray beam projected by fixed aperture beam-limiting devices, except those used for stereoradiography, shall not exceed the dimensions of the image receptor by more than 2% of the SID when the axis of the x-ray beam is perpendicular to the plane of the image receptor.

(14) The calibrated field size indicator on adjustable beam-limiting devices shall be accurate to within 2% of the SID. The light field shall be aligned with the x-ray field with the same degree of accuracy. The field size projected by automatic adjustable beam-limiting devices shall provide the same precision.

(15) For radiographic procedures resulting in multiple views on a single image receptor, the beam-limiting device shall limit the x-ray field size to the recorded radiographic image size within 2% of the SID. Covering a portion of the image receptor with radio-opaque material is not a substitute for proper x-ray field limitation.

(16) Radiographic x-ray machines used for purposes other than mammography or extremity radiography only shall be capable of operation at not less than an average current of 100 milliamperes (mA) during all radiographic techniques used. A machine not capable of sustained operation at not less than an average of 100 mA for the duration of a given technique shall not be used for that technique.

(17) A device shall be provided which terminates the exposure at a preset time interval or exposure limit. The operator shall be able to terminate the exposure at any time by discontinuing pressure upon the exposure switch except that during serial radiography means may be provided to permit completion of a single exposure in progress.

(18) The exposure switch, except for those used in conjunction with spot film devices in fluoroscopy, shall be securely fixed so that the operator is required to be behind a fixed shield which intercepts the useful beam and any radiation which has been scattered only once.

(19) When 2 or more x-ray tube heads are operated from a single exposure switch, there shall be indication at the control panel showing which tube is connected and ready to be energized and means to prevent energizing more than 1 tube head simultaneously.

Machines designed for simultaneous multiple tube operation shall have positive means for selecting single tube or multiple tube operation.

(20) The control panel shall provide positive visual identification of the production of x-rays when the x-ray tube is energized. A milliammeter may comply with this subrule.

(21) A signal audible to the operator shall indicate that the exposure has ended.

(22) The technique factors to be used during an exposure shall be indicated before the exposure begins. When automatic exposure controls are used, only those technique factors which are set before the exposure shall be indicated. On equipment having fixed technique factors, this requirement may be met by permanent markings. Indication of technique factors shall be visible from the operator's position.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5331 Enclosures {#sec-r-333.5331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5331}

Rule 331. (1) An enclosure shall be a permanent part of the building or equipment.

Portable shields shall not be used for permanent installations.

(2) The degree of protection required for an enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

Recommended shielding is posted on the department’s website.

(3) In a radiographic room, wall and floor areas exposed to the useful beam plus an additional area extending at least 30 centimeters (1 foot) beyond shall be provided with a primary protective barrier as determined by workload, use and occupancy factors, and distance. All vertical primary protective barriers specified in this rule shall extend continuously from the floor to a minimum height of 2.1 meters (7 feet).

(4) Secondary protective barriers shall be provided in the radiographic room ceiling and in those walls not requiring primary barriers.

(5) Control apparatus for the radiographic equipment shall be shielded by a primary protective barrier which cannot be removed from a protective position between the operator and the radiation source during machine operation.

(6) Movable barriers with electrical interlocks shall not be approved in place of compliance with subrule (5) of this rule.

(7) Exposure switch location and control shield shall be oriented so that, at arm's length from the exposure switch, the operator is not exposed to the useful beam, leakage radiation, or any radiation scattered only once.

(8) The operator shall be able to see and communicate with the patient from a shielded position at the control panel. When an observation window is provided, it shall have a lead equivalence at least equal to that required of the control barrier and shall be installed so that the attenuation effectiveness of the barrier is not impaired.

(9) At times it may be necessary for personnel to remain within an operating room or special procedure installation during radiographic exposures. A primary protective barrier shall be provided for personnel protection under these circumstances unless necessary technique prevents use of such protection. This barrier may be movable if necessary. Movable barriers shall not be permitted in place of the provisions of subrules (3) and (5) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5333 Conditions of operation {#sec-r-333.5333 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5333}

Rule 333. (1) An operator shall properly utilize the beam-limiting devices provided to restrict the useful beam to the smallest area consistent with clinical requirements.

Particular care shall be taken to align accurately the x-ray beam with the patient and film.

(2) The operator shall ensure the presence of adequate filtration before a radiographic procedure.

(3) Staff personnel routinely working with or around radiation sources shall not be required by the registrant to hold film or restrain patients during radiography. If such procedure is permitted, personnel exposure shall not exceed the limits in R 333.5057 to R 333.5059 or the procedure shall be prohibited.

(4) When a patient must be held in position for radiography, mechanical supporting or restraining devices shall be available and shall be used unless contraindicated. If the patient must be held by an individual, this individual shall wear protective gloves and a protective apron of 0.5 millimeter minimum lead equivalence and shall be positioned so that no part of his or her body can be struck by the useful beam and that his or her body is as far as possible from the edge of the useful beam.

(5) Only individuals whose presence is necessary shall be permitted in the radiographic room during an exposure. An individual, except the patient, shall be protected by 0.5 millimeter minimum lead equivalent aprons unless protected by an approved primary barrier.

(6) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from diagnostic x-ray equipment.

Individual monitoring devices such as film badge dosimeters or thermoluminescent dosimeters shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(7) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(8) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all other body parts shall comply with R 333.5065.

(9) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(10) The gonads of children and individuals who have not passed the reproductive age shall be protected from the useful beam either by the use of shielding (0.5 mm lead equivalent), collimation, or special gonad shields when this does not interfere with the conditions or objectives of the examination.

(11) Intensifying screens shall be employed to reduce patient exposure except in cases where a noticeable decrease in image definition may reduce the clinical value of the examination. Film and screen speed combinations shall be carefully selected to produce the necessary clinical information with the least exposure to the patient consistent with current clinical judgment.

(12) Film processing materials and techniques shall be those recommended by the xray film and processing materials manufacturers unless otherwise tested to ensure maximum information content of the developed film. Sight developing is not permitted except under extreme emergency conditions. Correct temperature control and development time shall be used.

(13) A radiographic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

FIXED FLUOROSCOPIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5337 X-ray equipment {#sec-r-333.5337 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5337}

Rule 337. (1) All x-ray tube housings of fixed fluoroscopic installations shall be of the diagnostic type.

(2) The beam quality shall comply with the provisions of R 333.5325(5) and R 333.5325(6).

(3) Means shall be provided on all fluoroscopic machines to limit the source-skin distance to not less than 38 centimeters. For image intensified fluoroscopes intended for specific surgical application that would be prohibited at this source-skin distance, provisions may be made for operation at shorter distances but in no case less than 20 centimeters.

(4) Provision shall be made to intercept the scattered x-rays from the undersurface of the table top and other structures under the fluoroscopic table if the tube is mounted under the table. A cone or shield shall provide the same degree of attenuation as is required of the tube housing.

(5) A shielding device of at least 0.25 millimeter lead equivalence for covering the bucky slot during fluoroscopy shall be provided.

(6) A shielding device of at least 0.25 millimeter lead equivalence, such as overlapping protective drapes or hinged or sliding panels, shall be used to intercept scattered radiation which would otherwise reach the fluoroscopist and others near the machine.

(7) The equipment shall be so constructed that, under conditions of normal use, the entire cross section of the useful beam is attenuated by a primary protective barrier, permanently incorporated into the equipment. The exposure shall automatically terminate when the barrier is removed from the useful beam.

(8) A fluoroscopic machine shall comply with both of the following:

(a) The entire cross section of the useful beam shall be intercepted by the primary protective barrier of the fluoroscopic image assembly at any SID. The fluoroscopic tube shall not produce x-rays unless the barrier is in position to intercept the entire useful beam. The exposure rate due to transmission through the barrier with the attenuation block in the useful beam combined with radiation from the image intensifier, if provided, shall not exceed 2 milliroentgens per hour at 10 centimeters from any accessible surface of the fluoroscopic imaging assembly beyond the plane of the image receptor for each roentgen per minute of entrance exposure rate.

(b) The entrance exposure rate shall be measured pursuant to subrule (16) of this rule.

The exposure rate due to transmission through the primary barrier combined with radiation from the image intensifier shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

If the source is below the tabletop, the measurement shall be made with the input surface of the fluoroscopic imaging assembly positioned 30 centimeters above the tabletop. If the source is above the tabletop and the SID is variable, the measurement shall be made with the end of the beam-limiting device or spacer as close to the tabletop as it can be placed, if it is not closer than 30 centimeters. Movable grids and compression devices shall be removed from the useful beam during the measurement. For all measurements, the attenuation block shall be positioned in the useful beam 10 centimeters from the point of measurement of the entrance exposure rate and between this point and the input surface of the fluoroscopic imaging assembly.

(9) The lead equivalence of the barrier of conventional fluoroscopes shall be not less than 1.5 millimeters at 100 kVp, 1.8 millimeters at 125 kVp, and 2.0 millimeters at potentials greater than 125 kVp.

(10) A beam-limiting device shall be provided to restrict the size of the useful beam to less than the area of the barrier. The x-ray tube and beam-limiting system shall be linked with the fluorescent screen assembly so that the useful beam at the fluorescent screen is confined within the barrier irrespective of the panel-screen distance. For image intensifiers, the useful beam shall be centered on the input phosphor. It should not exceed the diameter of the input phosphor during fluoroscopy or cine-recording. For spot film radiography with image intensifier equipment, the shutters should automatically open to the required field size before the exposure.

(11) Beam-limiting devices such as collimators, adjustable diaphragms, or shutters, shall provide the same degree of attenuation as is required of the tube housing.

(12) A fluoroscopic machine shall comply with either of the following:

(a) The x-ray field produced by nonimage-intensified fluoroscopic equipment shall not extend beyond the entire visible area of the image receptor. Means shall be provided to permit further limitation of the field. The minimum field size at the greatest SID shall be equal to or less than 5 by 5 centimeters.

(b) For image-intensified fluoroscopic equipment, the total misalignment of the edges of the x-ray field with the respective edges of the visible area of the image receptor along any dimension of the visually defined field in the plane of the image receptor shall not exceed 3% of the SID. The sum, without regard to sign, of the misalignment along any 2 orthogonal dimensions intersecting at the center of the visible area of the image receptor shall not exceed 4% of the SID. For rectangular x-ray fields used with circular image receptors, the error in alignment shall be determined along the length and width dimensions of the x-ray field which pass through the center of the visible area of the image receptor. Means shall be provided to permit further limitation of the field. The minimum field size, at the greatest SID, shall be equal to or less than 5 by 5 centimeters.

(13) X-ray production in the fluoroscopic mode shall be controlled by a device which requires continuous pressure by the operator for the entire time of an exposure. When recording serial fluoroscopic images, the operator shall be able to terminate the x-ray exposures at any time, but means may be provided to permit completion of any single exposure of the series in progress.

(14) When the fluoroscope is operated at 80 kVp, the exposure rate at the position where the beam enters the patient shall not exceed 3.2 R/mA-min and should not exceed 2.1 R/mA-min.

(15) Entrance exposure rate limits for fluoroscopic equipment shall be as follows:

(a) Machines with automatic exposure rate control shall not be operable at a combination of tube potential and current which results in an a exposure rate in excess of 10 roentgens per minute at the point where the center of the useful beam enters the patient, except during recording of fluoroscopic images or when an optional high level control is provided. Special means of activation of high level controls, such as additional pressure applied continuously by the operator, shall be required to avoid accidental use. A continuous signal audible to the fluoroscopist shall indicate that the high level control is being employed.

(b) Machines without automatic exposure rate control shall not be operable at a combination of tube potential and current which results in an exposure rate in excess of 5 roentgens per minute at the point where the center of the useful beam enters the patient, except during recording of fluoroscopic images or when an optional high level control is activated. Special means of activation of high level controls, such as additional pressure applied continuously by the operator, shall be provided to avoid accidental use. A continuous signal audible to the fluoroscopist shall indicate that the high level control is being employed.

(16) Compliance with subrule (15) of this rule shall be determined as follows:

(a) If the source is below the table, the exposure rate shall be measured 1 centimeter above the tabletop or cradle.

(b) If the source is above the table, the exposure rate shall be measured at 30 centimeters above the tabletop with the end of the beam-limiting device or spacer positioned as closely as possible to the point of measurement.

(c) In a C-arm type of fluoroscope, the exposure rate shall be measured 30 centimeters from the input surface of the fluoroscopic imaging assembly.

(17) Means shall be provided to present the cumulative on-time of the fluoroscopic tube. The maximum cumulative time of the timing device shall not exceed 5 minutes without resetting. A signal audible to the fluoroscopist shall indicate the completion of a preset cumulative on-time. This signal shall continue to sound while x-rays are produced until the timing device is reset.

(18) Devices which indicate the x-ray tube potential and current shall be provided.

On image intensified fluoroscopic equipment, these devices should be located in such a manner that the operator may monitor the tube potential and current during fluoroscopy.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5347 Enclosures {#sec-r-333.5347 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5347}

Rule 347. (1) An enclosure shall be a permanent part of the building or equipment.

Portable shields shall not be used for permanent installations.

(2) The degree of protection required for an enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance, and shall be subject to design approval by the department.

Recommended shielding is posted on the department’s website.

(3) For conventional fluoroscopy, extraneous light that interferes with the fluoroscopic examination shall be eliminated. Dark adaptation normally is not necessary when using image intensifiers.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5348 Conditions of operation {#sec-r-333.5348 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5348}

Rule 348. (1) An individual present in a fluoroscopic room, except the patient, shall wear a protective apron of at least 0.5 millimeter lead equivalence.

(2) Only individuals whose presence is needed to conduct the examination, to conduct radiation protection surveys, or to undergo specific training shall be permitted in the fluoroscopy room during x-ray exposures.

(3) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from diagnostic x-ray equipment.

Individual monitoring devices, such as film badge dosimeters or thermoluminescent dosimeters, shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(4) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(5) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all other body parts shall comply with R 333.5065.

(6) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(7) The fluoroscopist's eyes should be sufficiently dark-adapted for the visual task required before commencing conventional fluoroscopy. Under no circumstances shall he or she attempt to compensate for inadequate adaptation by increasing exposure factors employed or by prolonging the fluoroscopic examination.

(8) Special precautions, consistent with clinical needs, shall be taken to minimize exposure of the gonads of potentially procreative patients and exposure of the embryo or fetus in patients known to be or suspected of being pregnant. Gonadal shielding is advised when it does not interfere with the conditions or objectives of the examination.

(9) In cineradiography, special care shall be taken to limit patient exposure when tube currents and potentials employed are higher than those normally used in fluoroscopy.

The exposure rates to which patients are normally subjected shall be determined annually and records of the surveys maintained.

(10) A fluoroscopic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

MOBILE OR PORTABLE DIAGNOSTIC X-RAY EQUIPMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5351 X-ray equipment {#sec-r-333.5351 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5351}

Rule 351. (1) Radiographic x-ray equipment shall comply with the requirements of R 333.5325 excluding subrules (11) and (18).

(2) Fluoroscopic x-ray equipment shall comply with the requirements of R 333.5337 excluding subrules (3), (4), (5), (6), and (9).

(3) The radiographic exposure control switch shall be located on the machine where adequate personnel protection is provided to attenuate the direct and scatter radiation, or the length of switch cord shall be such that the operator shall be able to stand at least 1.8 meters (6 feet) from the patient, the x-ray tube, and out of the useful beam. A coil type extension switch cord capable of providing more than 1.8 meters (6 feet) of distance protection is recommended.

(4) Hand-held fluoroscopic screens and others not attached to a diagnostic source assembly with stable mounting shall not be used.

(5) Image intensification shall always be provided on mobile fluoroscopic equipment.

Mobile fluoroscopic equipment shall be impossible to operate unless the useful beam is intercepted by the image intensifier. Means shall be provided to limit the source-skin distance to not less than 30 centimeters (12 inches). For fluoroscopes intended for specific surgical application that would be prohibited at the source-skin distances specified in this subrule, provisions may be made for operation at shorter source-skin distances but in no case less than 20 centimeters.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5352 Shielding {#sec-r-333.5352 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5352}

Rule 352. (1) Portable shielding of at least 1.6 millimeter (1/16 inch) lead equivalent shall be used by the operator and other individuals in the room when possible.

(2) Mobile or portable diagnostic x-ray equipment used routinely in 1 location shall be considered a fixed installation and shall comply with the requirements of R 333.5325 and R 333.5331, or R 333.5337 and R 333.5347, or both.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5353 Conditions of operation {#sec-r-333.5353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5353}

Rule 353. (1) Operation shall comply with the requirements of R 333.5333 and R 333.5348.

(2) Individuals operating mobile or portable diagnostic x-ray equipment shall wear a protective apron of minimum 0.5 millimeter lead equivalence unless portable shielding is provided as specified in R 333.5352(1).

(3) Mobile or portable diagnostic x-ray equipment shall not be used for routine radiography or fluoroscopy in hospitals or private offices of health practitioners licensed under article 15 of the act. This equipment shall only be used when it is medically inadvisable to move a patient to a fixed radiographic or fixed fluoroscopic installation.

MISCELLANEOUS AND SPECIAL INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5355 General provisions {#sec-r-333.5355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5355}

Rule 355. (1) Types of x-ray sources and uses not specifically covered by this part and not exempted in R 333.5033, shall comply with R 333.5001 to R 333.5101.

(2) For the purpose of registering and approving medical x-ray producing equipment and devices not specifically covered by this part the protective design, the workload, the use factor, and the occupancy factor shall be considered.

PART 8. MEDICAL EXTREMITY X-RAY INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5361 Purpose and scope {#sec-r-333.5361 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5361}

Rule 361. (1) This part establishes requirements governing the use of x-radiation in a healing arts discipline for human extremity radiography only.

(2) This part applies to all registrants who use x-radiation for the intentional exposure of human extremities only.

(3) In addition to the requirements of this part, all registrants performing human extremity radiography are subject to all applicable provisions of these rules. Uses of xradiation for intentional human exposure other than or in addition to extremity radiography are subject to R 333.5311 to R 333.5359.

FIXED RADIOGRAPHIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5362 X-ray equipment {#sec-r-333.5362 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5362}

Rule 362. (1) All x-ray tube housings in fixed radiographic installations shall be of the diagnostic type.

(2) The aluminum equivalent of the total filtration in the useful beam shall not be less than that shown in table 362.

TABLE 362

Operating Potential Minimum Total Filter (Inherent plus added)

Below 50 kVp 0.5 mm aluminum 50-70 kVp 1.5 mm aluminum Above 70 kVp 2.5 mm aluminum (3) If the filter in the machine is not accessible for examination and the total filtration is not known, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than any of the following:

(a) 0.6 mm aluminum at 49 kVp.

(b) 1.6 mm aluminum at 70 kVp.

(c) 2.6 mm aluminum at 90 kVp.

(4) Under conditions of subrule (3) of this rule, for tube potentials above 90 kVp, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than that specified in table 325-2 in R 333.5325(5).

(5) Beam-limiting devices, such as diaphragms, cones, or adjustable collimators, capable of restricting the useful beam to the area radiographically recorded shall be provided to define the beam and shall provide the same degree of attenuation as that required of the tube housing.

(6) Beam-limiting devices shall be calibrated in terms of the size of the projected useful beam at specified source-image receptor distances (SID). The calibration shall be clearly and permanently recorded on the beam-limiting device. Calibration of adjustable beam-limiting devices shall permit reproducible settings.

(7) X-ray systems designed for only 1 image receptor size at a fixed SID shall be provided with means to limit the field at the plane of the image receptor to dimensions no greater than those of the image receptor, and to align the center of the x-ray field with the center of the image receptor to within 2% of the SID.

(8) The size of the x-ray beam projected by fixed aperture beam-limiting devices, except those used for stereoradiography, shall not exceed the dimensions of the image receptor by more than 2% of the SID when the axis of the x-ray beam is perpendicular to the plane of the image receptor.

(9) The calibrated field size indicator on adjustable beam-limiting devices shall be accurate to within 2% of the SID. The light field shall be aligned with the x-ray field with the same degree of accuracy. The field size projected by automatic adjustable collimators shall provide the same precision.

(10) For radiographic procedures resulting in multiple views on a single image receptor, the beam-limiting device shall limit the x-ray field size to the recorded radiographic image size within 2% of the SID. Covering a portion of the image receptor with radio-opaque material is not a substitute for proper x-ray field limitation.

(11) A device shall be provided to terminate the exposure at a preset time interval or exposure limit. The operator shall be able to terminate the exposure at any time by discontinuing pressure upon the exposure switch.

(12) Unless protective shielding is provided for the operator, the length of the exposure control switch cord or remote control location shall be such that the operator shall be able to stand at least 1.8 meters (6 feet) away from the patient and the x-ray tube and out of the useful beam. When protective shielding is provided, the operator shall always be entirely behind the shield during the exposure.

(13) The control panel shall provide positive identification of the production of x-rays when the x-ray tube is energized. A milliammeter may meet the requirements of this subrule.

(14) The technique factors to be used during an exposure shall be indicated before the exposure begins. When automatic exposure controls are used, only those technique factors which are set before the exposure shall be indicated. On equipment having fixed technique factors, this requirement may be met by permanent markings. Indication of technique factors shall be visible from the operator's position.

(15) A signal audible to the operator shall indicate that the exposure has ended.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5365 Enclosures {#sec-r-333.5365 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5365}

Rule 365. (1) The degree of protection required for an enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance, and shall be subject to design approval by the department.

(2) In a radiographic room, wall and floor areas exposed to the useful beam plus an area extending at least 30 centimeters (1 foot) beyond shall be provided with a primary protective barrier where necessary as determined by workload, use and occupancy factors, and distance.

(3) Secondary protective barriers shall be provided in the radiographic room ceiling and in those walls not requiring primary barriers. Common building materials often fulfill this requirement.

(4) A fixed barrier of 1.6 millimeters (1/16 inch) lead equivalence, such as a shielded wall partition or immobilized portable shield, is recommended for operator protection.

When this protection is provided, the operator shall be able to see and communicate with the patient from a shielded position.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5366 Conditions of operation {#sec-r-333.5366 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5366}

Rule 366. (1) An operator shall properly utilize the beam-limiting devices provided to restrict the useful beam to the smallest area consistent with clinical requirements.

Particular care shall be taken to align accurately the x-ray beam with the patient and film.

(2) The operator shall ensure the presence of adequate filtration before each radiographic procedure.

(3) Staff personnel routinely working with or around radiation sources shall not be required by the registrant to hold film or restrain patients during radiography. If the procedure is permitted, personnel exposure shall not exceed the limits in R 333.5057 to R 333.5059 or the procedure shall be prohibited.

(4) When a patient is held in position for radiography, mechanical supporting or restraining devices shall be available and shall be used unless contraindicated. If the patient is held by an individual, this individual shall wear protective gloves and a protective apron of 0.5 millimeter minimum lead equivalence and shall be positioned so that no part of his or her body can be struck by the useful beam and that his or her body is as far as possible from the edge of the useful beam.

(5) During each exposure, the operator shall stand at least 1.8 meters (6 feet) from the patient and the x-ray tube and outside the useful beam or behind a suitable barrier.

(6) Only individuals whose presence is necessary shall be permitted in the radiographic room during an exposure. An individual, except the patient, shall be protected by 0.5 millimeter minimum lead equivalent aprons unless protected by an approved primary barrier.

(7) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from diagnostic x-ray equipment.

Individual monitoring devices, such as film badge dosimeters or thermoluminescent dosimeters, shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(8) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(9) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all body parts shall comply with R 333.5065.

(10) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(11) The gonads of children and individuals who have not passed the reproductive age shall be protected from the useful beam either by the use of shielding (0.5 mm lead equivalent), collimation, or special gonad shields. Special gonadal aprons (0.25 mm lead equivalent) are recommended, but not required, for patient protection from secondary radiation.

(12) Intensifying screens shall be employed to reduce patient exposure except in cases where a noticeable decrease in image definition may reduce the clinical value of the examination. Film and screen speed combinations shall be carefully selected to produce the necessary clinical information with the least exposure to the patient consistent with current clinical judgment.

(13) Film processing materials and techniques shall be those recommended by the xray film and processing materials manufacturers unless otherwise tested to insure maximum information content of the developed film. Sight developing is not permitted except under extreme emergency conditions. Correct temperature control and development time shall be used.

(14) A radiographic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

MOBILE OR PORTABLE RADIOGRAPHIC EQUIPMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5368 General provisions {#sec-r-333.5368 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5368}

Rule 368. (1) Radiographic x-ray equipment shall meet the requirements of R 333.5362.

(2) Mobile or portable radiographic x-ray equipment used routinely in 1 location shall be considered a fixed installation and enclosures shall meet the requirements of R 333.5365.

(3) Operation shall comply with the requirements of R 333.5366.

PART 9. DENTAL X-RAY INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5371 Purpose and scope {#sec-r-333.5371 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5371}

Rule 371. (1) This part establishes requirements governing the use of x-radiation in dentistry.

(2) This part applies to all registrants who use x-radiation in dentistry for the intentional exposure of humans.

(3) In addition to the requirements of this part all registrants are subject to all applicable provisions of these rules.

CONVENTIONAL (SINGLE TUBE) INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5372 Scope {#sec-r-333.5372 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5372}

Rule 372. R 333.5373 to R 333.5376 apply to installations consisting of a single x-ray source, its individual control unit, and protective enclosure used for the production of intraoral radiographs.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5373 X-ray equipment {#sec-r-333.5373 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5373}

Rule 373. (1) The tube housing shall be of the diagnostic type.

(2) The aluminum equivalent of the total filtration in the useful beam shall not be less than that shown in table 373-1.

TABLE 373-1

Operating Potential Minimum Total Filter (Inherent plus added)

Below 50 kVp 0.5 mm aluminum 50 - 70 kVp 1.5 mm aluminum Above 70 kVp 2.5 mm aluminum (3) If the filter in the machine is not accessible for examination and the total filtration is not known, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than any of the following:

(a) 0.6 mm aluminum at 49 kVp.

(b) 1.6 mm aluminum at 70 kVp.

(c) 2.6 mm aluminum at 90 kVp.

(4) Under conditions of subrule (3) of this rule, for tube potentials above 90 kVp, subrule (2) of this rule may be assumed to have been met if the half-value layer is not less than that specified in table 373-2.

(5) The half-value layer of the useful beam for a given x-ray tube potential shall not be less than the values shown in table 373-2.

TABLE 373-2

Design Operating Range (kVp)

Measured Potential (kVp)

Half-value Layer (mm aluminum)

Below 50 30 0.3 40 0.4 49 0.5 50 to 70 50 1.2 60 1.3 70 1.5 Above 70 80 2.3 90 2.5 100 2.7 110 3.0 120 3.2 130 3.5 140 3.8 150 4.1 (6) To determine the half-value layer at an x-ray tube potential which is not listed in table 373-2, linear interpolation or extrapolation may be made. Positive means shall be provided to ensure that at least the minimum filtration needed to achieve these beam quality requirements is in the useful beam during each exposure.

(7) Radiographic equipment designed for use with an intraoral image receptor shall be provided with means to limit the x-ray beam to either of the following:

(a) If the minimum source-skin distance is 18 centimeters or more, the x-ray field at the minimum source-skin shall be containable in a circle having a diameter of not more than 7 centimeters.

(b) If the minimum source-skin is less than 18 centimeters, the x-ray field at the minimum SSD shall be containable in a circle having a diameter of not more than 6 centimeters.

(8) For intraoral exposures, means shall be provided to limit the source-skin distance to not less than 18 centimeters with apparatus operable above 50 kVp, and not less than 10 centimeters with apparatus not operable above 50 kVp. Open-ended cones are recommended to reduce scattered radiation.

(9) Mechanical support of the tube head and pointer cone shall maintain the exposure position without drift or vibration of sufficient magnitude to cause the need for manually restraining the tube or retaking the x-ray.

(10) A device shall be provided that terminates the exposure at a preset time interval or exposure limit. The operator shall be able to terminate the exposure at any time by discontinuing pressure upon the exposure switch except that during serial radiography means may be provided to permit completion of a single exposure of the series in progress.

(11) If a recycling timer is employed, it shall not be possible to make a repeat exposure without release of the exposure switch to reset the timer.

(12) The exposure control switch shall have a circuit-closing contact which can be maintained only by continuous pressure on the switch by the operator.

(13) Unless protective shielding is provided for the operator, the length of the exposure control switch cord or remote control location shall be such that the operator shall be able to stand at least 1.8 meters (6 feet) away from the patient and the x-ray tube and out of the useful beam.

(14) The control panel shall provide positive visual identification of the production of x-rays when the x-ray tube is energized. A milliammeter may meet the requirements of this subrule.

(15) A signal audible to the operator shall indicate that the exposure has ended.

(16) The technique factors to be used during an exposure shall be indicated before the exposure begins, except when automatic exposure controls are used, in which case the technique factors which are set before the exposure shall be indicated. On equipment having fixed technique factors, this requirement may be met by permanent markings.

Indication of technique factors shall be visible from the operator's position.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5375 Shielding {#sec-r-333.5375 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5375}

Rule 375. Conventional building materials in partitions, floors, and ceilings may provide adequate radiation shielding for dental installations. When a conventional building structure does not provide adequate shielding, the shielding shall be increased by providing greater thickness of building materials or by adding lead, concrete, steel, or other suitable materials to the walls, floor, and ceiling of an existing room. Shielding shall be subject to approval by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5376 Conditions of operation {#sec-r-333.5376 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5376}

Rule 376. (1) Deliberate exposure of an individual to the useful beam for training or demonstration purposes shall not be permitted unless there is a diagnostic need for the exposure and the exposure is prescribed by a dentist or physician.

(2) The operator or the assistant shall not hold the image receptor in place for the patient during the exposure.

(3) During the exposure, the operator shall stand at least 1.8 meters (6 feet) from the patient and the x-ray tube and outside the useful beam or behind a suitable barrier.

(4) Only an individual whose presence is necessary to conduct the radiographic examination shall be permitted in the radiographic room during exposure.

(5) The operator shall direct the x-ray tube such that the useful beam strikes a primary barrier or unoccupied area after emerging from the patient.

(6) Neither the tube housing nor the cone shall be hand-held during the exposure.

(7) Fluoroscopy shall not be used in dental examinations.

(8) The exposure to the patient shall be kept to the practical minimum consistent with clinical objectives.

(9) The x-ray beam and the image receptor shall be aligned very carefully with the area to be radiographed.

(10) Processing materials and techniques shall be those recommended by the x-ray film manufacturer unless otherwise tested to ensure maximum information content of the developed film. Sight developing is not permitted except under extreme emergency conditions. Correct temperature control and development time are necessary to minimize radiation dose to the patient.

(11) A radiographic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

MULTIPLE TUBE INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5378 Scope {#sec-r-333.5378 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5378}

Rule 378. R 333.5379 to R 333.5381 apply to installations consisting of more than 1 x-ray source in the same room, or of sources located in separate rooms. These installations may include 2 or more complete x-ray units (single tube units), or a combination of 2 or more x-ray tube heads operable from a single control panel (multiple tube units).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5379 X-ray equipment {#sec-r-333.5379 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5379}

Rule 379. (1) X-ray equipment in multiple tube installations shall meet the requirements of R 333.5373 with regard to each tube housing assembly and each complete x-ray unit.

(2) On multiple tube units, there shall be indication at the control panel showing which tube is connected and ready to be energized and means to prevent energizing more than 1 tube head at the same time.

(3) For multiple tube units there shall be indication at the tube housing assembly when it is connected and ready to be energized.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5380 Shielding {#sec-r-333.5380 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5380}

Rule 380. Conventional building materials in partitions, floors, and ceilings may provide adequate radiation shielding for dental installations. When a conventional building structure does not provide adequate shielding, the shielding shall be increased by providing greater thickness of building materials or by adding lead, concrete, steel, or other suitable materials to the walls, floor, and ceiling of an existing room. In multiple tube installations the possibility of exposure from multiple sources shall be considered.

Shielding shall be subject to approval by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5381 Conditions of operation {#sec-r-333.5381 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5381}

Rule 381. Operation shall meet the requirements of R 333.5376.

PANORAMIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5383 Scope {#sec-r-333.5383 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5383}

Rule 383. R 333.5384 to R 333.5386 apply to panoramic installations and protective enclosures.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5384 X-ray equipment {#sec-r-333.5384 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5384}

Rule 384. (1) X-ray equipment in panoramic installations shall meet the requirements of R 333.5373 excluding subrules (7) to (11).

(2) For purposes of this rule, "image receptor" means that portion of the x-ray film or digital receptor instantaneously exposed by the x-ray beam subtended by a beam-limiting diaphragm immediately adjacent to the front of the radiographic film or digital receptor, if the panoramic technique requires this diaphragm.

(3) The x-ray tube housing shall be provided with a beam-limiting diaphragm which shall limit the field at the plane of the image receptor to dimensions not exceeding the dimensions of the image receptor and shall align the center of the x-ray field with the center of the image receptor to within 2% of the SID.

(4) Mechanical support of the tube head and image receptor shall maintain beam alignment without drift or vibration of sufficient magnitude to cause the need for manually restraining the tube or retaking the x-ray.

(5) A device shall be provided which terminates the exposure at a preset time interval or exposure limit. The operator shall be able to terminate the exposure at any time by discontinuing pressure upon the exposure switch.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5385 Shielding {#sec-r-333.5385 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5385}

Rule 385. Conventional building materials in partitions, floors, and ceilings may provide adequate radiation shielding for panoramic installations. When a conventional building structure does not provide adequate shielding, the shielding shall be increased by providing greater thickness of building materials or by adding lead, concrete, steel, or other suitable materials to the walls, floor, and ceiling of an existing room. Shielding shall be subject to approval by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5386 Conditions of operation {#sec-r-333.5386 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5386}

Rule 386. Operation shall meet the requirements of R 333.5376.

CEPHALOMETRIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5388 Scope {#sec-r-333.5388 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5388}

Rule 388. R 333.5389 to R 333.5391 apply to installations consisting of an x-ray source used for the production of radiographs of the skull or related extra-oral radiographs, its individual control unit, and protective enclosure.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5389 X-ray equipment {#sec-r-333.5389 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5389}

Rule 389. (1) X-ray equipment in cephalometric installations shall meet the requirements of R 333.5373 excluding subrules (7), (8), (9), and (13).

(2) Beam-limiting devices such as diaphragms, cones, or adjustable collimators, capable of restricting the useful beam to the area radiographically recorded shall be provided to define the beam and shall provide the same degree of attenuation as that required of the tube housing.

(3) Beam-limiting devices shall be calibrated in terms of the size of the projected useful beam at specified source-image receptor distances. This calibration shall be clearly and permanently recorded on the beam-limiting device. Calibration of adjustable beam-limiting devices shall permit reproducible settings.

(4) X-ray systems designed for only 1 image receptor size at a fixed SID shall be provided with means to limit the field at the plane of the image receptor to dimensions not exceeding those of the image receptor, and to align the center of the x-ray field with the center of the image receptor to within 2% of the SID.

(5) The size of the x-ray beam projected by fixed aperture beam-limiting devices, except those used for stereoradiography, shall not exceed the dimensions of the image receptor by more than 2% of the SID when the axis of the x-ray beam is perpendicular to the plane of the image receptor.

(6) The calibrated field size indicator on adjustable beam-limiting devices shall be accurate to within 2% of the SID. The light field shall be aligned with the x-ray field with the same degree of accuracy. The field size projected by automatic adjustable beam-limiting devices shall provide the same precision.

(7) For radiographic procedures resulting in multiple views on a single image receptor the beam-limiting device shall limit the x-ray field size to the recorded radiographic image within 2% of the SID. Covering a portion of the image receptor with radio-opaque material is not a substitute for proper x-ray field limitation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5390 Shielding {#sec-r-333.5390 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5390}

Rule 390. (1) The degree of protection required shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

(2) In a radiographic room, wall and floor areas exposed to the useful beam plus an area extending at least 30 centimeters (1 foot) beyond shall be provided with a primary protective barrier where necessary as determined by workload, use and occupancy factors, and distance. All vertical primary protective barriers specified in this rule shall extend continuously from the floor to a minimum height of 2.1 meters (7 feet).

(3) Secondary protective barriers shall be provided in the radiographic room ceiling and in those walls not requiring primary barriers.

(4) Control apparatus for the radiographic equipment shall be shielded by a nonremovable primary protective barrier extending to a minimum height of 2.1 meters (7 feet).

(5) Exposure switch location and control shield shall be oriented such that, at arm's length from the exposure switch, the operator shall not be exposed to the useful beam, leakage radiation, or radiation that has been scattered only once.

(6) The operator shall be able to see and communicate with the patient from a shielded position at the control panel. When an observation window is provided, it shall have a lead equivalence at least equal to that required of the control barrier and shall be installed such that the attenuation effectiveness of the barrier is not impaired.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5391 Conditions of operation {#sec-r-333.5391 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5391}

Rule 391. Operation shall meet the requirements of R 333.5376 excluding subrule (3).

MULTIPLE PURPOSE INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5395 General provisions {#sec-r-333.5395 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5395}

Rule 395. (1) This rule applies to installations consisting of an x-ray source or sources used for 2 or more purposes described in R 333.5372 to R 333.5391.

(2) X-ray equipment in multiple purpose installations shall meet the applicable requirements of R 333.5373, R 333.5379, R 333.5384, and R 333.5389 for each mode of operation permitted by the design of the equipment.

(3) Shielding in multiple purpose installations shall meet the applicable requirements of R 333.5375, R 333.5380, R 333.5385, and R 333.5390 for each mode of operation permitted by the design of the equipment.

(4) Operation in multiple purpose installations shall meet the applicable requirements of R 333.5376, R 333.5381, R 333.5386, and R 333.5391 for each mode of operation permitted by the design of the equipment.

HAND-HELD PORTABLE DENTAL X-RAY SYSTEMS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5396 Hand-held portable dental x-ray systems {#sec-r-333.5396 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5396}

Rule 396. (1) As used in this section, “handheld dental X-ray system” or “system” means an X-ray system that is used to take radiographs, is designed to be handheld during its operation, and is portable.

(2) A handheld dental X-ray system that meets the requirements described in this section may be used for routine dental radiography in a dental office or a situation in which it is impractical to transfer a patient to a radiation machine that is stationary.

(3) X-ray equipment designed to be hand-held must meet the requirements of R 333.5373, excluding subrules (9) and (13).

(4)The x-ray tube housing for tubes designed to be hand-held must be constructed so that the leakage radiation measured in air at a distance 5 centimeters from a point on the external surface does not exceed 0.02 mGy (2 milliroentgens) in 1 hour when operated under conditions of maximum radiation output permitted by the design or operating characteristics of the radiation machine.

(5) Operation of a hand-held portable x-ray system must meet the requirements of R 333.5376, excluding subrules (3) and (6).

(6) A person shall not use a handheld dental X-ray system to perform dental radiography unless the machine is registered with the department under department rules for registration of radiation machines and the system, the personnel operating the system, and the facility in which the system is used meet all of the following requirements:

(a) The system has been approved for human use by the United States Food and Drug Administration and is used in a manner consistent with that approval.

(b) The system has a backscatter shield that meets all of the following requirements:

(i) The shield is composed of a leaded polymer or a lead-equivalent substance that has a substantially equivalent protective capacity.

(ii) The shield has at least 0.5 millimeters of lead or lead-equivalent shielding, as determined by the department.

(iii) The shield is permanently affixed to the system.

(c) The system is calibrated by its manufacturer before its first use and is recalibrated at least every 24 months after the date of the last calibration.

(d) When not in use, the system is stored in a manner that restricts access to the system, such as by storing the system in a locked area of the facility.

(e) Each individual who operates the system is an individual who is authorized to operate a dental radiography machine pursuant to rules promulgated under part 166 of the act, MCL 333.16601 to 333.16659.

(f) An individual operating the system is not required to wear a lead apron or other personal monitoring equipment while operating the system if it is determined that the use of the system is in compliance with part 381 of the Michigan occupational safety and health administration general industry safety and health standards, R 325.60601a to R 325.60618, or equivalent federal occupational safety and health standards; part 33 of the Michigan occupational safety and health administration general industry safety and health standard, R 408.13301 to R 408.13395g, or equivalent federal occupational safety and health standards; R 333.5057; and R 333.5063 to R 333.5065. However, upon request, a registrant shall make a lead apron or other personal monitoring equipment available to an individual who operates the system.

(g) The system is not used if the backscatter shield described in subdivision (b) of this subrule is broken, missing, or malfunctioning.

(7) An operator shall complete the training program supplied by the manufacturer and approved by the department before using the x-ray unit. Records of the training shall be maintained on file for examination by the department.

OTHER TYPES OF INSTALLATIONS

History

• History: 2016 AACS; 2020 MR 18, Eff Oct 5, 2020.

Mich. Admin. Code R 333.5397 General provisions {#sec-r-333.5397 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5397}

Rule 397. (1) This rule applies to dental x-ray producing equipment and devices not specifically covered elsewhere by this part.

(2) Types of dental x-ray sources and uses not specifically covered by this part and not exempted under R 333.5033 shall meet the requirements of R 333.5001 to R 333.5101.

PART 10. VETERINARY X-RAY INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5401 Purpose and scope {#sec-r-333.5401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5401}

Rule 401. (1) This part establishes requirements governing the use of x-radiation in veterinary medicine.

(2) This part applies to all registrants who use x-radiation in veterinary medicine or research for the intentional exposure of animals.

(3) In addition to the requirements of this part, all registrants are subject to R 333.5001 to R 333.5101 and all applicable provisions of the other parts.

THERAPEUTIC MACHINES USED FOR VETERINARY X-RAY

TREATMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5402 X-ray equipment {#sec-r-333.5402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5402}

Rule 402. The x-ray equipment shall meet the requirements of R 333.5312 and R 333.5321.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5403 Enclosures {#sec-r-333.5403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5403}

Rule 403. The enclosure shall meet the requirements of R 333.5315 and R 333.5322.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5404 Conditions of operation {#sec-r-333.5404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5404}

Rule 404. (1) Operation shall meet the requirements of R 333.5317 excluding subrules (2), (5), (6), and (11).

(2) The output of the x-ray generator should be calibrated initially before use for the treatment of animals. It should also be recalibrated after each tube replacement and after all changes or replacement in the generating apparatus which could affect a change in the x-ray output. Check calibrations should be made on an annual basis and records of all calibration maintained for not less than 5 years.

(3) Patients shall not be hand-held in position for radiation therapy. Mechanical supporting or restraining devices shall be used if restraint is required.

(4) An individual shall not be permitted in the treatment room when the tube is operated at any potential.

(5) The x-ray tube of a contact therapy machine as defined in R 333.5321(3) shall not be hand-held during irradiation. When practical, a cap of at least 0.5 millimeter lead equivalence should cover the aperture window of the tube housing of the apparatus when the apparatus is not being used. Because the exposure rate at the surface of the window of contact therapy and beryllium window machines may be more than 10,000 roentgens per minute, extreme precautions are necessary to prevent accidental exposure to the useful beam.

(6) Lead, lead rubber, lead foil, and similar materials used for limiting the field, should not transmit more than 5% of the useful beam under the conditions at which the machine is operated for therapy.

FIXED RADIOGRAPHIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5405 X-ray equipment {#sec-r-333.5405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5405}

Rule 405. (1) All x-ray tube housings in fixed radiographic installations shall be of the diagnostic type.

(2) The aluminum equivalent of the total filtration in the useful beam shall not be less than the values shown in table 405.

TABLE 405

Operating Potential Minimum Total Filter (Inherent plus added)

Below 50 kVp 0.5 mm aluminum 50 - 70 kVp 1.5 mm aluminum Above 70 kVp 2.5 mm aluminum (3) Beam-limiting devices, such as diaphragms, cones, or adjustable collimators, capable of restricting the useful beam to the area radiographically recorded shall be provided to define the beam and shall provide the same degree of attenuation as that required of the tube housing.

(4) Beam-limiting devices shall be calibrated in terms of the size of the projected useful beam at specified source-image receptor distances (SID). This calibration shall be clearly and permanently recorded on the beam-limiting device. Calibration of adjustable beam-limiting devices shall permit reproducible settings.

(5) X-ray systems designed for only 1 image receptor size at a fixed SID shall be provided with means to limit the field at the plane of the image receptor to dimensions not greater than those of the image receptor, and to align the center of the x-ray field with the center of the image receptor to within 2% of the SID.

(6) General purpose radiographic x-ray systems should be equipped with adjustable beam-limiting devices containing light localizers that define the entire field.

(7) The size of the x-ray beam projected by fixed aperture beam-limiting devices, except those used for stereoradiography, shall not exceed the dimensions of the image receptor by more than 2% of the SID when the axis of the x-ray beam is perpendicular to the plane of the image receptor.

(8) The calibrated field size indicator on adjustable beam-limiting devices shall be accurate to within 2% of the SID. The light field shall be aligned with the x-ray field with the same degree of accuracy. The field size projected by automatic adjustable beam-limiting devices shall provide the same precision.

(9) For radiographic procedures resulting in multiple views on a single image receptor the beam-limiting device shall limit the x-ray field size to the recorded radiographic image size within 2% of the SID. Covering a portion of the image receptor with radioopaque material is not a substitute for proper x-ray field limitation.

(10) A device shall be provided which terminates the exposure at a preset time interval or exposure limit. The operator shall be able to terminate the exposure at all times by discontinuing pressure upon the exposure switch except that during serial radiography means may be provided to permit completion of a single exposure of the series in progress.

(11) A primary radiographic exposure switch shall be provided which shall be securely fixed so that the operator shall be behind a fixed shield which intercepts the useful beam and radiation which has been scattered only once.

(12) An auxiliary foot switch may be provided to activate the radiographic tube in addition to, but not in substitution of, the requirement of subrule (11) of this rule. This auxiliary switch need not be fastened behind a fixed shield.

(13) The control panel shall provide positive visual identification of the production of x-rays when the x-ray tube is energized. A milliammeter may meet the requirement of this subrule.

(14) A signal audible to the operator shall indicate that the exposure has ended.

(15) The technique factors to be used during an exposure shall be indicated before the exposure begins. When automatic exposure controls are used, only those technique factors which are set before the exposure shall be indicated. On equipment having fixed technique factors, this requirement may be met by permanent markings. Indication of technique factors shall be visible from the operator's position.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5407 Enclosures {#sec-r-333.5407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5407}

Rule 407 (1) An enclosure shall be a permanent part of the building or equipment.

Portable shields shall not be used for permanent installations.

(2) The degree of protection required for an enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

(3) In a radiographic room, wall and floor areas exposed to the useful beam plus an additional area extending at least 30 centimeters (1 foot) beyond shall be provided with a primary protective barrier as determined by workload, use and occupancy factors, and distance. All vertical primary protective barriers specified in this rule shall extend continuously from the floor to a minimum height of 2.1 meters (7 feet).

(4) Secondary protective barriers shall be provided in the radiographic room ceiling and in those walls not requiring primary barriers.

(5) Control apparatus for the radiographic equipment shall be shielded by a primary protective barrier which cannot be removed from a protective position between the operator and the radiation source during machine operation.

(6) Movable barriers with electrical interlocks shall not be approved in place of compliance with subrule (5) of this rule.

(7) The primary exposure switch location and control shield shall be oriented so that, at arm's length from the exposure switch, the operator shall not be exposed to the useful beam, leakage radiation, or radiation which has been scattered only once.

(8) The operator shall be able to see and communicate with personnel within the room from a shielded position at the control panel. When an observation window is provided, it shall have a lead equivalence at least equal to that required of the control barrier and shall be installed so that the attenuation effectiveness of the barrier is not impaired.

(9) At times it may be necessary for personnel to remain within operating room or special procedure installations during radiographic exposures. A primary protective barrier shall be provided for personnel protection under these circumstances unless necessary technique prevents its use. This barrier may be movable if necessary.

Movable barriers shall not be permitted in place of the provisions of subrules (3) and (5) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5409 Conditions of operation {#sec-r-333.5409 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5409}

Rule 409. (1) An operator shall properly utilize the beam-limiting devices provided to restrict the useful beam to the smallest area consistent with clinical requirements.

Particular care shall be taken to align accurately the x-ray beam with the patient and film.

(2) The operator shall ensure the presence of adequate filtration before a radiographic procedure pursuant to R 333.5405(2).

(3) When a patient or film is held in position for radiography, mechanical supporting or restraining devices shall be available and shall be used unless contraindicated. Proper use of these devices shall permit the operator to stand behind the primary control shield during most radiographic procedures.

(4) If the patient or film is held by 1 or more individuals, each individual shall wear protective gloves and body aprons of 0.5 millimeter minimum lead equivalence. Each individual shall be so positioned that no part of his or her body is struck by the useful beam and that his or her body is as far as possible from the edge of the useful beam.

(5) Only individuals whose presence is necessary shall be permitted in the radiographic room during an exposure. These individuals shall be protected as specified in subrule (4) of this rule unless protected by an approved primary barrier.

(6) If an auxiliary foot switch is provided as specified in R 333.5405(12), it shall be used only by a licensed veterinarian and only at times when sufficient personnel are not available to permit use of the primary exposure switch specified in R 333.5405(11).

(7) To protect the feet of the veterinarian or his or her assistant from the primary beam while restraining patients, the underside of the radiographic table shall be protected by at least 1.6 millimeter (1/16 inch) lead or equivalent protection approved by the department.

(8) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from diagnostic x-ray equipment.

Individual monitoring devices, such as film badge dosimeters or thermoluminescent dosimeters, shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(9) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(10) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all other body parts shall comply with R 333.5065.

(11) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(12) Medical x-ray screen type films and intensifying screens shall be employed to reduce patient exposure except in cases where a noticeable decrease in image definition resulting from increased sensitivity may reduce the clinical value of the examination.

(13) Film processing materials and techniques shall be those recommended by the xray film and processing materials manufacturers unless otherwise tested to ensure maximum information content of the developed film. Sight developing is not permitted except under extreme emergency conditions. Correct temperature control and development time are necessary to minimize radiation dose to the patient.

(14) A radiographic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

FIXED FLUOROSCOPIC INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5411 X-ray equipment {#sec-r-333.5411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5411}

Rule 411. (1) All x-ray tube housings in fixed fluoroscopic installations shall be of the diagnostic type.

(2) The aluminum equivalent of the total filtration permanently in the useful beam shall not be less than 2.5 millimeters aluminum.

(3) The source-patient distance on fluoroscopic machines should not be less than 45 centimeters (18 inches) and shall not be less than 30 centimeters (12 inches).

(4) Provision shall be made to intercept the scattered x-rays from the undersurface of the table top and other structures under the fluoroscopic table if the tube is mounted under the table. A cone or shield shall provide the same degree of attenuation as is required of the tube housing.

(5) A shielding device of at least 0.25 millimeter lead equivalence for covering the bucky slot during fluoroscopy shall be provided.

(6) A shielding device of at least 0.25 millimeter lead equivalence, such as overlapping protective drapes or hinged or sliding panels, shall be used to intercept scattered radiation that would otherwise reach the fluoroscopist and others near the machine.

(7) A fluoroscopic machine shall comply with both of the following:

(a) The entire cross section of the useful beam shall be intercepted by the primary protective barrier of the fluoroscopic image assembly at any SID. The fluoroscopic tube shall not produce x-rays unless the barrier is in position to intercept the entire useful beam. The exposure rate due to transmission through the barrier with the attenuation block in the useful beam combined with radiation from the image intensifier, if provided, shall not exceed 2 milliroentgens per hour at 10 centimeters from an accessible surface of the fluoroscopic imaging assembly beyond the plane of the image receptor for each roentgen per minute of entrance exposure rate.

(b) The entrance exposure rate shall be measured as described in subrule (15) of this rule. The exposure rate due to transmission through the primary barrier combined with radiation from the image intensifier shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

If the source is below the tabletop, the measurement shall be made with the input surface of the fluoroscopic imaging assembly positioned 30 centimeters above the tabletop. If the source is above the tabletop and the SID is variable, the measurement shall be made with the end of the beam-limiting device or spacer as close to the tabletop as it can be placed, if it is not closer than 30 centimeters. Movable grids and compression devices shall be removed from the useful beam during the measurement. For all measurements, the attenuation block shall be positioned in the useful beam 10 centimeters from the point of measurement of the entrance exposure rate and between this point and the input surface of the fluoroscopic imaging assembly.

(8) The lead equivalence of the barrier of conventional fluoroscopes shall be not less than 1.5 millimeters at 100 kVp, 1.8 millimeters at 125 kVp, and 2.0 millimeters at potentials greater than 125 kVp.

(9) A beam-limiting device shall be provided to restrict the size of the useful beam to less than the area of the barrier. The x-ray tube and beam-limiting system shall be linked with the fluorescent screen assembly so that the useful beam at the fluorescent screen is confined within the barrier irrespective of the panel-screen distance. For image intensifiers, the useful beam shall be centered on the input phosphor. It should not exceed the diameter of the input phosphor during fluoroscopy or cine-recording. For spot film radiography with image intensifier equipment, the shutters should automatically open to the required field size before the exposure.

(10) Beam-limiting devices, such as collimators, adjustable diaphragms, or shutters, shall provide the same degree of attenuation as is required of the tube housing.

(11) A fluoroscopic machine shall comply with either of the following:

(a) The x-ray field produced by nonimage-intensified fluoroscopic equipment shall not extend beyond the entire visible area of the image receptor. Means shall be provided to permit further limitation of the field. The minimum field size at the greatest SID shall be equal to or less than 5 by 5 centimeters.

(b) For image-intensified fluoroscopic equipment, the total misalignment of the edges of the x-ray field with the respective edges of the visible area of the image receptor along any dimension of the visually defined field in the plane of the image receptor shall not exceed 3% of the SID. The sum, without regard to sign, of the misalignment along any 2 orthogonal dimensions intersecting at the center of the visible area of the image receptor shall not exceed 4% of the SID. For rectangular x-ray fields used with circular image receptors, the error in alignment shall be determined along the length and width dimensions of the x-ray field which pass through the center of the visible area of the image receptor. Means shall be provided to permit further limitation of the field. The minimum field size, at the greatest SID, shall be equal to or less than 5 by 5 centimeters.

(12) X-ray production in the fluoroscopic mode shall be controlled by a device that requires continuous pressure by the operator for the entire time of an exposure. When recording serial fluoroscopic images, the operator shall be able to terminate the x-ray exposures at any time, but means may be provided to permit completion of any single exposure of the series in progress.

(13) When the fluoroscope is operated at 80 kVp, the exposure rate at the position where the beam enters the patient shall not exceed 3.2 R/mA-min and should not exceed 2.1 R/mA-min.

(14) Entrance exposure rate limits for fluoroscopic machines shall be as follows:

(a) Machines with automatic exposure rate control shall not be operable at a combination of tube potential and current which results in an exposure rate in excess of 10 roentgens per minute at the point where the center of the useful beam enters the patient, except during recording of fluoroscopic images or when an optional high level control is provided. Special means of activation of high level controls, such as additional pressure applied continuously by the operator, shall be required to avoid accidental use.

A continuous signal audible to the fluoroscopist shall indicate that the high level control is being employed.

(b) Machines without automatic exposure rate control shall not be operable at a combination of tube potential and current which results in an exposure rate in excess of 5 roentgens per minute at the point where the center of the useful beam enters the patient, except during recording of fluoroscopic images or when an optional high level control is activated. Special means of activation of high level controls, such as additional pressure applied continuously by the operator, shall be provided to avoid accidental use. A continuous signal audible to the fluoroscopist shall indicate that the high level control is being employed.

(15) Compliance with subrule (14) of this rule shall be determined as follows:

(a) If the source is below the table, the exposure rate shall be measured 1 centimeter above the tabletop or cradle.

(b) If the source is above the table, the exposure rate shall be measured at 30 centimeters above the tabletop with the end of the beam-limiting device or spacer positioned as closely as possible to the point of measurement.

(c) In a C-arm type of fluoroscope, the exposure rate shall be measured 30 centimeters from the input surface of the fluoroscopic imaging assembly.

(16) Means shall be provided to preset the cumulative on-time of the fluoroscopic tube. The maximum cumulative time of the timing device shall not exceed 5 minutes without resetting. A signal audible to the fluoroscopist shall indicate the completion of the preset cumulative on-time. This signal shall continue to sound while x-rays are produced until the timing device is reset.

(17) Devices which indicate the x-ray tube potential and current shall be provided.

On image intensified fluoroscopic equipment, these devices should be located in such a manner that the operator may monitor the tube potential and current during fluoroscopy.

Editor's Note: An obvious error in R 325.5411 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5417 Enclosures {#sec-r-333.5417 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5417}

Rule 417. (1) An enclosure shall be a permanent part of the building or equipment.

Portable shields shall not be used for permanent installations.

(2) The degree of protection required for an enclosure shall be determined by the workload, the use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

(3) For conventional fluoroscopy extraneous light that interferes with the fluoroscopic examination shall be eliminated. Dark adaptation normally is not necessary when using image intensifiers.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5418 Conditions of operation {#sec-r-333.5418 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5418}

Rule 418. (1) An individual present in a fluoroscopic room shall wear a protective apron of at least 0.5 millimeter lead equivalence.

(2) Only individuals whose presence is needed to conduct the examination, to conduct radiation protection surveys, or to undergo specific training shall be permitted in the fluoroscopy room during x-ray exposures.

(3) Personnel monitoring shall be performed in controlled areas for each individual occupationally exposed to ionizing radiation from diagnostic x-ray equipment.

Individual monitoring devices, such as film badge dosimeters or thermoluminescent dosimeters, shall be permanently assigned to each occupationally exposed individual.

This monitoring shall be continuous during employment as a radiation worker.

(4) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(5) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all other body parts shall meet the requirements of R 333.5065.

(6) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(7) The fluoroscopist's eyes should be sufficiently dark-adapted for the visual task required before commencing conventional fluoroscopy. Under no circumstances shall he or she attempt to compensate for inadequate adaptation by increasing exposure factors employed or by prolonging the fluoroscopic examination.

(8) A fluoroscopic x-ray system shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

MOBILE OR PORTABLE DIAGNOSTIC X-RAY EQUIPMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5421 X-ray equipment {#sec-r-333.5421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5421}

Rule 421. (1) Radiographic x-ray equipment shall meet the requirements of R 333.5405 excluding subrules (5) and (11).

(2) Fluoroscopic x-ray equipment shall meet the requirements of R 333.5411 excluding subrules (3), (4), (5), and (7).

(3) The radiographic exposure control switch shall be located on the machine where adequate personnel protection is provided to attenuate the direct and scatter radiation, or the length of switch cord shall be such that the operator shall be able to stand at least 1.8 meters (6 feet) from the patient, the x-ray tube, and out of the useful beam. A coil type extension switch cord capable of providing more than 1.8 meters (6 feet) of distance protection is recommended.

(4) Hand-held fluoroscopic screens and others not attached to a diagnostic source assembly with stable mounting shall not be used.

(5) Image intensification shall always be provided on mobile fluoroscopic equipment.

Mobile fluoroscopic equipment shall be impossible to operate unless the useful beam is intercepted by the image intensifier. Means shall be provided to limit the source-skin distance to not less than 30 centimeters (12 inches). For fluoroscopes intended for specific surgical application that would be prohibited at the source-skin distances specified in this subrule, provisions may be made for operation at shorter source-skin distances but in no case less than 20 centimeters.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5422 Shielding {#sec-r-333.5422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5422}

Rule 422. (1) Portable shielding of at least 1.6 millimeter (1/16 inch) lead equivalent shall be used by the operator and other individuals nearby when possible.

(2) Mobile or portable diagnostic x-ray equipment used routinely in 1 location shall be considered a fixed installation and shall meet the requirements of R 333.5405 and R 333.5407, or R 333.5411 and R 333.5417, or both.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5423 Conditions of operation {#sec-r-333.5423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5423}

Rule 423. (1) Operation shall meet the requirements of R 333.5409 and R 333.5418.

(2) Individuals operating mobile or portable diagnostic x-ray equipment shall wear a protective apron of minimum 0.5 millimeter lead equivalence unless portable shielding is provided as specified in of R 333.5422(1).

MISCELLANEOUS AND SPECIAL INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5425 General provisions {#sec-r-333.5425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5425}

Rule 425. (1) Types of x-ray sources and uses not specifically covered by this part and not exempted in R 333.5033, shall meet the requirements in R 333.5001 to R 333.5101.

(2) For the purpose of registering and approving veterinary x-ray producing equipment and devices not specifically covered by this part the protective design, the workload, the use factor, and the occupancy factor shall be considered.

PART 11. PARTICLE ACCELERATOR INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5431 Purpose and scope {#sec-r-333.5431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5431}

Rule 431. (1) This part establishes procedures for the registration of particle accelerators, a classification system for particle accelerator installations and use, and radiation safety requirements for persons utilizing all types of particle accelerators except those specifically exempted from this part.

(2) This part applies to all registrants who use particle accelerators for a purpose other than those exempted under R 333.5432.

(3) In addition to the requirements of this part, all registrants are subject to the applicable provisions of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5432 Definition {#sec-r-333.5432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5432}

Rule 432. "Particle accelerator" or "accelerator", as used in this part, means a radiation machine designed for or capable of accelerating electrically charged particles, such as electrons, protons or deuterons, with an electrical potential in excess of 1 MeV.

Radiation machines designed and used exclusively for the production of electron beams or x-radiation for any of the following purposes except those capable of producing radioactive material in excess of exempt quantities listed in schedule B of R 325.5147 are excluded from this definition:

(a) The diagnosis or treatment of patients.

(b) Industrial radiography.

(c) Examination of the microscopic structure of materials.

(d) Manufacturing process control.

(e) Research and development.

(f) Demonstration of scientific principles for educational purposes.

LICENSE OR REGISTRATION

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5435 General provisions {#sec-r-333.5435 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5435}

Rule 435. A person having a particle accelerator subject to this part shall comply with the registration requirements of R 333.5031 to R 333.5049.

CLASSIFICATION

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5437 Class enumeration {#sec-r-333.5437 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5437}

Rule 437. (1) For registration and approval purposes, particle accelerator installations shall be classified as class AA, class A, class B, or class C.

(2) For the purpose of registering and approving mobile or portable particle accelerators intended for limited use at temporary job site locations, this use shall be classified as class D operation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5438 Class AA installations {#sec-r-333.5438 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5438}

Rule 438. (1) In class AA installations the accelerator and objects exposed thereto shall be contained within a permanent enclosure.

(2) The enclosure shall be constructed so that the dose equivalent rate as measured in air at a distance of 5 centimeters from an accessible point on the external surface shall not exceed 2 millirems per hour under conditions of maximum radiation output permitted by the design or operating characteristics of the accelerator.

(3) Mechanical or electrical limiters shall limit movement or alignment of the accelerated beam within the enclosure if necessary to comply with subrule (2) of this rule.

(4) A personnel barrier posted pursuant to R 333.5067 to R 333.5072 restricting access to the roof of the enclosure shall meet the requirement of subrule (2) of this rule.

(5) Reliable interlocks shall be provided which prevent an individual from opening the enclosure while the accelerator is in operation or which terminate machine operation if an individual opens the enclosure. These interlocks shall meet the requirements of R 333.5448.

(6) Enclosures of sufficient size to permit human occupancy shall be provided with visible or audible signals or both within the enclosure which are activated a minimum of 5 seconds before accelerator operation. Individuals shall at all times be able to escape from within the enclosure.

(7) An individual shall not be permitted to remain within the enclosure while the accelerator is in operation except as a human patient undergoing radiation treatment.

(8) Protective enclosures and equipment shall be kept in good repair.

(9) Electron beam welders shall meet class AA requirements.

(10) Class AA approval permits unlimited use at maximum capacity.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5439 Class A installations {#sec-r-333.5439 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5439}

Rule 439. (1) Class A installations shall comply with all requirements of R 333.5438 except for a permissible dose equivalent rate of 7 millirems per hour at an accessible external point.

(2) An individual monitoring device, such as a film badge dosimeter or thermoluminescent dosimeter, shall be permanently assigned to each occupationally exposed individual. This monitoring shall be continuous during employment as a radiation worker.

(3) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(4) Class A approval permits unlimited use at maximum capacity.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5440 Class B installations {#sec-r-333.5440 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5440}

Rule 440. (1) Class B installations shall comply with all requirements of R 333.5439.

(2) Accelerator beam current and potential controls shall be mechanically or electrically limited so as not to exceed the normal operating conditions as specified in the application for specific license or registration.

(3) Class B approval permits unlimited use under normal operating conditions as specified by subrule (2) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5441 Class C installations {#sec-r-333.5441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5441}

Rule 441. (1) Class C installations shall comply with all requirements of R 333.5439 except for a permissible dose equivalent rate of 50 millirems per hour at an accessible external point.

(2) The maximum weekly accelerator beam on time shall be established by the department under the conditions specified in the application for specific license or registration.

(3) Warning signs shall be posted in those areas outside the enclosure in which the radiation exposure dose equivalent rate in air at an accessible external point exceeds 2 millirems per hour under conditions of maximum radiation output permitted by the design or limited operating characteristics of the accelerator.

(4) A daily usage log shall be maintained to record machine operation. The record shall be available at the accelerator site for examination by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5442 Class D operations {#sec-r-333.5442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5442}

Rule 442. (1) Particle accelerator operations conducted under conditions not meeting the provisions and requirements of R 333.5438 to R 333.5441 shall be classified as class D operations and shall not be operated longer than 30 days unless written authorization is granted by the department.

(2) Written authorization in the form of a registration condition may be granted by the department for class D operations longer than 30 days but not longer than 6 months at 1 location when an undue and unnecessary hardship may result from the 30-day limitation.

Written request by the applicant for this authorization is required and shall describe the hardship involved as well as provide written assurance of compliance with the requirements of these rules for class D operation. This assurance shall be in the form of satisfactory written procedures which shall be approved by the department before the issuance of a certificate of registration.

SAFETY REQUIREMENTS FOR THE USE OF PARTICLE

ACCELERATORS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5445 General provisions {#sec-r-333.5445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5445}

Rule 445. (1) R 333.5445 to R 333.5452 establish radiation safety requirements for the use of particle accelerators. These requirements are in addition to, and not in substitution for, other applicable provisions of these rules.

(2) A registrant shall be responsible for assuring that all requirements of this part are met.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5446 Limitations {#sec-r-333.5446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5446}

Rule 446. (1) A registrant shall not permit an individual to act as an accelerator operator until the individual has met all of the following:

(a) Been instructed and demonstrated an understanding of radiation safety.

(b) Received copies of, instruction in, and demonstrated an understanding of R 333.5431 to R 333.5452 and the applicable requirements of all of the following:

(i) R 333.5051 to R 333.5089.

(ii) Pertinent registration conditions.

(iii) The registrant's operating and emergency procedures.

(c) Demonstrated competence to use the particle accelerator, related equipment, and survey instruments employed in his or her assignment.

(2) The radiation safety committee or the radiation protection supervisor shall have the authority to terminate the operations at an accelerator facility or of a class D operation if this action is necessary to protect and minimize danger to public health and safety or property.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5447 Shielding {#sec-r-333.5447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5447}

Rule 447. (1) The design and shielding specifications for an accelerator shall be submitted to and approved by the department before issuance of a certificate of registration. After construction, the radiation safety of the installation shall be established by a protection survey conducted pursuant to R 333.5063. A written report of the initial survey shall be submitted to the department and approved in writing before continued operation of the accelerator.

(2) An accelerator installation shall be provided with primary or secondary barriers as are necessary to ensure compliance with R 333.5057 to R 333.5061.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5448 Accelerator controls and interlock systems {#sec-r-333.5448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5448}

Rule 448. (1) Instrumentation, readouts, and controls on the accelerator control console shall be clearly identified and easily discernible.

(2) All entrances or openings into a target room or other high radiation area shall be provided with interlocks.

(3) When an interlock system has been tripped, operation of the accelerator shall only be resumed by first manually resetting controls at the position where the interlock has been tripped, and lastly at the main control console.

(4) A safety interlock shall be on a circuit which will allow it to operate independently of all other safety interlocks.

(5) A safety interlock shall be fail safe. A defect or component failure in the interlock system shall prevent operation of the accelerator.

(6) A scram button or other emergency power cutoff switch shall be located and easily identifiable in all high radiation areas. This cutoff switch shall include a manual reset so that the accelerator cannot be restarted from the accelerator control console without resetting the cutoff switch.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5449 Warning devices {#sec-r-333.5449 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5449}

Rule 449. (1) Locations designated as high radiation areas, and entrances to these locations, shall be equipped with easily observable warning lights that operate when, and only when, radiation is being produced.

(2) Except in installations designed for human exposure, a high radiation area shall have an audible warning device which shall be activated for 15 seconds before the possible creation of a high radiation area. This warning device shall be clearly discernible in all high radiation areas and all radiation areas.

(3) Barriers and pathways leading to high radiation areas shall be identified pursuant to R 333.5067 to R 333.5074.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5450 Equipment control and operations {#sec-r-333.5450 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5450}

Rule 450. (1) A particle accelerator shall not be left unattended without locking the control panel in a manner which prevents its use by unauthorized individuals.

(2) A mobile or portable particle accelerator shall not be left unattended without locking the room or building in which it is housed in a manner which prevents its removal by unauthorized persons.

(3) Access to keys used to comply with the requirements of subrules (1) and (2) of this rule shall be limited to specific individuals authorized by the radiation protection supervisor.

(4) Only a switch on the accelerator control console shall be routinely used to turn the accelerator beam on and off. The safety interlock system shall not be used to turn off the accelerator beam except in an emergency or during periodic testing of the interlock system.

(5) All safety and warning devices, including interlocks, shall be checked for proper operability at least quarterly. Results of these tests shall be maintained for inspection by the department at the accelerator installation.

(6) Electrical circuit diagrams of the accelerator, and the associated interlock systems, shall be kept current and on file at each accelerator installation.

(7) If it is necessary to intentionally bypass a safety interlock or interlocks, the action shall be in conformance with all of the following:

(a) Authorized by the radiation protection supervisor pursuant to R 333.5075.

(b) Recorded in a permanent log and a notice posted at the accelerator control console.

(c) Terminated as soon as possible.

(8) A copy of the operating and the emergency procedures shall be maintained at the accelerator control panel.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5452 Radiation surveys {#sec-r-333.5452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5452}

Rule 452. (1) A registrant shall maintain at each accelerator installation or class D operation appropriate calibrated and operable portable radiation monitoring instruments to make physical radiation surveys as required by this part and R 333.5051 to R 333.5089.

(2) These instruments shall be capable by design, calibration, and operation of measuring the intensity of the various types and energies of radiation produced by the accelerator. These instruments shall be tested for proper operation at the beginning of each day they are to be used and calibrated at least quarterly.

(3) During repair or calibration of a radiation monitoring instrument, a spare calibrated and operable instrument shall be provided or accelerator operations which require the instrument shall be terminated until required instrumentation is available.

(4) A radiation protection survey shall be performed and documented pursuant to R 333.5063 when changes have been made in shielding, operation, equipment, or occupancy of adjacent areas.

(5) Radiation levels in all accessible high radiation areas shall be continuously monitored except in installations designed for human exposure. The monitoring devices shall be independent and capable of providing a remote and local readout with visual or audible alarms, or both, at the control panel and at the monitoring stations.

(6) All area monitors shall be calibrated at established periodic intervals approved by the department.

(7) All area surveys shall be made as specified in the written procedures established by a health physics consultant or the radiation protection supervisor of the accelerator facility and approved by the department.

(8) Records of all radiation protection surveys, calibration results, instrumentation tests, and smear results shall be kept current and on file at each accelerator facility.

PART 13. MISCELLANEOUS SOURCES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5481 Purpose and scope {#sec-r-333.5481 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5481}

Rule 481. (1) This part establishes radiation safety requirements for miscellaneous radiation sources and for persons utilizing sources not exempted under R 333.5015 and not specifically covered elsewhere by these rules.

(2) This part applies to all persons who use sources of radiation not specifically covered by the other parts.

(3) In addition to the requirements of this part all persons and activities covered by this part are subject to the applicable provisions of R 333.5001 to R 333.5101.

ANALYTICAL X-RAY SOURCES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5482 X-ray equipment {#sec-r-333.5482 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5482}

Rule 482. (1) Tube housing leakage from analytical x-ray sources shall not exceed 0.5 milliroentgen per hour at a 5 centimeter distance from the surface of the tube housing with the beam ports blocked and the tube operating at its leakage technique factors. Also, radiation originating from the high voltage power supplies shall not exceed this limit.

(2) For instruments in which the primary x-ray beam is completely enclosed, the radiation shall be less than 2 milliroentgens per hour at a distance of 25 centimeters from the cabinet surface.

(3) For enclosed equipment, interlocks shall be provided on all access panels which terminate exposure and prevent operation while the panel is removed.

(4) Open beam analytical x-ray equipment shall meet all of the following:

(a) X-ray diffraction cameras shall have the appropriate ports arranged so that the camera collimating system is in place before the x-ray tube can be energized or the shutter can be opened.

(b) An adapter between the x-ray tube and the collimator of the diffractometer camera or other accessory shall provide protection equivalent to that required by subrule (1) of this rule.

(c) Safety interlocks shall not be used as routine cut-off switches during normal operation. They shall be operated as safety devices only, and tested periodically. When the interlock system terminates the x-ray beam, it shall be necessary to reset the "on" switch at the control panel to resume operation.

(d) Tube head ports which are not in use shall be secured in a closed position and interlocked to the x-ray generator or warning system.

(e) The shutter indicator shall be conspicuously displayed to disclose the "open" or "closed" position of the shutter.

(f) The instrument shall display a conspicuous warning label such as "CAUTION RADIATION - THIS EQUIPMENT PRODUCES X-RADIATION WHEN ENERGIZED."

(g) A red warning light shall indicate "X-RAY ON" when the equipment is producing x-rays. Other signal lights or alarms shall operate only to indicate a malfunction which may produce a radiation, electrical, or other hazard.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5484 Administrative procedures {#sec-r-333.5484 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5484}

Rule 484. A radiation protection supervisor shall be appointed to be responsible for radiation safety. This individual’s primary job duty shall not be operating the x-ray equipment. The radiation protection supervisor or designated representative shall do all of the following:

(a) Ensure that operational and maintenance procedures are followed.

(b) Provide instruction in safety practices for all individuals working with the x-ray equipment, and those working in the immediate area or periodically review the safety instruction provided for these individuals.

(c) Maintain a personnel monitoring system, as required by R 333.5487.

(d) Review, approve, and supervise modifications or replacement of parts for the xray apparatus.

(e) Conduct surveys and tests as necessary to certify compliance with these rules, including specific registration conditions, and maintain records thereof for examination by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5485 Operators {#sec-r-333.5485 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5485}

Rule 485. (1) An individual shall not act as the operator of analytical x-ray equipment until he or she has received training in radiation safety and has been approved by the radiation protection supervisor or designated representative. The operator shall also demonstrate competence in the use of the machine and radiation survey instruments.

(2) The operator shall be responsible for complying with all procedures associated with the x-ray equipment.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5486 Operating procedures {#sec-r-333.5486 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5486}

Rule 486. A set of operating procedures, written in understandable and concise language, shall be posted on or adjacent to the machine,.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5487 Personnel monitoring {#sec-r-333.5487 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5487}

Rule 487. An operator of analytical x-ray equipment having an open-beam configuration shall be provided with finger or wrist radiation monitoring devices. An analytical x-ray system having an open-beam configuration is one in which an individual could accidentally place some part of his or her body in the primary beam path during normal operation. An individual coming in contact with equipment capable of exposing a major portion of the body shall be required to wear whole-body monitoring equipment at all times. Personnel coming in contact with this equipment shall be warned of the nature and type of physiological effects that may be expected when overexposed to radiation.

COLD-CATHODE GAS DISCHARGE TUBES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5491 Rules applicable {#sec-r-333.5491 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5491}

Rule 491. Cold-cathode gas discharge tubes designed to demonstrate the effects of a flow of electrons or the production of x-radiation are subject to the requirements of R 333.5492 to R 333.5495.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5492 Exposure rate limit {#sec-r-333.5492 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5492}

Rule 492. (1) Radiation exposure rates produced by cold-cathode gas discharge tubes shall not exceed 10 mR/hr at a distance of 30 centimeters from a point on the external surface of the tube, as measured pursuant to R 333.5493.

(2) The divergence of the exit beam from tubes designed primarily to demonstrate the effects of x-radiation, with the beam blocking device in the open position, shall not exceed π (Pi) steradians.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5493 Measurements {#sec-r-333.5493 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5493}

Rule 493. (1) Compliance with the exposure rate limit specified in R 333.5492 (1) shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension exceeding 20 centimeters.

(2) Measurements of exposure rates from tubes in enclosures from which the tubes cannot be removed without destroying the function of the tube may be made at a distance of 30 centimeters from a point on the external surface of the enclosure under either of the following conditions:

(a) In the case of enclosures containing tubes designed primarily to demonstrate the production of x-radiation, measurements shall be made with a beam blocking device in the beam blocking position.

(b) In the case of enclosures containing tubes designed primarily to demonstrate the effects of a flow of electrons, measurements shall be made with all movable or removable parts of the enclosure in the position which would maximize external exposure levels.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5494 Test conditions {#sec-r-333.5494 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5494}

Rule 494. (1) Measurements shall be made under the conditions of use specified in instructions provided by the manufacturer.

(2) Measurements shall be made with the tube operated under forward and reverse polarity.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5495 Instructions; labels and warnings {#sec-r-333.5495 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5495}

Rule 495. (1) For each tube to which R 333.5492 to R 333.5495 are applicable, the registrant shall ensure the availability of appropriate safety instructions and instructions for the use of the tube. These instructions shall include the specification of a power source for use with the tube.

(2) An enclosure or tube shall have tags or labels inscribed on or permanently affixed , which identify the intended polarity of the terminals and shall include either of the following:

(a) In the case of tubes designed primarily to demonstrate the heat effect, fluorescence effect, or magnetic effect, a warning that application of power in excess of that specified may result in the production of x-rays in excess of allowable limits.

(b) In the case of tubes designed primarily to demonstrate the production of xradiation, a warning that this device produces x-rays when energized.

(3) The tag or label required by subrule (2) of this rule shall be located on the tube or enclosure so as to be readily visible and legible when the product is fully assembled for use.

ELECTRON MICROSCOPES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5505 Equipment {#sec-r-333.5505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5505}

Rule 505. (1) During all phases of operation of an electron microscope at the maximum rated continuous tube current for the maximum rated peak tube potential the radiation exposure rate as measured in air at a distance of 5 centimeters from an accessible point on the external surface of the microscope shall not exceed 0.5 milliroentgen per hour.

(2) Interlocks shall be provided on all potential radiation hazard access panels which terminate exposure and prevent operation while the panel is removed.

(3) The instrument shall display a conspicuous warning label such as “CAUTION RADIATION - THIS EQUIPMENT PRODUCES X-RADIATION WHEN ENERGIZED.”

(4) Electron microscopes that are not capable of exceeding an operating potential of 50 kilovolts are exempt from the requirements of R 333.5505 to R 333.5508.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5506 Administrative procedures {#sec-r-333.5506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5506}

Rule 506. A radiation protection supervisor shall be appointed to be responsible for radiation safety. This individual shall not normally operate the electron microscope. The radiation protection supervisor or a designated representative shall do all of the following:

(a) Ensure that operational and maintenance procedures are followed.

(b) Provide instruction in safety practices for all persons working with the electron microscope, and those working in the immediate area.

(c) Maintain a personnel monitoring system, if provided.

(d) Review, approve, and supervise modifications or replacement of parts for the electron microscope.

(e) Conduct surveys and tests as necessary to certify compliance with these rules, including specific registration conditions.

(f) Maintain records of surveys and tests for examination by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5507 Operators {#sec-r-333.5507 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5507}

Rule 507. (1) An individual shall not act as operator of an electron microscope unless he or she has demonstrated to the satisfaction of the radiation protection supervisor or designated representative both of the following:

(a) Competence in the safe use of the instrument.

(b) Awareness of the potential radiation hazard which could result from improper adjustment or misuse of the instrument.

(2) The operator shall be responsible for complying with all procedures associated with the instrument.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5508 Operating procedures {#sec-r-333.5508 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5508}

Rule 508. A set of operating procedures, written in understandable and concise language shall be posted on or adjacent to the electron microscope.

OTHER MISCELLANEOUS SOURCES

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5511 Registration conditions {#sec-r-333.5511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5511}

Rule 511. Types of radiation sources and uses not specifically covered by these rules shall be subject to specific requirements designated by the department in the form of registration conditions for the protection of public health, safety, and property until these rules are amended to specifically cover these sources and uses.

PART 14. MAMMOGRAPHY

GENERAL PROVISIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5601 Purpose and scope {#sec-r-333.5601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5601}

Rule 601. (1) This part establishes requirements governing the use of x-radiation for mammography and applies to all persons who use x-radiation for mammography for the intentional exposure of humans. A person shall not use a radiation machine to perform mammography unless the radiation machine is registered with the department pursuant to R 333.5031 to R 333.5049 and is authorized pursuant to the act to perform mammography.

(2) In addition to the requirements of this part, all persons are subject to all applicable provisions of these rules.

(3) A facility shall not misrepresent to its employees, to the public, or to the department its status with respect to accreditation of the mammography equipment by the American college of radiology, department authorization to perform mammography, or compliance with department rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5602 Adoption by reference {#sec-r-333.5602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5602}

Rule 602. Some of these rules refer to all or parts of the following nationally recognized standards, which are adopted by reference and identified by date:

(a) Standards of the United States department of health & human services, title 21 - food and drugs, part 900 - mammography. These standards are available for no cost from either of the following sources:

(i) The website of the Michigan department of licensing and regulatory affairs, radiation safety section at http://www.michigan.gov/rss.

(ii) The website of the United States department of health & human services, mammography quality standards act and program at http://www.fda.gov/Radiation- EmittingProducts/MammographyQualityStandardsActandProgram/default.htm.

(b) The regulations in 21 C.F.R. 1020.30, “Diagnostic x-ray systems and their major components” (April 2007), and 21 C.F.R. 1020.31, “Radiographic equipment”

(June 2005). These regulations are available for no cost from either of the following sources:

(i) The website of the Michigan department of licensing and regulatory affairs, radiation safety section at http://www.michigan.gov/rss.

(ii) The website of the United States department of health & human services, U.S. food and drug administration at http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm.

(c) Criteria of the American college of radiology, “Mammography Accreditation Program Requirements” (January 2014), and “Stereotactic Breast Biopsy Accreditation Program Requirements” (July 2013). These criteria are available for no cost from either of the following sources:

(i) The website of the Michigan department of licensing and regulatory affairs, radiation safety section at http://www.michigan.gov/rss.

(ii) The website of the American college of radiology at http://www.acr.org.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5603 Definitions {#sec-r-333.5603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5603}

Rule 603. (1) As used in this part the definitions in 21 C.F.R. 900.2, “Definitions”

(2002), are adopted by reference with the exception of the definition of “mammography.”

(2) As used in this part the following definitions apply:

(a) “Interpreting physician” means a physician who interprets mammograms and who meets the requirements of R 333.5627 to R 333.5629.

(b) "Mammography" means radiography of the breast for the purpose of enabling a physician to determine the presence, size, location, and extent of cancerous or potentially cancerous tissue in the breast. Mammography includes interventional mammography.

(c) “Stereotactic breast biopsy” means the imaging of a breast performed in at least 2 planes to localize a target lesion during invasive interventions for biopsy procedures.

(d) “Stereotactic breast biopsy physician” means a physician who conducts stereotactic breast biopsy.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5604 Department inspections {#sec-r-333.5604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5604}

Rule 604. (1) The department shall inspect a mammography machine and system not later than 60 days after initial mammography authorization is issued. After that initial inspection, the department shall annually inspect the mammography machine and system.

The department may inspect more frequently than annually.

(2) After a satisfactory inspection by the department, the department shall issue a certificate of radiation machine inspection which identifies the facility and the machine inspected and which provides a record of the date that the machine was inspected. The facility shall conspicuously post the certificate on or near the inspected machine and in a location that is observable by patients.

(3) The department may issue a notice of violations certificate if violations found during an inspection are not corrected within the specified time limit or if the department has not received written verification of corrections within the specified time limit. The notice of violations certificate shall be conspicuously posted on or near the inspected machine and in a location observable by patients.

(4) A facility shall remove the certificate of radiation machine inspection if directed by the department due to subsequent failure to comply with these rules as determined by follow-up inspections by the department.

(5) In conducting inspections, the department shall have access to all equipment, materials, records, personnel, and information that the department considers necessary to determine compliance with these rules. The department may copy, or require the facility to submit to the department, any of the materials, records, or information considered necessary to determine compliance with these rules.

(6) The department shall designate department employees to conduct regulatory inspections.

(7) The department may conduct tests and evaluations as the department considers appropriate to determine compliance with all of the provisions of these rules.

MAMMOGRAPHY AUTHORIZATION

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5605 Standards for authorization {#sec-r-333.5605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5605}

Rule 605. The department shall issue a 3-year mammography authorization if the mammography facility is in compliance with all of the following standards:

(a) The radiation machine meets any of the following requirements:

(i) The machine and the facility in which the machine is used meet the criteria for the American college of radiology mammography accreditation program dated January 2014, and the facility submits an evaluation report issued by the American college of radiology as evidence that the criteria are met. The criteria are adopted by reference in these rules for the purpose of applying this paragraph only.

(ii) A machine used for stereotactic breast biopsy and the facility in which the machine is used meet the criteria of the American college of radiology stereotactic breast biopsy accreditation program dated July 2013, and the facility submits an evaluation report issued by the American college of radiology as evidence that the criteria are met.

The criteria are adopted by reference in these rules for the purpose of applying this paragraph only. A mammography machine that uses a specially designed add-on device for breast biopsy shall be authorized for both mammography and stereotactic breast biopsy.

(iii) The machine is used in a facility that has successfully completed the department's evaluation of the items described in R 333.5610.

(b) The radiation machine, the film or other image receptor used with the machine, and the facility where the machine is used meet the requirements of this part and applicable provisions of these rules.

(c) The radiation machine is specifically designed to perform mammography.

(d) The radiation machine is used exclusively to perform mammography.

(e) The radiation machine is used in a facility that, before the machine is used on patients and at least annually thereafter, has a qualified medical physicist provide on-site consultation to the facility as described in these rules.

(f) The radiation machine is used according to R 333.5667 or R 333.5690 for stereotactic breast biopsy.

(g) The radiation machine is operated only by an individual who can demonstrate to the department that he or she meets the standards described in this part.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5606 Temporary mammography authorization {#sec-r-333.5606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5606}

Rule 606. (1) The department may issue a nonrenewable temporary mammography authorization. A temporary authorization may only be issued if additional time is needed to allow the submission of evidence that is satisfactory to the department to demonstrate compliance with the provisions of R 333.5605.

(2) The department may withdraw a temporary authorization before its expiration if the radiation machine does not meet 1 or more of the criteria specified in R 333.5605.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5607 Application {#sec-r-333.5607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5607}

Rule 607. (1) An applicant who seeks mammography authorization shall apply to the department using an application form that is supplied by the department. If mammography is performed at more than 1 address, a separate application shall be used for each address. An applicant shall accurately provide all information that is requested on the form. The information submitted as part of the application shall be sufficient, as determined by the department, to address all of the standards for authorization.

Applications that do not provide sufficient information shall be returned to the applicant for completion and resubmission. Applications shall include all of the following information:

(a) Information about the facility, including all of the following:

(i) Mammography facility name, address, and telephone number.

(ii) Type of practice.

(iii) The facility registration number, if currently registered.

(iv) A contact person’s name and telephone number.

(b) Personnel information, including the education, training, experience, and certification of the lead interpreting physician, any qualified medical physicist who provides on-site consultation, and any radiologic technologist who performs mammography.

(c) Mammography machine technical information, including all of the following:

(i) Machine registration number, if currently registered.

(ii) Manufacturer.

(iii) Model.

(iv) Target material.

(v) Filter material.

(d) Imaging system information, including all of the following:

(i) The type of imaging system being used.

(ii) Review workstation monitor information, if the machine uses digital imaging.

(iii) Laser printer information, as applicable, for machines using digital imaging.

(iv) Film and screen information, if the machine uses screen-film imaging.

(v) Film processor information, if the machine uses screen-film imaging.

(e) The date of the most recent medical physicist survey.

(2) The department shall respond to an application within 30 days after the date of receipt of the application.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5608 Application fee schedule; waiver {#sec-r-333.5608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5608}

Rule 608. (1) An application form for mammography authorization shall be accompanied by a nonrefundable payment, in full, by the applicant, for department evaluation of compliance with the provisions of R 333.5605(a). The fee schedule is on the website of the department.

(2) If an applicant for mammography authorization submits an evaluation report which is issued by the American college of radiology and which demonstrates compliance with the provisions of R 333.5605(a), then the fee for department evaluation of compliance with the provisions of R 333.5605(a) shall be waived.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5609 Application expiration {#sec-r-333.5609 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5609}

Rule 609. An application for mammography authorization submitted to the department shall expire 6 months from the date of the department's receipt of the completed application unless the time limit is extended by the department.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5610 Supplemental machine information; effect of failure to submit information {#sec-r-333.5610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5610}

Rule 610. (1) Upon notice from the department that an application for mammography authorization is complete and complies with these rules and at the specific request of the department, the applicant shall, within 45 days of the department's request, provide all of the following information for each radiation machine for which mammography authorization is being sought:

(a) Confirmation that a department-approved mammography phantom is on-site when mammography is performed and is used in the facility's ongoing quality control program.

(b) Processor or laser film printer quality control data and corrective actions, if any, taken as a result of that data for a 30-day period beginning after the date the application was sent to the department.

(c) An x-ray image of a department-approved mammography phantom which is taken during the 30-day period for which processor quality control data is required under subdivision (b) of this subrule. The phantom image shall be taken using routine machine settings being used by the facility for that mammography machine for a 4.2-centimeter compressed breast of average density. The phantom image shall be accompanied by documentation of the date that the image was taken and the machine settings that were used.

(d) Determinations of the half-value layer, radiation exposure at skin entrance, and mean glandular dose. These determinations shall be made with the use of a departmentapproved dosimetry device exposed on the phantom during the same exposure that is used to produce an x-ray image to be submitted under subdivision (c) of this subrule, or that are made by other methods as specified or approved by the department.

(e) A set of clinical images produced on or after the date that the application was sent to the department. Mammography images shall be without pathology for each of 2 representative patients, 1 with dense breasts and 1 with fatty breasts. Stereotactic breast biopsy images shall be from 1 calcification biopsy case that demonstrates accurate needle location and includes the case’s corresponding mammograms. The submitted images shall meet all of the following:

(i) The cases are examples of the facility’s best work.

(ii) The images are from actual patients.

(iii) Both screen-film and digital images are labeled with the identification information required in R 333.5657 for mammography images or R 333.5683 for stereotactic breast biopsy images.

(iv) The lead interpreting physician reviews and approves the clinical images.

(f) A copy of the medical physicist’s most recent equipment survey report.

(2) The department may waive the requirements of subrule (1) of this rule if the mammography machine is accredited, or is in the process of becoming accredited, by the American college of radiology. To have the requirements of subrule (1) of this rule waived, an applicant shall provide, to the department, within 45 days of the department's request, copies of the applicant's current accreditation application, current accreditationrelated correspondence to and from the American college of radiology, or current accreditation certificate that is issued by the American college of radiology.

(3) Failure of an applicant to submit the information required by the provisions of either subrule (1) or (2) of this rule within 45 days of the department's request may be considered a basis for withdrawal or denial of the mammography authorization, unless the time limit is extended by the department for cause.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5611 Contracts for technical evaluation {#sec-r-333.5611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5611}

Rule 611. (1) In evaluating clinical image quality and acceptability for mammography authorization, upon receipt of the information required in R 333.5610(1)(e), the department may enter into any necessary contracts with mammography experts, submit the images to those experts for technical evaluation, and rely upon their expert evaluation in arriving at a department conclusion regarding image quality and acceptability in terms of granting or not granting mammography authorization.

(2) Technical parameters that are used in evaluating clinical image quality and acceptability pursuant to subrule (1) of this rule shall include judgments of all of the following:

(a) Positioning.

(b) Compression.

(c) Radiation exposure and dose level.

(d) Sharpness.

(e) Contrast.

(f) Noise.

(g) Exam identification.

(h) Artifacts.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5612 Notice of change in application information; authorization not transferable {#sec-r-333.5612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5612}

Rule 612. (1) A facility that is authorized to perform mammography shall notify the department, in writing, of any change in the information contained in the application or supporting material upon which authorization was granted or any change that affects the accuracy of information which is provided or obtained during the application and evaluation process for authorization. Changes that shall be reported include changes in any of the following:

(a) Facility ownership.

(b) Facility location.

(c) Mammography machine.

(d) Image modality.

(e) American college of radiology accreditation status.

(2) Upon receipt of a notice of change, the department shall advise the facility if reapplication for mammography authorization, resubmittal of phantom or clinical images, or other actions are considered by the department to be necessary to establish that the facility, machine, system, and personnel remain in compliance with the requirements of these rules. Upon department request, a facility shall provide any requested information or materials within 45 days after the request is made.

(3) If changes in information are considered to require reapplication for mammography authorization, the application shall be filed and processed in the same manner as set forth in R 333.5607 and R 333.5608.

(4) Mammography authorization that is issued by the department is not transferable between machines or between persons who own or lease a radiation machine.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5613 Authorization withdrawal; reinstatement {#sec-r-333.5613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5613}

Rule 613. (1) Three-year mammography authorization is subject to continued compliance with this part and the provisions of these rules. Authorization may be withdrawn based on evidence of noncompliance with this part and the provisions of these rules pursuant to 1969 PA 306, MCL 24.201 to 24.328.

(2) If the department withdraws the mammography authorization of a machine, the machine shall not be used for mammography. An application for reinstatement of a mammography authorization shall be filed and processed in the same manner as an application for mammography authorization under R 333.5607 and R 333.5608.

(3) The department shall not issue a reinstated mammography authorization until the department receives the reinspection fee, inspects the machine, and determines that the facility meets the standards in R 333.5605.

PERSONNEL

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5626 Scope of personnel requirements {#sec-r-333.5626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5626}

Rule 626. The requirements of R 333.5627 to R 333.5634 apply to all personnel involved in any aspect of mammography, including but not limited to, the production, processing, and interpretation of mammograms and related quality assurance activities.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5627 Interpreting physician initial qualifications {#sec-r-333.5627 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5627}

Rule 627. Before beginning to interpret mammograms independently, an interpreting physician shall meet all of the following requirements:

(a) Be licensed as a physician or osteopathic physician under article 15 of the act to practice medicine.

(b) Meet either of the following requirements:

(i) Be certified in radiology or diagnostic radiology by the American board of radiology, the American osteopathic board of radiology, or the royal college of physicians and surgeons of Canada; have been eligible for certification in radiology or diagnostic radiology for not more than 2 years; or, be certified or determined to be qualified in radiology or diagnostic radiology by another professional organization determined by the department to have procedures and requirements adequate to ensure that physicians certified by the body are competent to interpret radiological procedures, including mammography.

(ii) If the physician has been eligible for certification in radiology or diagnostic radiology for less than 2 years, he or she shall have had at least 3 months of documented formal training in the interpretation of mammograms and in topics related to mammography. The training shall include instruction in radiation physics, including radiation physics specific to mammography, radiation effects, and radiation protection.

The mammographic interpretation component of the training shall be under the direct supervision of a physician who meets the requirements of this rule.

(c) Have a minimum of 60 hours of documented medical education in mammography, including instruction in the interpretation of mammograms and education in basic breast anatomy, pathology, physiology, technical aspects of mammography, and quality assurance and quality control in mammography. All 60 of these hours shall be category 1 and at least 15 of the category 1 hours shall have been acquired within the 3 years immediately before the date that the physician qualifies as an interpreting physician.

Hours spent in residency specifically devoted to mammography are considered as equivalent to category 1 credits and shall be accepted if documented in writing by the appropriate representative of the training institution. A physician who meets the board certification requirements of subdivision (b)(i) of this rule is deemed to have met this requirement.

(d) Have interpreted or multi-read at least 240 mammographic examinations within the 6-month period immediately before the date that the physician qualified as an interpreting physician. The interpretation or multi-reading shall be under the direct supervision of an interpreting physician. A physician who becomes appropriately board certified at the first allowable time, as defined by an eligible certifying body, shall have interpreted or multi-read at least 240 mammographic examinations under the direct supervision of an interpreting physician in any 6-month period during the last 2 years of a diagnostic radiology residency. A physician who was qualified to interpret mammograms before the effective date of this rule is considered to have met the requirements of this subdivision.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5628 Interpreting physician continuing experience and education {#sec-r-333.5628 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5628}

Rule 628. An interpreting physician shall maintain his or her qualifications by meeting the continuing experience and education requirements of 21 C.F.R. 900.12(a)(1)(ii), “Personnel – Interpreting physicians – Continuing experience and education” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5629 Interpreting physician reestablishment of qualifications {#sec-r-333.5629 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5629}

Rule 629. An interpreting physician who failed to maintain the required continuing experience or continuing education requirements of R 333.5628 shall reestablish his or her qualifications before resuming the independent interpretation of mammograms by meeting the reestablishing qualifications requirements of 21 C.F.R. 900.12(a)(1)(iv), “Personnel – Interpreting physicians – Reestablishing qualifications” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5630 Radiologic technologists {#sec-r-333.5630 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5630}

Rule 630. All mammographic examinations shall be performed by a radiologic technologist who meets the general requirements, mammography requirements, continuing education requirements, and continuing experience requirements of 21 C.F.R. 900.12(a)(2), “Radiologic technologists” (2000), with the exception of 21 C.F.R. 900.12(a)(2)(i)(A).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5634 Medical physicists {#sec-r-333.5634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5634}

Rule 634. A medical physicist who conducts surveys of mammography facilities and provides oversight of a facility’s quality assurance program shall meet the initial qualifications, continuing qualifications, and reestablishing qualification requirements of 21 C.F.R. 900.12(a)(3), “Medical physicists” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5635 Retention of personnel records {#sec-r-333.5635 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5635}

Rule 635. A mammography facility shall maintain records to document the qualifications of all personnel who work at the facility as interpreting physicians, radiologic technologists, or medical physicists. These records shall be made available for review during department inspections. Records of personnel no longer employed by the mammography facility shall be kept on file until the next inspection following the employee’s termination has been completed, and the department determines that the facility complies with the personnel requirements.

X-RAY EQUIPMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5637 X-ray equipment; requirements {#sec-r-333.5637 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5637}

Rule 637. (1) The mammographic x-ray equipment shall be maintained in compliance with the applicable regulations in 21 C.F.R. 1020.30, “Diagnostic x-ray systems and their major components” (2007), and 21 C.F.R. 1020.31, “Radiographic equipment” (2005).

(2) The mammography machine, x-ray film, intensifying screens, film processing solutions, film illumination, and film masking devices shall meet the requirements of 21 C.F.R. 900.12(b), “Equipment” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5655 Enclosure requirements; use of mobile equipment {#sec-r-333.5655 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5655}

Rule 655. (1) A fixed x-ray equipment enclosure shall meet the requirements of R 333.5331.

(2) For mammography, the operator's barrier shall provide radiation protection that is equivalent to not less than 0.5 millimeter of lead when the maximum tube potential is less than or equal to 35 kilovolts and 0.8 millimeter of lead when the maximum tube potential is greater than 35 kilovolts.

(3) An individual operating a mobile or portable mammography machine shall wear a protective apron of a minimum 0.5 millimeter lead equivalence unless shielding is provided as specified in subrule (2) of this rule.

(4) Mobile or portable mammography equipment used routinely in 1 location shall be considered a fixed installation and shall meet the requirements of R 333.5331.

(5) Mobile or portable mammography equipment shall not be used for routine mammography in hospitals or private offices of practitioners of the healing arts. This equipment shall be used only when it is medically inadvisable to move a patient to a fixed mammographic installation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5656 Conditions of operation {#sec-r-333.5656 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5656}

Rule 656. The operation of a mammography x-ray machine shall meet the requirements of R 333.5333.

MEDICAL RECORDS AND MAMMOGRAPHY REPORTS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5657 Medical records and mammography reports {#sec-r-333.5657 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5657}

Rule 657. A mammography facility shall comply with 21 C.F.R. 900.12(c), “Medical records and mammography reports” (2000), except that the reference to retention of records in 21 C.F.R. 900.12(c)(4)(i) is changed from “not less than 5 years” to “not less than 7 years” pursuant to MCL 333.20175.

QUALITY ASSURANCE

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5658 Quality assurance - general {#sec-r-333.5658 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5658}

Rule 658. A mammography facility shall comply with 21 C.F.R. 900.12(d), “Quality assurance general” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5667 Quality assurance – equipment {#sec-r-333.5667 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5667}

Rule 667. A mammography facility shall comply with 21 C.F.R. 900.12(e), “Quality assurance – equipment” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5668 Quality assurance - mammography medical outcomes audit; mammographic procedure and techniques for mammography of patients with breast implants; consumer complaint mechanism; clinical image quality {#sec-r-333.5668 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5668}

Rule 668. A mammography facility shall comply with 21 C.F.R. 900.12(f), “Quality assurance – mammography medical outcomes audit” (2000); 21 C.F.R. 900.12(g), “Mammographic procedure and techniques for mammography of patients with breast implants” (2000); 21 C.F.R. 900.12(h), “Consumer complaint mechanism” (2000) and 21 C.F.R. 900.12(i), “Clinical image quality” (2000).

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5669 Alternative requirements for personnel, x-ray equipment, medical records and mammography reports, and quality assurance {#sec-r-333.5669 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5669}

Rule 669. The department may accept alternatives to a quality standard under 21 C.F.R. 900.12 that have been approved by the U.S. food and drug administration under 21 C.F.R. 900.18, “Alternative requirements for § 900.12 quality standards”

(2000).

STEREOTACTIC BREAST BIOPSY

PERSONNEL

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5674 Radiologic technologists {#sec-r-333.5674 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5674}

Rule 674. All stereotactic breast biopsy procedures shall be performed by a radiologic technologist who meets all of the following requirements:

(a) Initial qualifications. Before beginning to perform stereotactic breast biopsy procedures independently, a technologist shall do all of the following:

(i) Meet the requirements of R 333.5630.

(ii) Have 3 hours of category A continuing education units in stereotactic breast biopsy.

(iii) Have performed 5 stereotactic breast biopsy procedures under supervision of a stereotactic breast biopsy physician or a qualified stereotactic breast biopsy technologist.

(b) Continuing experience. Following the second anniversary date of the end of the calendar quarter in which the initial qualifications of subdivision (a) of this rule were completed, the stereotactic breast biopsy technologist shall have performed at least 24 stereotactic breast biopsy procedures during the 24 months immediately preceding the date of the facility's annual inspection or the last day of the calendar quarter preceding the inspection or any date in between the 2. The facility shall choose 1 of these dates to determine the 24-month period.

(c) Continuing education. A technologist shall comply with the requirements of the American registry of radiologic technologists for continuing education for the imaging modality in which he or she performs services. The continuing education shall include credits pertinent to stereotactic breast biopsy.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5675 Medical physicists {#sec-r-333.5675 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5675}

Rule 675. A stereotactic breast biopsy medical physicist shall meet all of the following requirements:

(a) Initial qualifications. Before independently performing surveys of stereotactic breast biopsy facilities a medical physicist shall have complied with all of the following:

(i) Met the requirements of R 333.5634.

(ii) Have performed 1 hands-on stereotactic breast biopsy physics survey under a qualified stereotactic breast biopsy medical physicist or 3 independent stereotactic breast biopsy surveys before April 17, 2013.

(b) Continuing experience. Following the second anniversary date of the end of the calendar quarter in which the initial qualifications of subdivision (a) of this rule were completed, the stereotactic breast biopsy medical physicist shall have performed at least 2 stereotactic breast biopsy physics surveys during the 24 months immediately preceding the date of the facility's annual inspection or the last day of the calendar quarter preceding the inspection or any date in between the 2. The facility shall choose 1 of these dates to determine the 24-month period.

(c) Continuing education. Following the third anniversary date of the end of the calendar quarter in which the initial qualifications of subdivision (a) of this rule were completed, the stereotactic breast biopsy medical physicist shall have completed at least 3 continuing medical education credits in stereotactic breast biopsy during the 36 months immediately preceding the date of the facility's annual inspection or the last day of the calendar quarter preceding the inspection or any date in between the 2. The facility shall choose 1 of these dates to determine the 36-month period.

X-RAY EQUIPMENT

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5676 Equipment requirements {#sec-r-333.5676 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5676}

Rule 676. (1) The mammographic x-ray equipment shall be maintained in compliance with the applicable regulations in 21 C.F.R. 1020.30, “Diagnostic x-ray systems and their major components” (2007), and 21 C.F.R. 1020.31, “Radiographic equipment” (2005).

(2) A machine that is used for stereotactic breast biopsy shall be 1 of the following:

(a) A radiation machine that is specifically designed to perform stereotactic breast biopsy.

(b) A mammography machine with a specially designed add-on device for breast biopsy.

(c) A mammography machine that exclusively uses lateral arm devices if the needle can be seen in 2 ways in relation to the target lesion.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5677 Enclosures; use of mobile equipment {#sec-r-333.5677 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5677}

Rule 677. (1) A fixed x-ray equipment enclosure shall comply with R 333.5331.

(2) For stereotactic breast biopsy, the operator's barrier shall provide radiation protection that is equivalent to not less than 0.5 millimeter of lead when the maximum tube potential is less than or equal to 35 kilovolts and 0.8 millimeter of lead when the maximum tube potential is greater than 35 kilovolts.

(3) An individual operating mobile or portable stereotactic breast biopsy equipment shall wear a protective apron of a minimum 0.5 millimeter lead equivalence unless shielding is provided as specified in subrule (2) of this rule.

(4) Mobile or portable stereotactic breast biopsy equipment used routinely in 1 location shall be considered a fixed installation and shall comply with the requirements of R 333.5331.

(5) Mobile or portable stereotactic breast biopsy equipment shall not be used for routine mammography in hospitals or private offices of physicians or osteopathic physicians. This equipment shall be used only when it is medically inadvisable to move a patient to a fixed mammographic installation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5678 Conditions of operation {#sec-r-333.5678 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5678}

Rule 678. The operation of a mammography x-ray machine shall comply with R 333.5333.

MEDICAL RECORDS AND STEREOTACTIC BREAST BIOPSY REPORTS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5679 Report contents {#sec-r-333.5679 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5679}

Rule 679. A stereotactic breast biopsy facility shall prepare a written report of the results of each stereotactic breast biopsy procedure. The stereotactic breast biopsy report shall include all of the following information:

(a) The name of the patient and an additional unique patient identifier.

(b) The date of the procedure.

(c) The name of the stereotactic breast biopsy physician who conducted the procedure.

(d) The procedure performed.

(e) Designation of the left or right breast.

(f) Description and location of the lesion.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5681 Communication of stereotactic breast biopsy results to health care providers {#sec-r-333.5681 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5681}

Rule 681. When a patient has a referring health care provider or a patient has named a health care provider, the stereotactic breast biopsy facility shall provide a written report of the stereotactic breast biopsy procedure, including the items listed in R 333.5679, to that health care provider not later than 30 days after the date that the stereotactic breast biopsy procedure was performed.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5682 Record keeping {#sec-r-333.5682 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5682}

Rule 682. (1) A facility that performs stereotactic breast biopsy procedures shall comply with both of the following:

(a) Maintain stereotactic breast biopsy images and reports in a permanent medical record of the patient for a period of not less than 7 years, or not less than 10 years if no additional stereotactic breast biopsy procedures of the patient are performed at the facility.

(b) Upon request by, or on behalf of, a patient, permanently or temporarily transfer the original stereotactic breast biopsy images and copies of the patient's reports to any of the following:

(i) A medical institution.

(ii) A patient’s physician.

(iii) The patient directly.

(2) Any fee a facility charges a patient for providing the services specified in subrule (1)(b) of this rule shall not exceed the documented costs associated with this service.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5683 Stereotactic breast biopsy image identification {#sec-r-333.5683 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5683}

Rule 683. A stereotactic breast biopsy image shall have the following information indicated on it in a permanent, legible, and unambiguous manner and placed so as not to obscure anatomic structures:

(a) Name of patient and an additional unique patient identifier.

(b) Date of the procedure.

(c) Designation of left or right breast.

(d) Cassette identification, if applicable.

(e) Stereotactic breast biopsy unit identification if there is more than 1 unit in the facility.

QUALITY ASSURANCE

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5684 Quality assurance – general {#sec-r-333.5684 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5684}

Rule 684. A stereotactic breast biopsy facility shall establish and maintain a quality assurance program to ensure the safety, reliability, clarity, and accuracy of stereotactic breast biopsy services performed at the facility.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5685 Responsible individuals {#sec-r-333.5685 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5685}

Rule 685. Responsibility for the quality assurance program and for each of its elements shall be assigned to the following individuals who are qualified for their assignments:

(a) Lead stereotactic breast biopsy physician. The facility shall identify a lead stereotactic breast biopsy physician who shall be responsible for ensuring that the quality assurance program meets all requirements of R 333.5684 to R 333.5697. No other individual shall be assigned or shall retain responsibility for quality assurance tasks unless the lead stereotactic breast biopsy physician has determined that the individual is qualified to perform the assignment.

(b) Stereotactic breast biopsy physicians. All stereotactic breast biopsy physicians conducting stereotactic breast biopsy procedures for the facility shall follow the facility’s procedures for corrective action when the images they are asked to interpret are of poor quality.

(c) Medical physicist. The facility shall have the services of a medical physicist available to survey stereotactic breast biopsy equipment and oversee the equipmentrelated quality assurance practices of the facility. The medical physicist shall be responsible for performing the surveys and stereotactic breast biopsy equipment evaluations and providing the facility with the reports described in R 333.5693 and R 333.5694.

(d) Quality control technologist. Responsibility for tasks within the quality assurance program not assigned to the lead stereotactic breast biopsy physician or the medical physicist shall be assigned to a quality control technologist. The tasks are to be performed by the quality control technologist, but may be delegated to other qualified personnel by the quality control technologist. When other personnel are utilized for these tasks, the quality control technologist shall ensure that they were completed in compliance with R 333.5687.

Editor's Note: An obvious error in R 325.5685 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5686 Quality assurance records {#sec-r-333.5686 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5686}

Rule 686. (1) The lead stereotactic breast biopsy physician, quality control technologist, and medical physicist shall ensure that records concerning the following items are properly maintained and updated:

(a) Stereotactic breast biopsy techniques and procedures.

(b) Quality control, including monitoring data and corrective actions taken.

(c) Safety.

(d) Employee qualifications to meet assigned quality assurance tasks.

(2) The quality assurance records specified in subrule (1) of this rule shall be kept for each test specified in R 333.5684 to R 333.5697 until the next annual inspection has been completed and the department has determined that the facility is in compliance with the quality assurance requirements, or until the test has been performed 2 additional times at the required frequency, whichever is longer.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5687 Radiologic technologist quality control tests {#sec-r-333.5687 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5687}

Rule 687. A stereotactic breast biopsy facility shall have a radiologic technologist perform the following quality control tests at the intervals specified in this rule:

(a) A localization accuracy test shall be performed daily before the equipment is used on patients. Each of the indicated needle tip coordinates shall be within 1 millimeter of the actual preset needle tip location.

(b) A phantom image evaluation shall be performed at least weekly. The phantom image shall achieve at least the minimum score established in R 333.5689.

(c) A hard copy output quality test shall be performed at least monthly, if hard copies are produced from digital data.

(d) A compression test shall be performed at least semiannually. The maximum compression force for the power drive mode shall be between 25 pounds and 45 pounds.

(e) A repeat analysis shall be performed at least semiannually. If the overall repeat or reject rate exceeds 20% based on an image volume of not less than 150 patients, the reason for the change shall be determined. A repeat analysis shall be assessed semiannually even if fewer than 150 patients are examined during that period.

(f) If stereotactic breast biopsy is performed using a screen-film system, the following tests shall be required:

(i) A processor quality control test shall be performed at least daily. Film processors used to develop stereotactic breast biopsy films shall be adjusted and maintained to meet the technical development specifications for the mammography film in use. A processor performance test shall be performed at the beginning of each operational day before processing any clinical images. The test shall use the mammography film used clinically at the facility and shall include an assessment of base plus fog density, mid-density, and density difference as follows:

(A) The base plus fog density shall be within 0.03 of the established operating level.

(B) The mid-density shall be within plus or minus 0.15 of the established operating level.

(C) The density difference shall be within plus or minus 0.15 of the established operating level.

(ii) An analysis of fixer retention in film assessed at least quarterly. The residual fixer shall be not more than 5 micrograms per square centimeter.

(iii) A screen-film contact test shall be performed at least semiannually. Testing for screen-film contact shall be conducted using 40 mesh copper screen. All cassettes used in the facility for stereotactic breast biopsy shall be tested.

(iv) A test of darkroom fog shall be performed at least semiannually. The optical density attributable to darkroom fog shall not exceed 0.05 when a mammography film of the type used in the facility, which has a mid-density of not less than 1.2 optical density, is exposed to typical darkroom conditions for 2 minutes while the film is placed on the counter top emulsion side up.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5688 Annual medical physicist’s quality control tests {#sec-r-333.5688 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5688}

Rule 688. Before the radiation machine is used on patients and at least annually thereafter, a stereotactic breast biopsy facility shall have the medical physicist perform all of the following quality control tests:

(a) Collimation assessment that meets either of the following:

(i) For screen-film systems, the x-ray field shall be contained within the image receptor on all 3 sides except the chest wall edge. The x-ray field shall not extend beyond the chest wall edge of the image receptor by more than 2% of the source-image receptor distance.

(ii) For digital image receptors, the x-ray field may extend beyond the edge of the image receptor on all 4 sides, but no edge of the x-ray field shall extend beyond the image receptor by more than 5 millimeters on any side. Distances shall be measured in, or referred to, the plane of the digital image receptor.

(b) Focal spot performance and system limiting spatial resolution. Assess consistency of system-limiting resolution over time and in comparison to acceptance testing results using a line pair test pattern.

(c) Peak tube potential (kVp) accuracy and reproducibility. The tube potential shall be accurate to within 5% of the indicated or selected potential. The coefficient of variation of reproducibility of the potential shall be less than or equal to 0.02 at the most commonly used clinical settings.

(d) Beam quality assessment. The half-value layer shall be greater than or equal to the value kVp/100 in units of millimeter of aluminum.

(e) Automatic exposure control system or manual exposure performance assessment that meets either of the following:

(i) For screen-film systems, the image optical density shall be within 0.15 of the mean optical density when thicknesses of a homogeneous material is varied over a range of 4 to 8 centimeters using the clinical techniques for each thickness. If the optical densities do not meet this criterion, the medical physicist shall develop a technique chart which meets this criterion.

(ii) For digital systems, the signal value at the center of the digital field of view shall remain within 20% of the signal obtained for the 4 centimeter phantom when thicknesses of a homogeneous material is varied over a range of 4 to 8 centimeters using the clinical techniques for each thickness. If the signal values do not meet this criterion, the medical physicist shall develop a technique chart which meets this criterion.

(f) Image receptor speed uniformity that meets 1 of the following:

(i) For screen-film systems, the difference between the maximum and minimum optical densities of all the cassettes in the facility shall not exceed 0.30.

(ii) For digital systems, the signal-to-noise ratios (SNR) measured in each corner of the image shall be within 15% of the SNR measured at the center of the field of view.

(iii) For digital systems that are not equipped with region of interest signal measurements, the machine shall meet the receptor uniformity requirements specified by the manufacturer.

(g) Breast entrance exposure, average glandular dose, and exposure reproducibility.

The coefficient of variation for both air kerma and current-time product (mAs) shall not exceed 0.05. The average glandular dose delivered during a single exposure of a department-approved phantom simulating a standard breast shall not exceed 3.0 milligrays (300 millirads) per exposure. The dose shall be determined with technique factors and conditions used clinically for a standard breast.

(h) Image quality evaluation. An image of a department-approved phantom shall achieve at least the minimum score established in R 333.5689.

(i) Artifact evaluation. System artifacts shall be evaluated with a high-grade, defectfree sheet of homogeneous material large enough to cover the full area of the exposed image receptor on the breast support assembly.

(j) Localization accuracy test. Using a phantom made of gelatin or similar material, the biopsy needle shall capture the intended object in the phantom.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5689 Phantom image scores {#sec-r-333.5689 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5689}

Rule 689. A stereotactic breast biopsy phantom image score for the tests required in R 333.5687(b) and R 333.5688(h) shall be not less than the values specified in table 689:

TABLE 689

Image System Standard Mammography Phantom Mini Stereotactic Phantom Fibers Speck Groups Masses Fibers Speck Groups Masses Screen-film 4.0 3.0 3.0 2.0 2.0 2.0 Digital 5.0 4.0 3.5 3.0 3.0 2.5

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5690 Dosimetry {#sec-r-333.5690 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5690}

Rule 690. The average glandular dose delivered during a single exposure of a department-approved phantom simulating a standard breast shall not exceed 3.0 milligrays (300 millirads) per exposure. The dose shall be determined with technique factors and conditions used clinically for a standard breast.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5691 Quality assurance for mobile units {#sec-r-333.5691 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5691}

Rule 691. A stereotactic breast biopsy facility shall verify that mammography units used to produce interventional mammograms at more than 1 location meet the requirements in R 333.5687 to R 333.5690. At each examination location and before any examinations are conducted, the facility shall verify satisfactory performance of these units by using a test method that establishes the adequacy of the image quality produced by the unit.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5692 Use of quality assurance test results {#sec-r-333.5692 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5692}

Rule 692. (1) After completion of tests specified in R 333.5687 to R 333.5691, the facility shall compare the test results to the corresponding specified action limits or the limits established by the facility to verify the image quality of mobile units following a move.

(2) If the test results fall outside of the action limits, the source of the problem shall be identified and corrective actions shall be taken within the following time frames:

(a) Before any further examinations are performed or any films are processed using a component of the mammography system that failed any of the tests described in R 333.5687(a),(b),(d),(f)(i), (f)(iii), (f)(iv); R 333.5688(g) and (h); or R 333.5691.

(b) Within 30 days of the test date for all other tests described in R 333.5687 to R 333.5691.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5693 Medical physicist surveys {#sec-r-333.5693 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5693}

Rule 693. (1) A stereotactic breast biopsy facility shall annually undergo a survey by a medical physicist or by an individual under the direct supervision of a medical physicist. The survey shall include, at a minimum, the performance of tests to ensure that the facility meets the quality assurance requirements of the annual tests described in R 333.5688 and the weekly phantom image quality test as provided in R 333.5687(b).

(2) The results of all tests conducted by the facility pursuant to R 333.5687 to R 333.5691 and written documentation of any corrective actions taken and their results shall be evaluated for adequacy by the medical physicist performing the survey.

(3) The medical physicist shall prepare a survey report that includes a summary of this review and recommendations for necessary improvements.

(4) The survey report shall be provided to the facility within 30 days of the date of the survey.

(5) The survey report shall be dated and signed by the medical physicist who performed or supervised the survey. If the survey was performed entirely or in part by an individual under the direct supervision of the medical physicist, that individual and the part of the survey that individual performed shall be identified in the survey report.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5694 Mammography equipment evaluations {#sec-r-333.5694 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5694}

Rule 694. (1) Additional evaluations of stereotactic breast biopsy units or image processors shall be conducted when a new unit or processor is installed, a unit or processor is disassembled and reassembled at the same or a new location, or major components of a stereotactic breast biopsy unit or processor equipment are changed or repaired. These evaluations shall be used to determine whether the new or changed equipment meets the requirements of R 333.5676 to R 333.5678 and R 333.5687 to R 333.5691, as applicable. Problems revealed by the evaluation shall be corrected before the new or changed equipment is put into service for procedures or film processing.

(2) The equipment evaluations specified in subrule (1) of this rule shall be performed by a medical physicist or by an individual under the direct supervision of a medical physicist.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5695 Cleanliness in facilities using screen-film systems {#sec-r-333.5695 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5695}

Rule 695. (1) A stereotactic breast biopsy facility shall establish and implement protocols for maintaining darkroom, screen, and view box cleanliness.

(2) The facility shall document that all cleaning procedures are performed at the frequencies specified in the protocols.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5696 Calibration of air kerma measuring instruments {#sec-r-333.5696 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5696}

Rule 696. Instruments used by a medical physicist in his or her annual survey to measure the air kerma or air kerma rate from a stereotactic breast biopsy unit shall be calibrated once every 2 years and each time the instrument is repaired. The instrument calibration shall be traceable to a national standard and calibrated with an accuracy of plus or minus 6% (95% confidence level) in the mammography energy range.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5697 Infection control {#sec-r-333.5697 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5697}

Rule 697. A stereotactic breast biopsy facility shall establish and comply with procedures to be followed for cleaning and disinfecting stereotactic breast biopsy equipment after contact with blood or other potentially infectious materials. The procedures shall include methods for documenting facility compliance with the infection control procedures.

PART 15. COMPUTED TOMOGRAPHY INSTALLATIONS

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5701 Purpose and scope {#sec-r-333.5701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5701}

Rule 701. (1) This part establishes requirements governing the use of computed tomography (CT) scanners by, or on behalf of, a health practitioner licensed under article 15 of the act.

(2) This part applies to all registrants who use a CT scanner for the intentional exposure of humans for diagnostic imaging.

(3) A CT scanner is exempt from this part if the scanner meets 1 of the following:

(a) Generates a peak power of 5 kilowatts or less as certified by the manufacturer.

(b) Is used only for attenuation corrections and anatomical markers as part of a positron emission tomography (PET/CT) or single photon emission computed tomography (SPECT/CT) study.

(c) Is used as a simulator solely for treatment planning purposes in conjunction with a megavoltage radiation therapy unit.

(d) Is used solely for intra-operative guidance tomography.

(4) In addition to the requirements of this part, all registrants are subject to applicable parts of these rules and the certificate of need review standards for computed tomography scanner services.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5703 Definitions {#sec-r-333.5703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5703}

Rule 703. (1) As used in this part the definitions in 21 C.F.R. 1020.33, “Computed tomography (CT) equipment” (June 10, 2005), are adopted by reference. Copies of these regulations are available for no cost from either of the following sources:

(a) The website of the Michigan department of licensing and regulatory affairs, radiation safety section at http://www.michigan.gov/rss.

(b) The website of the United States department of health & human services, U.S. food and drug administration at http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm.

(2) As used in this part the following definitions apply:

(a) "Computed tomography (CT)" means the production of a tomogram by the acquisition and computer processing of x-ray transmission data. Computed tomography includes the capability of producing axial tomograms.

(b) "CT medical event" means an unintended event where a physician determines that actual damage has occurred to an organ or a physiological system of an individual due to or suspected to be due to exposure to diagnostic radiation from a CT scanner.

(c) "CT scanner" means a CT machine capable of performing CT scans of the head, other body parts, or full body patient procedures including PET/CT and SPECT/CT scanner hybrids if used for CT only procedures.

(d) "Medical physicist" means an individual trained in evaluating the performance of CT scanners, related equipment, and facility quality assurance programs and who meets the requirements in R 333.5707.

(e) "Positron emission tomography (PET)" means an imaging technique that uses positron-emitting radionuclides to produce 3-dimensional images of functional processes in the body.

(f) "Radiologic technologist" means an individual specifically trained in the use of radiographic equipment and the positioning of patients for radiographic examinations and who meets the requirements in R 333.5705.

(g) "Single photon emission computed tomography (SPECT)" means an imaging technique that uses radionuclides to produce 3-dimentional images of functional processes in the body.

(h) "Tomogram" means the depiction of the attenuation properties of a section through a body.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5705 CT operators {#sec-r-333.5705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5705}

Rule 705. All CT examinations shall be performed by a radiologic technologist who meets all of the following requirements or by a physician or osteopathic physician licensed under article 15 of the act.

(a) Initial qualifications. Before beginning to perform CT examinations independently, a technologist shall meet both of the following:

(i) Be currently registered by the American registry of radiologic technologists (ARRT), the Canadian association of medical radiation technologists (CAMRT), or the Nuclear Medicine Technology Certification Board (NMTCB).

(ii) Document at least 20 hours of training and experience in operating CT equipment, radiation physics, and radiation protection or have the advanced certification in computed tomography from the ARRT.

(b) Continuing education. A technologist shall be in compliance with the ARRT requirements for continuing education for the imaging modality in which he or she performs services. The continuing education shall include credits pertinent to CT.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5707 Medical physicist {#sec-r-333.5707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5707}

Rule 707. A registrant with 1 or more CT scanners shall employ or contract with a medical physicist to review the quality and safety of the operation of the CT scanner.

The medical physicist shall meet all of the following:

(a) Initial qualifications. Before beginning to independently provide consultation to a CT facility, a medical physicist shall meet 1 of the following:

(i) Be certified in diagnostic radiological physics or radiological physics by the American board of radiology, or in diagnostic imaging physics by the American board of medical physics, or in diagnostic radiology physics by the Canadian college of physicists in medicine.

(ii) Have a graduate degree in medical physics, radiological physics, physics, or other relevant physical science or engineering discipline from an accredited institution and have formal coursework in the biological sciences with at least 1 course in biology or radiation biology and 1 course in anatomy, physiology, or similar topics related to the practice of medical physics, and have 3 years of documented experience in a clinical CT environment. An accredited institution is a college or university accredited by a regional accrediting organization that has been recognized either by the U.S. department of education (USDE) or by the council for higher education accreditation (CHEA) or both.

Individuals with non-U.S. degrees shall provide documentation that their foreign degrees are equivalent to those granted from an approved institution in the U.S. and that the granting institution is equivalent to a regionally accredited institution in the U.S.

(b) Continuing experience. Within 24 months following the date when the requirements of subdivision (a) of this rule were completed, the medical physicist shall have evaluated at least 2 CT scanners in the prior 24-month period.

(c) Continuing education. Within 36 months following the date when the requirements of subdivision (a) of this rule were completed, the medical physicist shall have earned at least 15 continuing medical education units, at least half shall be category 1, in the prior 36-month period. The continuing education shall include credits pertinent to CT.

(d) Reestablishing qualifications. A medical physicist who fails to maintain the required continuing experience or continuing education requirements shall reestablish his or her qualifications before resuming the independent evaluation of CT scanners and facilities, as follows:

(i) A medical physicist who fails to meet the continuing experience requirements of subdivision (b) of this rule shall evaluate a sufficient number of CT scanners, under the supervision of a medical physicist, to meet the requirements of subdivision (b) of this rule.

(ii) A medical physicist who fails to meet the continuing education requirements of subdivision (c) of this rule shall obtain a sufficient number of additional continuing education credits to meet the requirements of subdivision (c) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5709 Equipment requirements {#sec-r-333.5709 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5709}

Rule 709. (1) The regulations in 21 C.F.R. 1020.33(c), (d), (f), (g), (h), (i), and (j), “Computed tomography (CT) equipment” (June 10, 2005), are adopted by reference.

Copies of these regulations are available for no cost from either of the following sources:

(a) The website of the Michigan department of licensing and regulatory affairs, radiation safety section at http://www.michigan.gov/rss.

(b) The website of the United States department of health & human services, U.S. food and drug administration at http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm.

(2) CT equipment shall be maintained in compliance with the requirements of subrule (1) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5711 Enclosures {#sec-r-333.5711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5711}

Rule 711. (1) A fixed CT scanner enclosure shall be a permanent part of the building or equipment. Portable shields shall not be used for permanent installations.

(2) The degree of protection required for a CT scanner enclosure shall be determined by the workload, use and occupancy factors, and the tube potential, tube current, mechanical movement, and distance. The design shall be subject to approval by the department.

(3) Protective barriers shall be provided in the ceiling, floor, and walls of a fixed CT scanner enclosure.

(4) The control panel for a fixed CT scanner shall be shielded by a protective barrier which cannot be removed from a protective position between the operator and the radiation source during machine operation.

(5) Movable barriers with electrical interlocks shall not be approved in place of compliance with subrule (4) of this rule.

(6) The operator of a fixed CT scanner shall be able to see and communicate with the patient from a shielded position at the control panel. When an observation window is provided, it shall have a lead equivalence at least equal to that required of the control barrier in which it is installed.

(7) Mobile or portable CT scanners used routinely in 1 location shall be considered a fixed installation and shall meet the requirements of subrules (1) to (6) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5713 Conditions of operation {#sec-r-333.5713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5713}

Rule 713. (1) The CT facility shall establish scanning protocols in consultation with the medical physicist.

(2) The CT operator shall check the display panel before and after performing each scan to make sure the amount of radiation delivered is appropriate for the technique and individual patient. This may be accomplished by reviewing dose indicator devices, if available, or dose indices such as the technique factors. Dose indicators or indices outside of expected values shall be documented and reviewed by an interpreting physician or medical physicist.

(3) A fixed CT scanner shall be operated from a shielded position behind a protective barrier pursuant to R 333.5711(4).

(4) Staff personnel routinely working with or around radiation sources shall not be required by the registrant to restrain patients during CT examinations. If the procedure is permitted personnel exposure shall not exceed the limits in R 333.5057 to R 333.5059 or the procedure is prohibited.

(5) When a patient must be held in position for CT, mechanical supporting or restraining devices shall be used unless contraindicated. If the patient is held by an individual, this individual shall wear protective gloves and a protective apron of 0.5 millimeter minimum lead equivalence and be so positioned that no part of his or her body is struck by the useful beam and that his or her body is as far as possible from the edge of the useful beam.

(6) Only individuals whose presence is necessary are allowed in a fixed CT scanner room during exposure. Each individual, except the patient, shall be protected by at least 0.5 millimeter lead equivalent aprons or a whole body protective barrier.

(7) Personnel monitoring is required in controlled areas for each individual occupationally exposed to ionizing radiation from CT scanner equipment. Individual monitoring devices shall be permanently assigned to each occupationally exposed individual. Monitoring shall be continuous during employment as a radiation worker.

(8) Personnel exposure records shall be kept on permanent available file at the facility where the exposure occurs.

(9) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. Monitoring of all other body parts shall meet the requirements of R 333.5065.

(10) Monitoring devices worn to estimate personnel occupational exposure shall not be worn by the individual when he or she is exposed as a patient for a medical or dental reason.

(11) A CT scanner shall not be left unattended without locking the apparatus, room, or building in some manner which prevents use of the apparatus by unauthorized persons.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5715 Report and notification of CT medical event {#sec-r-333.5715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5715}

Rule 715. (1) A CT facility shall report all CT medical events.

(2) The registrant shall submit a written report to the department within 15 days after a physician of the CT facility discovers the CT medical event or within 15 days after the CT facility is notified of the CT medical event by another physician, whichever comes first.

(3) The written report shall include all of the following:

(a) The registrant’s name, address, facility registration number, and machine registration tag number as they appear on the registration certificate.

(b) The name of the physician who determined a CT medical event occurred.

(c) The dates of occurrence and discovery of the CT medical event.

(d) A narrative description of the CT medical event.

(e) The cause of the CT medical event.

(f) The effect on the individual who received the exposure.

(g) A narrative detailing corrective action taken or planned to prevent a recurrence.

(h) Certification that the registrant notified the individual or the individual’s responsible relative or guardian and, if not, why not.

(i) The name and signature of the person preparing the report.

(4) The report shall not contain the name of the individual who is the subject of the CT medical event or any other information that could lead to identification of the individual.

(5) The registrant shall provide notification of the CT medical event to the referring physician and shall notify the individual who is the subject of the CT medical event not later than 1 week after its discovery, unless the referring physician personally informs the registrant that he or she will inform the individual or that, based on medical judgment, telling the individual would be harmful. The notification of the individual who is the subject of the CT medical event may be made instead to that individual’s responsible relative or guardian. The registrant is not required to notify the individual without first consulting the referring physician. If the referring physician or the affected individual cannot be reached within 1 week, the registrant shall notify the individual as soon as possible thereafter. The registrant shall not delay appropriate medical care for the individual, including all necessary remedial care as a result of the CT medical event, because of a delay in notification. If a verbal notification is made, the registrant shall inform the individual or appropriate responsible relative or guardian that a written description of the CT medical event can be obtained from the registrant upon request.

The registrant shall provide a written description if requested.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5717 Quality control program {#sec-r-333.5717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5717}

Rule 717. (1) A CT facility shall establish and implement a quality control program under the supervision of the medical physicist. The documented program shall include evaluation of all of the following:

(a) Image quality.

(b) Patient radiation dose.

(c) Personnel radiation protection.

(d) Compliance with the provisions of this part.

(e) Ongoing quality control.

(2) Evaluations and tests shall be performed following written procedures and methods. Corrective action shall be taken and documented according to instructions provided by the medical physicist if the results of an evaluation or test fall outside the control limits.

(3) The medical physicist shall determine the frequency of each test and who may perform the test. An on-site CT radiologic technologist shall be identified to be responsible for the ongoing quality control testing. The tests shall be performed by this technologist or by other personnel qualified by training and experience following written procedures and methods under subrule (2) of this rule.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5719 Initial and annual medical physicist performance evaluations {#sec-r-333.5719 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5719}

Rule 719. (1) A medical physicist shall complete an initial performance evaluation of the CT scanner before use on human patients and annually thereafter.

(2) A calibrated dosimetry system shall be used to measure the radiation output of a CT scanner. Calibration of the dosimetry system shall be within the preceding 24 months and shall be traceable to a national standard as specified in R 333.5012(1).

(3) A performance evaluation should include the following:

(a) Alignment light accuracy.

(b) Alignment of table to gantry.

(c) Table and gantry tilt.

(d) Slice localization from scanned projection radiograph.

(e) Table increment accuracy.

(f) Slice thickness.

(g) Image quality, including the following:

(i) High-contrast resolution.

(ii) Low-contrast resolution.

(iii) Image uniformity.

(iv) Noise.

(v) Artifact evaluation.

(h) CT number accuracy and linearity.

(i) Dosimetry, including the following:

(i) Dose indicator such as computed tomography dose index (CTDI).

(ii) Patient radiation dose for representative examinations.

(j) Safety evaluation, including the following:

(i) Visual inspection.

(ii) Audible and visual signals.

(iii) Posting requirements.

(iv) Scattered radiation measurements.

(k) Review of the ongoing quality control program, including test results and corrective action.

(4) The medical physicist shall prepare a report that includes all of the following:

(a) A summary of the performance evaluation required under subrule (1) of this rule.

(b) Recommendations for necessary improvements.

(c) Type of dosimetry system used, including the date of the last calibration.

(5) The report required under subrule (4) of this rule shall be provided to the CT facility within 30 days after completion of the evaluation.

History

• History: 2016 AACS.

Mich. Admin. Code R 333.5721 Records and report retention {#sec-r-333.5721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 333.5721}

Rule 721. A CT facility shall maintain records and reports on file and shall make the records and reports available for review by the department as follows:

(a) Records of personnel no longer employed by the CT facility shall be kept on file until the next inspection following the employee’s termination has been completed and the department has determined that the facility is in compliance with the CT personnel requirements.

(b) A report of a CT medical event required under R 333.5715 shall be maintained on file for at least 7 years.

(c) Initial and annual medical physicist performance evaluation reports required under R 333.5719(4) shall be maintained on file for at least 5 years.

(d) Records of the results from the ongoing quality control evaluation required under R 333.5717 shall be maintained on file for at least 2 years.

History

• History: 2016 AACS.

Bureau of Services for Blind Persons Bureau of Services for Blind Persons

R 393.1 to R 393.199 Vending Facility Program Rules

Mich. Admin. Code R 393.1 Definitions {#sec-r-393.1 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.1}

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

COMMISSION FOR THE BLIND

VENDING FACILITY PROGRAM

(By authority conferred on the director of the department of labor and economic growth by sections 1, 5, and 16 of 1978 PA 260 and Executive Order Nos. 1996-2 and 2003-18, being §393.351, 393.355, 393.366, 445.2001, and 445.2011 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Academic period" means a semester, trimester, quarter, or other college or university unit of study.

(b) "Act" means 1978 PA 260, as amended, being MCL 393.351.

(c) "Active participation" means the process whereby the elected operators' committee and its subcommittees, the commission board, and commission staff cooperate in the development and implementation of major administrative decisions and policy as well as program development, as prescribed in the Randolph Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq. and the act.

(d) "Administrator" means the program administrator of the business enterprise program.

(e) "Bid" means the process whereby a licensee or a potential licensee records on the business enterprise program telephone system his or her desire to transfer to, or begin operation of, an available location.

(f) "Bid line" means a telephone line that contains a recorded message of all locations which are available during an identified time frame.

(g) "Cafeteria" means a food dispensing facility capable of providing a broad variety of prepared foods and beverages, including hot meals, primarily through the use of a line where the customer serves himself or herself from displayed selections. A cafeteria may be fully automatic or may have limited table service. Table or booth seating facilities are always provided.

(h) "Combined cafeteria/snack bar" means a facility that combines the features of a cafeteria with the features of a snack bar.

(i) "Commission" means the Michigan commission for the blind.

(j) "Commission board" means the policy-setting body for the Michigan commission for the blind.

(k) "Committee" means a group of members which is elected to represent all vending facility operators and which is created under R 393.53.

(l) "Dry stand" means a vending facility that does not sell liquids.

(m) "Federal properties" means a building, land, or other real property owned, leased, or occupied by a department, agency, or instrumentality of the United States, including the department of defense and the United States postal service, or an instrumentality wholly owned by the United States.

(n) "Hearings office" means the office within the department charged with the responsibility of conducting fair and impartial hearings.

(o) "Hearings officer" means a person designated to conduct hearings and issue proposed decisions on behalf of the commission pursuant to 1969 PA 306, MCL 24.201.

(p) "Highway vending" means a vending facility that consists of 1 or more state of Michigan highway rest areas or welcome centers.

(q) "Initial merchandise inventory" means merchandise necessary for establishing a licensee in a vending facility, and shall include bill changer change and coin mechanism change.

(r) "License" means a written instrument that the commission issues to a blind person that authorizes the person to operate a vending facility on federal, state, or other property.

(s) "Licensee" means a blind person who the commission licenses to operate an assigned vending facility.

(t) "Management services and supervision" means and includes inspection, quality control, consultation, accounting, regulating, in service training, and related services provided on a systematic basis provided to support and improve Randolph-Sheppard small business enterprises operated by blind individuals. "Management services and supervision" does not include routine services or costs that pertain to the ongoing operation of an individual facility after the initial establishment period.

(u) "Mandated" facility means a facility in which blind persons are granted priority to operate concessions under the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq. and the act.

(v) "Net proceeds" means the amount remaining from the sale of articles or services of vending facilities and any vending machine or other income accruing to operators after deducting the cost of the sale and other expenses and excluding set aside charges required to be paid by operators.

(w) "Net profit" is the gross income to the operator before personal income tax.

(x) "Operating costs" means the cost of all of the following:

(i) Products sold.

(ii) Employees' wages, taxes, and compensation.

(iii) An operator's portion of repair.

(iv) Sales taxes.

(v) Operating insurance.

(vi) Supplies.

(vii) Business telephone charges directly related to the vending facility.

(viii) The renting or leasing of commission-approved equipment or space, which may include utilities.

(ix) Actual vehicle mileage or actual vehicle expenses, documented in a log for that purpose, which are directly related to the operation of the vending stand facility, which are deemed necessary for the location, and which are identified in the agreement, and parking and tolls directly related to the operation of the vending stand facility. The expenses shall be documented by adequate records or evidence. The rate of reimbursement shall be established by the commission board with the active participation of the committee. Vehicle mileage between the licensee's home and the vending facility is not an operating expense.

(x) Dues for professional and trade organizations.

(y) "Other property" means property which is not required by state or federal law to house a vending stand facility and which is property on which vending facilities are established or operated through the use of any funds derived, in whole or in part, directly or indirectly, from the operation of any mandated vending facility.

(z) "Permit" means the official approval or authority which is given to the commission by a department, agency, or instrumentality that is in control of the maintenance, operation, and protection of federal property or by a person who is in control of other property and which authorizes the commission to establish a vending facility.

(aa) "Program" means all the activities of the commission related to business enterprise program vending facilities on federal, state, and other properties.

(bb) "Promotional agent" means the commission employee occupying the Michigan department of civil service position that performs the duties described in R 393.21.

(cc) "Satellite" means a site that is added to a licensee's primary vending facility to assist the profitability of the primary vending facility. A satellite is not profitable enough to meet the current requirements for a self-supporting facility.

(dd) "Self-employment" means an occupation where an individual does not receive a W-2 form and is required to file an internal revenue service schedule "C"

(sole proprietorship form).

(ee) "Set-aside funds" means funds that accrue to the commission from an assessment against the net proceeds of each vending facility in the state's program.

(ff) "Snack bar" means a vending facility that is engaged in selling limited lines of refreshment and derives more than 5% of its gross sales from the sale of coffee or other beverages. A snack bar may sell prepared food items necessary for a light meal service such as soups, salads, and sandwiches. Food may be prepared off the premises.

A snack bar may have no or limited on-site food preparation.

(gg) "Stand type" means any of the following types of vending facility:

(i) Dry stand.

(ii) Snack bar.

(iii) Vending machine.

(iv) Cafeteria.

(v) Combined cafeteria/snack bar.

(vi) Vending machine route.

(vii) Highway vending.

(hh) "State property" means a business enterprise program facility in a building or on a property owned or occupied by the state, except for a concession operated in connection with any of the following:

(i) The state fair.

(ii) The use of state fair grounds.

(iii) Any state educational institution.

(iv) A state penal institution.

(v) Military establishments and armories.

(vi) A state park.

(ii) "Unassigned vending machine income" means the funds that accrue from vending machines on federal, state, and other properties, for which there is no blind licensee and which accrues to the commission.

(jj) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, catering, coffee service, shelter, counter or any other appropriate auxiliary service or equipment as the commission may prescribe by rule as being necessary for the sale of articles or services described in 1978 PA 260, as amended, being §393.351 et seq of the Michigan Compiled Laws and which may be operated by a blind licensee.

(kk) "Vending machine route" means a vending facility that consists of vending machines situated in disparate physical locations. None of the vending machine route component parts can function as a vending facility.

(ll) "Vending machine facility" means a vending facility that has a majority of its sales generated from coin or currency-operated machines that dispense articles or services.

(2) A term defined in the act has the same meaning when used in these rules.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.2 Program administration {#sec-r-393.2 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.2}

Rule 2. The commission, with the active participation of the committee, shall administer a vending facility program for the blind on federal, state, and other properties.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.3 Program eligibility {#sec-r-393.3 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.3}

Rule 3. (1) A blind individual is eligible for the vending facility program and is eligible for program training and assignments if any of the following provisions apply:

(a) The person is unemployed.

(b) The person is earning a weekly wage less than or equal to 40 hours times the current federal minimum wage.

(c) The person is employed in a program vending facility.

(d) The person is an active rehabilitation client whose vocational objective is placement in the program, whose name is placed on the potential licensees' list, and who takes employment while waiting to be placed in the program. In this case, the potential licensee remains on the potential licensees' list with full rights as a potential licensee until either of the following occurs:

(i) The person is awarded a program vending facility.

(ii) The person elects to have his or her name removed from the potential licensees' list.

(2) After 3 years on the potential licensees' list, an individual shall be retrained before being awarded a license.

(3) An individual who does not meet the requirements contained in subrule (1) of this rule is not eligible for program training or placement. All of the following conditions also render an individual ineligible for program training or placement:

(a) A former program licensee who owes money to the commission is not eligible until the debt is paid in full.

(b) A former program licensee who owes money to suppliers or owes state or federal taxes is not eligible until the former licensee's debts are paid in full.

(c) A former program licensee who owes money for an inventory shortage is not eligible until the debt is paid in full.

(d) A licensee who has a repayment agreement in good standing in effect at the time these rules take effect is exempt from subrule (3) of this rule. However, if the licensee's repayment agreement is violated, then the terms and conditions of this subrule shall apply.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.4 Client interview; referral for alternative services; evaluation; testing; training; remedial training {#sec-r-393.4 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.4}

Rule 4. (1) If a client and counselor decide that the vocational objective of vending facility licensure fits the client's skills and interests, then the counselor shall request an interview with a member of the program staff. The request for an interview shall be made to the program trainer.

(2) If a candidate is not considered to be eligible to be a vending facility licensee by the program trainer, then the candidate shall be referred to the counselor for alternative services. The candidate shall satisfy all of the following criteria:

(a) Be interested in meeting the public on a daily basis.

(b) Understand the concept of customer service.

(c) Understand appropriate business attire.

(d) Be willing to relocate.

(3) A candidate shall not be admitted to the program without a satisfactory interview.

(4) A vending facility training evaluation is required for a candidate for the program. A potential licensee shall possess competency as determined by the commission board with active participation from the committee.

(5) A candidate for the program, including a candidate who intends to train for cafeteria operation, shall attain the competencies determined by the board with the active participation of the committee and set forth and published by the board and shall avail himself or herself of the vending facility training and on the job training.

(6) If a student is unable to attain a satisfactory evaluation, then a counselor shall offer assistance in obtaining remedial training to upgrade skills. If the student has physical limitations that hinder the completion of the evaluation, and it is determined that he or she can handle the physical requirements associated with operating a facility, then the counselor shall include documentation in the evaluation requesting a waiver of the orientation and mobility requirement or other requirement not attainable by the client due to a disability and not essential to carrying out the responsibilities of a licensee.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.5 Establishment of program entrance requirements; candidate evaluation {#sec-r-393.5 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.5}

Rule 5. (1) The commission board, with the active participation of the committee, shall establish and set forth entrance requirements for the program.

(2) Each candidate for the program shall be evaluated in all of the following areas:

(a) Reading, mathematics, and communications.

(b) Orientation and mobility.

(c) Daily living skills.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.6 Vending facility training {#sec-r-393.6 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.6}

Rule 6. (1) Vending facility training shall include both classroom training and on the job training.

(2) The course content of the classroom training shall include all of the following topics:

(a) A history and overview of the program.

(b) The Randolph-Sheppard program and all applicable laws, regulations, and policies.

(c) Methods of managing a vending stand, including all of the following:

(i) Sanitation.

(ii) Bookkeeping.

(iii) Product management.

(iv) Marketing skills and techniques.

(v) Customer relations skills.

(vi) Program reporting requirements.

(vii) Applicable employer laws, rules, and regulations.

(d) Equipment certification.

(3) A student shall demonstrate that he or she is in compliance with the guidelines regarding dress as set forth in the vending stand training syllabus and training contract.

(4) Tests shall be administered in each area specified in subrule (2) of this rule. A passing grade for a test is not less than 75%.

(5) A candidate is required to pass the national restaurant association education foundation test and the applied food service sanitation course of the Michigan department of community health, with a passing grade of not less than 75%.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.7 Vending facility on the job training {#sec-r-393.7 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.7}

Rule 7. (1) A client shall successfully complete and pass on the job training before being awarded a license. If the client does not pass the initial on the job training, then he or she may be reassigned to a second on the job training. However, if the client fails the second on the job training, then he or she is terminated from the vending facility training program and cannot be placed on the potential licensee list.

(2) A candidate who does not report for training and who cannot reasonably explain the absence shall be considered by the trainer to have failed on the job training.

(3) A candidate who attempts to defraud the commission or who steals money or merchandise from the trainer shall be summarily suspended from training. The commission will conduct an investigation. If the investigation substantiates the fraud or theft, then the candidate will be expelled from the program and may not be considered for the program for a period of 5 years. A candidate who disagrees with the finding of the investigation can appeal the finding through a process established under the vocational rehabilitation act of 1973, as amended in 1992, 29 U.S.C. 31-42 §100-803 et seq.

(4) The commission board, with the active participation of the committee, shall establish standards for on the job training.

(5) A licensee who serves as an on the job trainer shall be certified through a training program provided by the commission.

(6) A licensee certified as an on-the-job trainer has all of the following responsibilities:

(a) To ensure that all components of the on the job training assessment are evaluated and that the trainee is given the opportunity to independently demonstrate proficiency in all areas.

(b) To provide the full amount of time for on the job training as determined by the commission board with the active participation of the committee.

(c) To properly complete and submit an on the job training evaluation during the last day of on the job training. On the job training reports are a part of the vocational rehabilitation file and as such are governed by the vocational rehabilitation confidentiality requirements.

(7) A trainee in on the job training has both of the following responsibilities:

(a) To demonstrate proficiency in all areas covered in the on the job evaluation.

(b) To complete the amount of training time required for on the job training as determined by the commission board with the active participation of the committee.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.8 Cafeteria facility training {#sec-r-393.8 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.8}

Rule 8. (1) The commission board, with the active participation of the committee, shall establish and publish, in the business enterprise program operations manual, the requirements for cafeteria facility training. To enter into the program as a cafeteria vending facility licensee, a person shall meet all of the established requirements.

(2) The requirements for cafeteria facility training are as follows:

(a) College level classes in food service. The commission board, with the active participation of the committee, shall establish and publish, in the business enterprise program operations manual, the college level classes required.

(b) Vending facility training.

(c) Cafeteria on the job training.

(d) Vending facility on the job training.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.9 Candidate referral packet {#sec-r-393.9 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.9}

Rule 9. A rehabilitation counselor shall refer a candidate for the program to the administrator by means of a referral packet, which shall consist of all of the following:

(a) Employment profile data, which may include the following:

(i) Purposes and goals of the referral.

(ii) Prior experience in food service.

(iii) Education and work history.

(iv) Selected vocational goals.

(b) A diagnostic eye examination report indicating that the candidate is legally blind and whether there is a possibility of improved vision in the future.

(c) On the job training reports.

(d) A classroom training report.

(e) A certificate of completion of the national restaurant association education foundation sanitation course.

(f) A certificate of passage of the Michigan community public health agency sanitation test.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.10 License issuance and eligibility requirements {#sec-r-393.10 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.10}

Rule 10. A license shall be issued only to a person who, as determined by the commission, meets all of the following requirements:

(a) Is blind as certified by a licensed ophthalmologist or optometrist. If a licensee obtains corrective surgery or his or her vision improves through other means, then the licensee shall be required to submit a new eye exam.

(b) Is not less than 18 years of age.

(c) Is certified by the commission as qualified to operate a vending facility.

(d) Does not owe money under the circumstances described in R 393.3(3).

History

• History: 2004 AACS.

Mich. Admin. Code R 393.11 Licensing procedure {#sec-r-393.11 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.11}

Rule 11. (1) To be licensed, a person shall comply with all of the following requirements:

(a) Be certified by the commission as qualified to operate a vending facility.

(b) Be placed on the potential licensee list.

(c) Bid on a facility.

(d) Be awarded a facility.

(e) Sign an inventory for the facility.

(f) Successfully operate a facility for 6 months.

(2) A license is valid on the date the potential licensee successfully completes a 6-month probationary period in the vending facility and is valid for an indefinite period but subject to rules regarding suspension or termination, as defined in R 393.13, R 393.14, R 393.15, and R 393.16. The license is subject to suspension or termination if, after affording the licensee an opportunity for a full evidentiary hearing, the state licensing agency finds that the vending facility is not being operated in accordance with its rules and regulations, the terms and conditions of the permit, and the terms and the conditions of the agreement with the licensee.

(3) A license may be voluntarily surrendered by a licensee.

(4) Licensee seniority commences on the first day of the probationary period.

Seniority is awarded retroactively at the end of the successfully completed probationary period. Seniority continues to accrue uninterrupted unless the license is suspended or revoked or unless 7 or more days elapse between the implementation of a current vending facility agreement and a new vending facility agreement. If 7 or more days elapse, then seniority is interrupted until the new vending facility agreement is signed by both the licensee and the commission.

(5) Before accepting another facility, a licensee shall operate his or her facility for not less than 6 months.

(6) For seniority purposes, ranking on the potential licensee list is based upon the first business day after completion of training, as shown by the documents submitted. If a tie occurs, then the following criteria are used to break the tie in a manner determined by the commission board, with the active participation of the committee:

(a) Rank-ordered scores from the educational foundation of the national restaurant association food service sanitation course exam.

(b) Rank-ordered scores from the vending facility training final exam.

(c) Rank-ordered scores from the Michigan community public health agency food service sanitation course exam.

(d) If a tie score exists after the first 3 criteria specified in subdivisions (a) to (c) of this subrule have been applied, then the time stamp of the bid, as recorded on the bid line, determines the recipient of the award.

(7) Once a trainee's name has been placed upon the potential licensee list, he or she may begin bidding.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.12 License entitlements; license display; license validity {#sec-r-393.12 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.12}

Rule 12. (1) A license entitles a licensee to all rights and protections under the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq., as well as the act and corresponding promulgated rules.

(2) A license shall be displayed at the vending facility at all times.

(3) A license is valid only while the licensee is actively operating a facility with a valid agreement or has signed a letter of acceptance before transferring to a new vending facility.

Rule 393.13 License termination.

Rule 13. A license is issued in accordance with the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq. and is subject to summary suspension or revocation, for cause, if the vending facility is not operated pursuant to the commission's rules and policies, the terms and conditions of the permit, or the agreement with the licensee.

History

• History: 2004 AACS.
• History: 2004 AACS.

Mich. Admin. Code R 393.14 Summary license suspension {#sec-r-393.14 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.14}

Rule 14. (1) If the commission finds that the public health, safety, or welfare requires emergency action and incorporates this finding in its order, then summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and will remain in effect during the suspension proceedings. The proceedings shall be promptly commenced to determine if license revocation is justified. Reasons for summary license suspension may include any of the following:

(a) The commission's equipment, merchandise, property, or business is in jeopardy or has been degraded.

(b) The operator is not carrying workers' disability compensation coverage.

(c) The public health, safety, or welfare is at risk as a result of a licensee's action.

(2) A licensee whose license has been suspended is not eligible to be awarded a promotion while the license is in suspension.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.15 License revocation {#sec-r-393.15 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.15}

Rule 15. (1) The commission may revoke a license issued to a blind person for the operation of a vending facility on federal, state, or other property for any of the following reasons:

(a) A licensee's vision has improved to the extent that he or she no longer meets the requirements of the act. The commission may periodically request that a licensee submit to an updated eye examination. The licensee shall select the service provider and the commission shall pay the cost of the eye examination. If either the commission or the licensee requests a second opinion, then the requesting party shall bear the cost of the second examination. The commission may request that a licensee submit to an updated eye examination when the commission's consultant has reviewed the original eye examination and advised the commission that there is some possibility of vision improvement. A licensee for whom there is no possibility of improved vision shall not be required to have an updated eye examination.

(b) Voluntary withdrawal from the program.

(c) An extended illness of a licensee which has been medically diagnosed and documented and which will result in the prolonged incapacity of the licensee to operate the vending facility in a manner consistent with the needs of the vending facility or other available locations in the vending facility program.

(d) A violation of the terms and conditions of R 393.24, R 393.25, R 393.26, R 393.27, R 393.28, R 393.29, R 393.30, R 393.31, or R 393.32.

(e) A violation of the terms and conditions of the vending stand agreement with the commission.

(2) Termination of participation in the program results in automatic license revocation. Before reentry into the program, the licensee whose license has been revoked shall again complete the full vending facility training program. The following shall apply:

(a) An approved leave of absence is not considered termination or withdrawal from the program.

(b) In such a situation, the licensee is afforded the opportunity to participate in the full vending facility training program, unless waived by the licensee in writing.

(3) A licensee whose license is in the termination process, as specified in R 393.16, is not eligible to be awarded a promotion while the license is in the termination process.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.16 License termination procedures {#sec-r-393.16 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.16}

Rule 16. Before temporarily suspending or revoking a license, the commission shall do all of the following in accordance with section 92 of 1969 PA 306, MCL 24.292:

(a) Issue a written notice stating the facts or conduct that warrants the license action.

(b) Provide an opportunity to show compliance, within 30 days, with licensing requirements.

(c) Issue a notice of hearing if, within 30 days, there is a failure to show compliance with licensing requirements; and, in addition, insert in the notice the language "commencing proceedings."

(d) Cause an evidentiary hearing as prescribed in the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq. and the act.

(e) Consider the proposed decision rendered by the hearing officer.

(f) Issue a final decision as rendered by a majority of the commissioners voting.

The final agency decision shall identify the effective date of the license action.

(g) Advise the licensee in writing within 72 business hours, if the final decision is to revoke or suspend a license, of his or her right to seek a remedy through an ad hoc arbitration panel as authorized by the provisions of 34 C.F.R. §395.13 (July 1, 1981).

The licensee shall then file a written request for an ad hoc arbitration, pursuant to §5 of the Randolph-Sheppard act of 1936, as amended.

(h) Advise the licensee in writing within 72 business hours, that the decision of the ad hoc arbitration panel is final and binding on the parties, except that the decision is subject to appeal and judicial review as a final agency action for purposes of the provisions of the government organization and employees act, 5 U.S.C. §101 et seq.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.17 Commission responsibilities generally {#sec-r-393.17 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.17}

Rule 17. The commission shall do all of the following:

(a) Furnish each licensee with a copy of these rules and a copy of the manual that describes the arrangements for providing services to the licensee.

(b) Provide financial information to licensees quarterly and on a fiscal year basis.

(c) Take adequate steps to inform each licensee of the provisions of these rules and the provisions of the permit and any agreement under which the licensee operates, including the licensee's rights and responsibilities as evidenced by the signed licensee's agreement.

(d) Periodically conduct, or cause to be conducted, a management review of a random sample of licensees.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.18 Commission responsibilities; vending facility site; equipment {#sec-r-393.18 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.18}

Rule 18. The commission shall do all of the following:

(a) Determine if a potential site is suitable for a vending facility. In a building where more than 1 vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40-hour workweek.

(b) List and assign priority to suggested renovations. All renovation or remodeling activities are subject to the availability of funds. The commission shall make all final renovation decisions with input from the committee.

(c) The commission shall determine the equipment needs of each vending facility and furnish each vending facility with adequate equipment suitable to the needs of the vending facility.

(d) Maintain, or cause to be maintained, all vending facility equipment in good repair and cosmetically appealing condition and replace, or cause to be replaced, wornout or obsolete equipment as required to ensure the continued and successful operation of the facility.

(2) The commission may authorize the lease of equipment for a vending facility.

The cost of the lease shall be paid from the proceeds of the facility. A vending facility agreement signed by the licensee shall constitute informed consent to lease equipment.

By signing the agreement, the licensee consents to all terms and conditions of the lease and accepts responsibility for the lease.

(3) Only the commission may transfer equipment between licensees or facilities.

Equipment shall only be used in the assigned vending facility.

(4) Bill identifiers or other personal equipment transfers with the licensee to whom the identifier or other personal equipment is assigned. When a licensee leaves the program, the bill identifier or other personal equipment reverts to the commission.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.19 Right and title to interest in equipment {#sec-r-393.19 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.19}

Rule 19. The title to the equipment in each vending facility shall be and shall remain in the name of the state of Michigan, except that equipment that is determined to not be needed in the vending facility program may be reassigned to blind individuals in the vocational rehabilitation program with an individualized plan for employment with a goal of independent business. Title to the reassigned equipment shall then be determined according to the procedures set forth in the independent business programs of the commission.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.20 Vending machine income; disbursement; use {#sec-r-393.20 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.20}

Rule 20. (1) Income from vending machines on federal properties that is not assigned to a licensee may be used for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for paid sick leave and vacation time for licensees in the state program, if determined by a majority vote of the licensees. Vending machine income from federal properties that is not necessary for the purposes of this subrule shall be placed in the set-aside funds and designated as unassigned vending machine income.

(2) Upon receiving supporting documentation of a loss, income from unassigned vending machines on state and other properties may be utilized for the purpose of insuring a licensee's loss in merchandise due to theft or equipment failure. Vending machine income from state and other properties that is not necessary to insure a licensee's loss shall be placed in the set-aside fund and designated as unassigned vending machine income.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.21 Promotional agent; role; duties {#sec-r-393.21 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.21}

Rule 21. (1) The promotional agent is the commission's representative to the vending facility licensees. A promotional agent fulfills a supervisory role in the program.

A promotional agent shall do all of the following:

(a) Assign equipment to the stand.

(b) Monitor the licensee to ensure compliance with employer responsibilities.

(c) Monitor compliance with applicable commission rules.

(d) Assist a licensee in running a clean and efficient business and in complying with all of the following provisions:

(i) Meeting state standards.

(ii) Being profitable and well managed.

(iii) Meeting the established profit expectations of the business.

(iv) Providing high-quality customer service.

(v) Conforming to the terms and conditions of the permit.

(2) A promotional agent shall visit the facility every 6 weeks, or more often as necessary, to offer suggestions and assist in obtaining the items of equipment or the service for which the commission is responsible. A promotional agent shall complete a field activity report after every visit, which shall include an assessment of the facility based upon the goals identified in subrule (1) of this rule. If a facility visit is not possible, then a promotional agent shall document telephone contact with the licensee.

(3) A promotional agent shall evaluate the facility annually, or more often if necessary, to ensure operation as described in subrule (1) of this rule. A new facility shall be evaluated semiannually during the first year of operation, or more often if necessary.

(4) A promotional agent shall monitor compliance with the rules and policies of the commission.

(5) A promotional agent shall hold in confidence information regarding the facilities for which the agent is responsible.

(6) A promotional agent shall arrange for additional licensee training, if needed.

(7) A promotional agent shall explain program rules and policies.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.22 Initial vending facility inventory {#sec-r-393.22 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.22}

Rule 22. (1) The commission shall do all of the following:

(a) Furnish the licensed vending facility with an initial 2-week merchandise inventory in an amount that is determined in consultation with the vending facility licensee. The vending facility licensee shall sell only the types of items stated in the permit with the building grantor and in the licensee's agreement with the commission.

(b) Use the estimated, or actual if available, purchase costs for a 1-year business cycle divided by 26 for determining the initial 2-week merchandise inventory. The administrator may authorize deviations from the formula if the deviation does not violate other provisions of these rules. Fully documented requests for deviation from the formula shall be submitted to the administrator in writing for approval.

(c) Include the initial itemized inventory as a part of the vending facility agreement form. The assigned inventory value shall be recorded on the vending facility inventory record. The total amount of the assigned inventory value shall be recorded on the vending facility agreement.

(d) Annually adjust the inventory amount based upon the wholesale food price index as published by the U. S. department of labor bureau of labor statistics.

(2) Except as specified in subrule (1)(d) of this rule, the initial merchandise inventory amount shall not be increased unless a significant business expansion, adjusted for inflation, occurs or additional product lines or services are added. A significant business expansion is an expansion that is expected to last for 6 or more months.

(3) If a significant business expansion occurs, then the formula for determining the amount of the additional inventory assignment shall be the formula specified in subrule (1)(b) of this rule, but substituting the projected sales of new business products or services for a 1-year business cycle. The additional expanded amount shall be covered by the commission at the time the expanded inventory is initially purchased, but shall be added to the assigned inventory amount as a licensee responsibility.

(4) Both the initial merchandise inventory stock and the expansion inventory, if applicable, are added together to become the beginning assigned inventory amount for which the licensee is responsible.

(5) An itemized inventory of the expansion items shall be added to the beginning inventory and attached to the vending facility agreement.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.23 Ending inventory {#sec-r-393.23 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.23}

Rule 23. (1) When a licensee leaves a facility, an ending inventory shall be taken jointly by the outgoing licensee, the incoming licensee, and the commission. The beginning inventory, including expansion, if applicable, and the ending inventory amounts shall be compared.

(2) If the initial merchandise inventory is too low, based upon the formula in R 393.22(1)(b), then an inventory adjustment shall be made by the commission. The commission shall reimburse the outgoing licensee for the difference, and the new beginning inventory amount shall be entered on the incoming licensee's inventory record and vending facility agreement.

(3) If the ending inventory amount is more than the beginning inventory amount, then there is an overage. The overage represents accrued earnings of the outgoing licensee. The outgoing licensee shall pay set-aside fees on the full amount of overage.

The disposition of an overage is the responsibility of the outgoing licensee.

(4) If the ending inventory is less than the beginning inventory, then a shortage exists. If a shortage exists when the inventory is taken, then the outgoing licensee shall reimburse the commission immediately. If a licensee cannot reimburse the commission within 24 hours, then license revocation proceedings shall be initiated as described in R 393.16. As of the effective date of this rule, a repayment agreement shall not be created, without exception.

(5) When a licensee leaves a facility that has vending machines, a catalog of spare parts shall be created jointly by the outgoing licensee, the incoming licensee, and the commission. If the ending catalog of spare parts is missing parts as compared to the beginning inventory, as detailed in R 393.32(1), then the outgoing licensee shall replenish the spare parts inventory within 24 hours.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.24 Licensee obligations generally {#sec-r-393.24 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.24}

Rule 24. (1) Each licensee shall agree to do all of the following:

(a) Perform, to the best of his or her ability, the necessary duties in connection with the vending facility pursuant to the commission's rules and procedures, the terms of the permit, and the agreement with the licensee and otherwise abide by the rules of the commission.

(b) Operate not more than 1 concession as defined in the act.

(c) Take no action in derogation of, or inconsistent with, the title of the state of Michigan to the vending facility equipment.

(d) Sign the vending facility agreement, agreeing to accept full responsibility for the amount of the initial merchandise inventory. The licensee further agrees to maintain that level of inventory at all times, with the exception of seasonal business cycles, until he or she leaves the facility. Nothing contained in the vending facility agreement makes the parties partners or joint venturers with each other. The only relationship between the commission and the vending facility operator is that of agency and license. Nothing in the vending facility agreement renders either of the parties liable to any third party for debts of or litigation of the other party.

(e) Notify the promotional agent, within 2 weeks of when a vending facility is assigned, of any problems with the inventory. After that date, the commission is not obligated to adjust the inventory or reimburse for bad products.

(f) Submit, in writing, requests for facility renovations, or discuss, with the assigned promotional agent, facility renovations as a component of the annual vending facility evaluation process. Proposed renovations shall be forwarded to the central office of the commission.

(g) Admit duly authorized representatives of the commission to the vending facility and cooperate with them in connection with their official duties and responsibilities.

(h) Sell only the types of merchandise itemized in the agreement signed by the licensee and the commission.

(i) Pay for all merchandise and supplies purchased within the terms and conditions of the credit policies of suppliers.

(j) Obtain approval of the commission, except in emergencies, before employing assistants within the guidelines established by the commission board with the active participation of the committee.

(k) Conform to the hours of operation as fixed by the commission after consultation with the licensee and the agency having charge of the property. The hours of operation shall be stated on the vending stand agreement.

(l) Participate in the in-service training programs provided.

(m) Obtain and maintain a general comprehensive liability insurance policy and, if the licensee hires1 or more full-time or part-time employees, obtain and maintain workers' disability compensation coverage and pay unemployment taxes and all other applicable federal, state, and local taxes.

(n) Comply with all applicable federal and state laws and regulations, including tax laws.

(o) The commission shall commence license revocation proceedings if a licensee fails to comply with any of the provisions specified in this subrule.

(2) A licensee shall not discriminate against any person or persons in furnishing the use of any vending facility, including any and all services, privileges, and accommodations provided. A licensee shall comply with all of the following:

(a) Title VI of the civil rights act of 1964, 42 U.S.C. § 200d and regulations issued under title VI of the civil rights act of 1964.

(b) The Americans with disabilities act of 1990, 42 U.S.C. §12101 et seq.

(c) 1976 PA 220, as amended, MCL 37.1101.

(d) Any other applicable civil rights legislation.

(3) A licensee shall refer repairs to facility structure and utilities to the commission for action. If the needed repair is an emergency and requires immediate attention, then the licensee shall contact building personnel to effect the necessary repairs.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.25 Licensee insurance requirements {#sec-r-393.25 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.25}

Rule 25. A licensee shall do both of the following:

(a) Obtain general comprehensive liability insurance. A licensee shall comply with the general comprehensive liability insurance requirement by satisfying either of the following provisions:

(i) Purchasing a policy independently and providing the commission with a certificate of insurance showing the dates of coverage. The commission shall be named on the certificate of insurance to assure its notification if coverage is cancelled or lapses.

(ii) Purchasing liability insurance through the commission. Rates are dependent upon gross sales. A licensee shall be notified annually of his or her specific multiplier, as established by the commission board, with the active participation of the committee, used to calculate the monthly payment. Payment shall be made on a monthly basis and recorded on the monthly vending facility report.

(b) Carry workers' disability compensation insurance pursuant to state law and R 393.24 (1)(m). The commission shall be named on the certificate of insurance to document that the licensee has coverage and to ensure that the commission is notified if coverage is canceled or lapses.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.26 Licensee health and safety obligations {#sec-r-393.26 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.26}

Rule 26. (1) A licensee shall operate a vending facility pursuant to all applicable health and safety laws and rules.

(2) A licensee shall apply for and hold all health licenses. Fees for health licenses are considered to be a business expense and are the responsibility of the licensee. A licensee shall submit, within 10 calendar days of receipt, all periodic health inspection reports to the commission. Where correction of the violation is within the purview of the licensee, the licensee shall act immediately to correct a violation.

(3) Failure to comply with the corrective action for a non-critical violation is grounds for commencement of license revocation proceedings. A non-critical violation is identified and defined by part 129 of 1978 PA 368.

(4) Failure to comply with the corrective action for a critical violation is grounds for immediate and summary license suspension. A critical violation is identified and defined by part 129 of 1978 PA 368.

(5) Where correction of the violation is beyond the purview of the licensee, the commission shall make the correction pursuant to the inspection report.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.27 Licensee reporting requirements {#sec-r-393.27 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.27}

Rule 27. (1) A licensee shall furnish reports as the commission may require periodically.

(2) A licensee shall complete the commission's standard monthly vending facility report. Business expenses, taxes paid, profit, and financial operations are major components of the report. The report shall be an accurate and true report.

(3) A licensee shall submit the monthly report data to the department's administrative entity. Reports shall be time and date stamped by the fifteenth day of the month following the period covered by the report.

(4) If a report associated with a set-aside payment is delinquent, then the reporting licensee is not eligible for promotion until 30 days after the time and date stamp of the delinquent report. If a set-aside fee payment is delinquent, then the reporting licensee is not eligible for promotion until 30 days after the post mark date of the delinquent setaside fee and a penalty of 50% of the monthly set-aside fee owed shall be assessed and paid with the next monthly report.

(5) If a payment for a repayment agreement, made before the effective date of these rules, is delinquent, then the reporting licensee is not eligible for promotion until 30 days after the time and date stamp of the delinquent payment.

(6) Receipt of a nonsufficient funds check in payment shall be treated in the same manner as a delinquent payment. A penalty of 50% of the monthly set-aside fee owed shall be assessed and paid with the next monthly report.

(7) The completion of the monthly report and the payment of the set-aside fees are the sole responsibilities of the licensee.

(8) A licensee shall make payment of the set-aside fee by the due date. Set-aside fee payments shall be post marked by the twenty-fifth day of the month following the period covered by the associated report. The set-aside fee payment is a payment due the commission. The commission shall not accept partial payment for past due set-aside fee payments, liability insurance payments, or for repayment agreements that have been grandfathered in under subrule (4) of this rule.

(9) Failure to submit 2 or more reports or payments during a 12-month period shall result in commencement of license revocation proceedings.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.28 Licensee fees {#sec-r-393.28 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.28}

Rule 28. (1) A uniform set-aside fee based upon net proceeds shall be paid by each vending facility licensee. The fee shall be fixed by the commission with the active participation of the committee. The fee shall be designed to prevent, so far as practicable, a greater charge for any purpose than is reasonably required, with allowance for reserves.

Any changes in the set-aside fees shall be submitted to the commissioner of the United States rehabilitation services administration for prior approval and shall be embodied in the written agreement with the licensee. The fees are to be credited to a vending facility's set-aside for the following purposes only:

(a) Maintenance and replacement of equipment.

(b) The purchase of new equipment.

(c) Management services.

(d) The establishment and maintenance of retirement or pension funds and health insurance contributions and providing for paid sick leave and vacation time, if so determined by a majority vote of the licensees licensed by the commission.

(2) The proceeds of the operation of each vending facility shall accrue to the licensee after the licensee has paid the operating costs and the set-aside fee.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.29 Licensee inventory obligations {#sec-r-393.29 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.29}

Rule 29. A licensee shall take an inventory by December 31 of each year in accordance with commission policy. The inventory shall include all of the following information:

(a) Item description.

(b) Quantity.

(c) Unit cost (wholesale cost).

(d) Unit cost times quantity (total of money assigned to the item).

(e) Total value of complete inventory. It is the licensee's responsibility to assign a unit cost to each item and to extend the inventory to determine the value of the entire inventory for that particular facility.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.30 Licensee profit expectation {#sec-r-393.30 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.30}

Rule 30. (1) A licensee shall maintain the profit expectations established in this rule. A licensee's profit level is calculated based upon a period of 3 consecutive months.

Licensee profit expectations are as follows:

(a) Dry stand - 11% profit expectation.

(b) Snack bar - 25% profit expectation.

(c) Vending machines as follows:

(i) 30% profit expectation for state-owned and nonleased equipment locations.

(ii) 25% profit expectation for leased equipment locations. Profit expectation for leased equipment locations is calculated by the following formula: The sum of net proceeds plus leased equipment costs, divided by total sales for the month.

(d) Cafeteria - 11% profit expectation.

(e) Combined cafeteria/snack bar - 17% profit expectation.

(f) Vending machine routes as follows:

(i) Nonhighway vending route - 25% profit expectation.

(ii) Highway vending route - 30% profit expectation.

(2) Licensees may request an exception to the established profit expectation for their vending facility. The request for the exception shall be addressed to the licensee's promotional agent and shall include the reason(s) the request should be granted. Within 15 working days of the request, a panel consisting of the vending facility's promotional agent, the administrator, and the chair of the committee's promotions and seniority subcommittee shall review the request and make a determination. The promotional agent shall notify the licensee of the panel's determination in writing. The panel's decision may be appealed subject to R 393.54, R 393.55, and R 393.56.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.31 Licensee equipment responsibilities {#sec-r-393.31 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.31}

Rule 31. (1) A request for equipment shall be submitted to the promotional agent in writing. Equipment purchased by a licensee without the prior written approval of the promotional agent shall neither be reimbursed by the commission nor allowed to remain in the facility. All nonapproved equipment shall be removed.

(2) A licensee may purchase small equipment items without prior approval. Small equipment items are items that may be purchased at a dollar value to be determined by the commission board with the active participation of the committee. Equipment shall be pertinent to the kinds of products sold and the type of facility to which the equipment is assigned. Licensee reimbursement for the cost of equipment is optional at the discretion of the promotional agent. Original invoices for the purchases shall be submitted to the promotional agent for reimbursement.

(3) A licensee may purchase items that cost less than $500.00 only with the prior written approval of the promotional agent. For items that cost between $100.00 and $500.00, a licensee shall also secure 3 bids and submit written documentation, including the time of the bid, the date of the bid, the company bidding on the equipment, and the cost, to the promotional agent. A licensee who fails to provide written documentation of 3 bids shall not be reimbursed for the equipment.

(4) An individual piece of equipment that costs more than $500.00 shall be authorized by the promotional agent for purchase through the state purchasing system.

Reimbursement shall not be made for items that cost more than $500.00.

(5) The equipment invoice shall be promptly submitted to the promotional agent for reimbursement. The invoice shall be the original, be legible, and contain all of the following:

(a) The signature of the licensee.

(b) The equipment company's federal employer identification number.

(c) The date of delivery.

(d) The invoice number.

(e) The name and address of equipment company.

(f) An itemized list of charges, total amount paid, and total amount due.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.32 Licensee responsibility regarding equipment repairs {#sec-r-393.32 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.32}

Rule 32. Repairs are effected as follows:

(a) A licensee shall make a personal effort to make repairs. The commission shall supply appropriate spare parts, including 1 coin mechanism of each type necessary to operate the facility and 1 set of clean tubes and chutes for each machine type at a vending facility. A spare bill transport shall be provided for each vending facility that has a bill changer. Other spare parts shall be provided as determined necessary by the commission.

(b) If a licensee is unable to make a repair, he or she shall immediately contact a repair company, specializing in the types of repairs needed, to make the repair.

(c) A licensee shall make the necessary arrangements to meet repair personnel.

(d) A licensee shall obtain an estimate of the repair cost. If repairs cost more than an amount determined by the commission board, with the active participation of the committee, then the licensee shall contact the promotional agent for prior authorization.

If a promotional agent is not available, then the licensee shall contact the commission for approval before effecting the repair. If commission staff is unavailable for 36 hours from the first attempted contact by the licensee, then the licensee may authorize the repair up to $500.00.

(e) A licensee shall pay the repair company the repair deductible amount (refer to R 393.33(2)) or the entire repair cost immediately upon repair pursuant to the credit policies of the repair company.

(f) The bill for completed work shall be promptly submitted to the promotional agent for payment. The invoice shall be the original, be legible, and contain all of the following:

(i) The signatures of both the repair company representative and the licensee.

(ii) The company's federal employer identification number or, if a private person, the private person's social security number.

(iii) The department equipment tag number.

(iv) The date of repair.

(v) The invoice number.

(vi) The name and address of the repair company.

(vii) An itemized list of charges, total amount paid, and total amount due.

(viii) A notation specifying if the payment is to be made to the licensee or to the vendor.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.33 Licensee repair deductible {#sec-r-393.33 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.33}

Rule 33. (1) A licensee shall pay a repair deductible on each equipment repair.

(2) The repair deductible is calculated by multiplying the previous year's actual or, for locations where documentation is incomplete, estimated gross sales by a factor established by the commission board, with the active participation of the committee. For new locations, an estimate of gross sales is used.

(3) Repair deductibles are applied only to labor and travel charges. Parts are not subject to the repair deductible. The repair deductible does not apply during the first 30 days after a licensee transfers facilities. A licensee repair deductible does not apply to equipment transferred into the facility for the first 30 days after transfer. For new licensees, deductibles do not apply for the first 60 days.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.34 Licensee health insurance {#sec-r-393.34 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.34}

Rule 34. (1) A licensee may deduct an amount from set-aside fees due to offset the cost of health insurance. A licensee shall submit proof of coverage with each monthly vending facility report. The amount of the health insurance deductible shall be annually recommended by the committee and shall be approved by the commission board. The determination of the deductible shall be based on a budget analysis to determine if the deduction will continue.

(2) If set-aside funds are insufficient to continue the deduction as a licensee benefit, then the deduction may be discontinued or altered by the commission based on a recommendation of the committee with the approval of the commission board or upon staff recommendation.

(3) The health insurance deductible shall be used for a licensee's expenses for health insurance. Proof of payment shall be submitted each month showing the coverage period, carrier, and type of insurance (family or single). Deductions shall not be more than the actual amount paid for the licensee's portion of health insurance coverage.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.35 Leave of absence, generally {#sec-r-393.35 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.35}

Rule 35. (1) This rule applies to all leaves of absence.

(2) To take a leave of absence, an operator shall first apply in writing to the administrator for the leave of absence. The leave of absence request shall include the reason(s) the request is being made. The administrator shall approve or deny the request in writing, identifying the applicable rule and subrule(s) for granting or denying the leave of absence.

(3) If a licensee is to be absent from his or her vending facility for more than 14 days but less than 30 days (short-term absence), then he or she shall leave a message at his or her promotional agent's office to request an absence. A vending facility shall be operated in accordance with the hours of operation identified in the vending facility agreement. Operator absence from a vending facility does not justify closure of the facility. A vending facility shall be reserved for the same licensee upon the licensee's return from an approved short-term absence only.

(4) If a licensee is to be absent from his or her vending facility for 30 days or more, then he or she shall do all of the following, as applicable:

(a) Notify his or her promotional agent by telephone and in writing.

(b) Give his or her promotional agent a written plan by which his or her vending facility is to be operated and maintained pursuant to program rules and regulations during his or her absence.

(c) If an absence is due to illness or injury, then the licensee shall provide his or her promotional agent with a physician's statement. If absence extends beyond the time stated in the initial physician's statement, then the promotional agent shall request further updates, as needed. The initial physician's statement and subsequent statement shall be treated in a confidential manner. The commission may request a second opinion at its own expense.

(d) A licensee shall not be absent from his or her vending facility for more than 60 consecutive calendar days during 1 calendar year, unless otherwise stated in these rules.

(5) A licensee's seniority is frozen at the beginning of the leave of absence.

(6) A vending facility vacated by a licensee who takes a long-term leave of absence shall not be reserved for the same licensee upon return from the absence.

(7) A licensee who takes a leave of absence shall be responsible for obtaining information regarding his or her retirement status and benefits. The commission is not responsible for obtaining the information.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.36 Maternity, paternity, or adoption leave of absence {#sec-r-393.36 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.36}

Rule 36. A licensee may take a leave of absence for maternity, paternity, or adoption reasons. A maternity, paternity, or adoption leave of absence shall commence not more than 3 months before the expected delivery or adoption date and shall last for not more than 6 months after delivery or adoption.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.37 Illness or injury leave of absence {#sec-r-393.37 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.37}

Rule 37. (1) A licensee may take a leave of absence for reasons of illness or injury pursuant to this rule.

(2) A medical leave of absence is normally granted for up to 6 months. An extension may be granted for an additional 6 months. Normally, a leave if absence for illness or injury shall not exceed 12 months in total.

(3) Physicians' reports shall be requested by the commission. The reports shall be used to ensure that the licensee on leave is using the leave for illness or injury. A physician's report shall be treated as confidential.

(4) A licensee who returns from extended sick leave shall submit a medically documented statement certifying that the licensee is able to return to work. On the basis of the certification, the licensee shall begin active bidding, subject to the same bidding procedure as potential licensees.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.38 Educational leave of absence {#sec-r-393.38 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.38}

Rule 38. A licensee may take a leave of absence for educational reasons. An educational leave of absence may be granted for up to 5 years under the following conditions:

(a) The licensee shall have worked continuously in the program for a minimum of 3 years.

(b) While on educational leave, the licensee shall maintain full-time student status pursuant to the policies of the institution.

(c) When returning to active status in the program, the licensee shall provide confirmation of full-time student status during the time of his or her absence.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.39 Other leaves of absence {#sec-r-393.39 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.39}

Rule 39. Up to 1-year leave of absence may be granted to a licensee under the following conditions:

(a) The licensee shall have been continuously active in the program for a minimum of 3 years.

(b) The licensee may not bid on another facility until his or her leave time, added to his or her time in the previous vending facility, equals 6 months from the date that he or she took over his or her last vending facility.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.40 Leave of absence for self-employment {#sec-r-393.40 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.40}

Rule 40. (1) A leave of absence may be granted to a licensee to provide an opportunity for self-employment outside the program. The leave shall not be for more than 5 years.

(2) A licensee who has 3 or more years of seniority may apply for a selfemployment leave of absence. A request for a self-employment leave of absence shall be in writing and submitted to the program administrator not less than 60 calendar days in advance of the expected leave date.

(3) A committee that consists of the program administrator, the committee chair, and the subcommittee on promotion and seniority chair shall have 15 working days to approve or deny the request in writing, identifying the applicable rule and subrule or subrules for granting or denying the self-employment leave of absence. The applicant for a self-employment leave of absence shall meet the criteria described in subrules (1), (2), (6), and (7) of this rule. The committee shall also determine the eligibility of a person who returns to the program under the leave of absence policy as specified in this rule.

(4) State retirement credit shall resume pursuant to the rules and regulations of the state retirement system when a licensee reenters the program.

(5) A licensee who takes a self-employment leave of absence shall be responsible for obtaining information regarding his or her retirement status and benefits. The commission is not responsible for obtaining the information.

(6) A request for a self-employment leave of absence shall include evidence that self-employment outside the program is expected. Evidence may include any of the following:

(a) The filing of papers for an assumed business name.

(b) Approved franchise papers.

(c) New business purchase agreement.

(d) Vending facility of business.

(e) A loan agreement.

(f) Permit or licenses.

(7) All set-aside and insurance fees, repayment agreements and loans, and applicable state and federal taxes shall be current when a leave of absence for selfemployment is granted.

(8) If, at any time during the leave of absence, evidence is brought to the attention of the administrator that 1 or more of the criteria described in subrules (9) and (10) of this rule have not been met, then the administrator shall request that the committee convene a review panel to review and ascertain the facts of the case within 15 calendar days. After the panel's review, its recommendation shall be forwarded within 15 calendar days to the administrator for a final decision. If it is determined that the licensee has violated the criteria, then the leave of absence shall be immediately terminated and license revocation proceedings shall commence.

(9) A licensee shall pay all set-aside and insurance fees before the due date of the month following the month in which the leave is given. Without exception, a licensee shall pay any other monies due to the program in full within 30 calendar days after the administrator notifies the licensee, in writing, of the obligations. A licensee shall pay all wholesalers and suppliers who have supplied goods and services at a program vending facility in full or pursuant to any agreement made between the licensee and the supplier.

(10) Before a person returns to the program, the licensee shall totally liquidate any business connections outside of the program. When requesting reentry into the program, the person shall submit copies of his or her internal revenue service schedule C (sole proprietorship) tax form for each tax year that he or she was on leave to verify that the leave was used for the purpose granted. The provisions of R 393.42 also apply to a self-employment leave of absence.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.41 Maintaining leave of absence status {#sec-r-393.41 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.41}

Rule 41. If, at any time during a leave of absence granted under R 393.35, R 393.36, R 393.37, R 393.38, R 393.39 and R 393.40, evidence is brought to the attention of the administrator that an individual has not met any of the criteria described in subdivision (a), (b), and (c) of this subrule, then the individual may return to the program only as a potential licensee who does not have program seniority:

(a) A licensee shall pay all set-aside and insurance fees before the due date of the month following the month in which the leave was given.

(b) A licensee shall pay any other monies due to the program within 30 days of written administrator notification to the licensee of the obligation.

(c) A licensee shall pay all wholesalers and suppliers who supplied goods and services at a program vending facility in full pursuant to any agreement made between the licensee and the supplier.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.42 Return from leave of absence {#sec-r-393.42 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.42}

Rule 42. (1) A vending facility that a licensee left for a long-term leave of absence shall not be reserved for the same licensee upon reentry into the program.

(2) To return to active status after a leave of absence, a licensee is responsible for meeting all program requirements added since the leave of absence commenced.

(3) A licensee may reenter the program by bidding on any available locations as they become available for bid.

(4) A licensee reentering the program bids as a licensee with the amount of seniority accrued at the time the leave of absence commenced, but does not gain additional seniority during the time of bidding. The last evaluation given to a licensee before taking a leave of absence shall be used in awarding a returning licensee a new vending facility. The leave of absence is not terminated until the licensee signs a vending facility agreement.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.43 Satellite sites {#sec-r-393.43 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.43}

Rule 43. (1) If a potential concession is not expected to return to the licensee at least 120% of the applicable current federal minimum wage based on a 1-year business cycle, then a satellite site may be established. A determination to establish a satellite site shall be made by the commission with input from the locations subcommittee of the committee.

(2) If a concession or a potential concession does not meet the requirements stated in subrule (1) of this rule, the concession or potential concession may become a satellite of an existing concession. The satellite shall be in the immediate vicinity of the existing concession. This subrule does not apply when a potential satellite is part of an existing facility as defined in 20 C.F.R. §395.1(h)(A).

(3) A satellite shall not be established unless the state licensing agency determines that the facility will produce revenues in excess of costs. A value shall be assigned to all unpaid labor based upon the prevailing wage rate for people in the community doing the same or similar work, which shall be determined from information provided by the Michigan unemployment agency. A licensee shall produce an acceptable written plan that shall include all of the following information:

(a) The number of additional employees.

(b) The amount of storage space.

(c) The level of service to be provided to customers (visits per day).

(d) The means to be utilized for transporting stock, for example, hand cart, car, or van.

(4) If no licensee in the immediate area submits a profitable plan for a satellite, then the administrator may, if practical, arrange for a private vending company to provide the requested services on a contractual basis and to forward the commissions as unassigned vending machine income to the set-aside account. At the end of a 1-year business cycle, each unassigned facility contract shall be reviewed to determine whether the facility may be established as a satellite vending facility or a separate facility.

(5) When a concession that has satellites is to be placed for bid, the satellite or satellites shall be evaluated to determine whether each satellite can be an independent concession as described in subrule (1) of this rule.

(6) Preference shall be given in the assignment of equipment and other resources to state and federally mandated facilities and to other existing facilities.

(7) The vending facility agreement shall be amended each time a site is added to or removed from a facility.

History

• History: 2004 AACS.

Mich. Admin. Code R 394.44 Licensee assistance and training generally {#sec-r-394.44 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 394.44}

Rule 44. (1) To ensure the maximum financial return and that employment opportunities for successive blind persons are preserved, a licensee shall receive reasonable systematic assistance and in-service training in all of the following areas:

(a) The keeping of accounts.

(b) The selection and purchase of suitable merchandise.

(c) The maintenance of a clean and attractive vending facility.

(d) The proper cleaning, maintenance, and sanitation of equipment.

(e) The utilization of sound business practices and methods.

(2) A licensee shall receive upward mobility training including further education and additional training or retraining for improved work opportunities. Upward mobility training includes training a vending facility licensee to become a cafeteria facility licensee, which is appropriate upward mobility training as described in subrule (4)(a) of this rule.

(3) If a licensee and his or her promotional agent have identified specific training needs that would improve the management of a vending facility, then the promotional agent may arrange for the training. The following training is authorized:

(a) Classroom training at the Michigan commission for the blind training center in Kalamazoo.

(b) On-the-job training, either at a licensee's facility or at another program facility.

(c) Regional group training classes.

(d) Training provided by a third person that is approved by the commission or training provided by another preapproved source.

(4) The commission shall reimburse a licensee for training only if all of the following conditions are met:

(a) The training improves management skills related to current operation or leads to upward mobility within the program.

(b) The training was requested in writing and preapproved by program staff.

(c) The training is completed successfully.

(5) Ongoing vending machine training shall be offered periodically.

(6) All commission-sponsored group training activities shall be announced on the bid line or by other appropriate means.

(7) It is the responsibility of the program licensee to make all training requests.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.45 Vending facility training for existing cafeteria licensees {#sec-r-393.45 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.45}

Rule 45. To be awarded a vending facility, an existing cafeteria licensee who has not completed classroom and on-the-job snack bar and vending training, shall complete the following training:

(a) One week of classroom training, including both of the following:

(i) Two days of training regarding the Randolph-Sheppard act of 1936, P.L. 74- 732, as amended by P.L. 83-565 and P.L. 93-516 (20 U.S.C. §107 et seq.), the act, and rules promulgated under the act.

(ii) Equipment certification on all program equipment.

(b) Vending machine on-the-job training, as determined by the commission board with the active participation of the committee. Both the training report and the vending facility on-the-job training evaluation shall be submitted to the program administrator for approval before being eligible for the award of a vending facility.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.46 Cafeteria training for licensees {#sec-r-393.46 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.46}

Rule 46. (1) Under the Randolph-Sheppard act of 1936, as amended, as specified in 20 U.S.C. §107 et seq., a licensee is eligible for upward mobility training. Training a vending facility licensee to become a cafeteria facility licensee is appropriate upward mobility training. An individual plan for employment is developed for a client who participates in upward mobility training.

(2) Entry into the program as a cafeteria vending facility licensee requires college-level academic competencies and on-the-job training, as determined by the commission board with the active participation of the committee, and as published in the program operating manual. For a licensee who is managing a vending facility, a portion of the college-level academic competencies and cafeteria on-the-job training, as determined by the commission board with the active participation of the committee, is required. The remaining portion of the college-level academic competencies as determined by the commission board with the active participation of the committee shall be completed by the licensee within a time period specified by the commission board with the active participation of the committee.

(3) College-level competencies may be obtained at institutions of higher education offering programs in food service or motel and hotel management.

(4) If a licensee who is managing a vending facility applies to become a cafeteria vending facility licensee, then the licensee shall first be referred to the cafeteria promotional agent for a successful interview before referral to the vocational rehabilitation program for the case file to be reopened.

(5) If a candidate is considered to be not appropriate to become a cafeteria vending facility licensee by the promotional agent, then the candidate shall be referred to the vocational rehabilitation counselor for alternative services. A candidate shall not be admitted to the program without a satisfactory interview.

(6) It is the responsibility of the licensee to do all of the following:

(a) Provide the program administrator with a grade report within 30 days of completion of the academic period.

(b) Maintain a 2.0 grade point average over the entire academic career.

(c) Complete all classes during the academic period.

(d) Fully utilize recording services and volunteer reader services.

(e) Apply for financial assistance each academic year.

(f) Complete the remaining requirements of the college-level academic competencies.

(7) If a licensee enrolled in a college or university fails to meet the conditions identified in subrule (6) of this rule, then the deficiencies shall be reviewed by the administrator or his or her designee and the client. If necessary, the licensee shall be informed that he or she is being placed on probation by the commission and that failure to meet the conditions for eligibility within the next academic period shall result in complete discontinuance of support by the commission. A grade of incomplete received by the client shall be made up during the next academic period.

(8) The probationary status identified in subrule (7) of this rule pertains only to financial academic support, not to the licensure of a licensee.

(9) If a licensee has successfully completed the college-level academic competencies, then she or he shall forward the documents to the promotional agent. The promotional agent shall provide confirmation that college-level competency requirements have been met.

(10) After a licensee completes the initial portion of the academic competencies, the cafeteria promotional agent shall arrange for on-the-job training for the licensee.

(11) Failure to complete the additional college-level competency areas within the time period specified in subrule (2) of this rule after being awarded a cafeteria license shall result in commencement of license revocation. The time period for completing the academic requirements begins on the date the licensee signs the vending facility agreement for the operation of the cafeteria.

(12) A licensee who fails to complete the additional college-level competency areas within the time period specified in subrules (2) and (11) of this rule is not precluded from bidding on a facility of another type before the expiration of the time period.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.47 Licensee promotions and demotions {#sec-r-393.47 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.47}

Rule 47. (1) The bid process is governed by this rule. A licensee may be promoted to another, or a more profitable, vending facility when a vending facility becomes available. To be promoted, a licensee shall bid on the facility, be willing to relocate, and be qualified. All of the following shall be included as licensee qualification factors:

(a) Certification to operate the specific type of facility.

(b) Evaluation of past performance.

(c) Participation in the in-service training programs.

(d) Seniority.

(e) Compliance with all program rules and regulations. When all factors are equal, seniority shall prevail. Promotion procedures shall be uniformly applied and developed with the active participation of the committee.

(2) A licensee shall participate in mandatory in-service training and shall not be eligible for promotion until training is completed. A licensee may be excused from mandatory in-service training only with written supervisory approval.

(3) When a licensee has demonstrated an inability to operate the present vending facility under uniformly applied program standards, developed with the active participation of the committee, the licensee may be demoted or transferred to another vending facility that the licensee is considered qualified to operate, if a facility is available. If a facility is not available, then the licensee shall be removed from the present facility and the licensee's name shall be placed on the potential licensee's list until a facility is available. Demotion and transfer or removal of a licensee shall conform to the procedures outlined in R 393.13, R 393.14, R 393.15, and R 393.16.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.48 Bid process generally {#sec-r-393.48 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.48}

Rule 48. (1) The commission shall announce available locations on a bid line, which shall be routinely updated.

(2) A licensee shall learn of available locations by calling the bid line.

(3) A licensee may place a bid by calling the established line to record his or her bid on a vending facility.

(4) The administrator awards the vending facility to the licensee under the criteria established in these rules.

(5) A licensee shall accept the vending facility both verbally and in writing.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.49 Bid line {#sec-r-393.49 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.49}

Rule 49. (1) A message of available locations shall be placed on the bid line on the same day each week unless extenuating circumstances exist. The message announcement shall include all of the following information:

(a) The vending facility number. A potential licensee shall use the number when bidding on the facility.

(b) The geographic location of the facility (building/city).

(c) The facility type.

(d) The estimated gross sales.

(e) The name of contact person.

(f) The estimated date of availability.

(2) If the bid announcement day is a state holiday, then bids for that bid cycle shall be updated on the next state working day of that week.

(3) The deadline for submitting a bid is the following week's announcement day at noon.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.50 Bidding procedure {#sec-r-393.50 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.50}

Rule 50. (1) The bid line shall contain instructions for placing a bid. Program staff shall record the bid with the date and time it was placed.

(2) A bid may be placed from 5 p.m. on the bid day until noon on the following bid update day.

(3) Program administrative staff shall offer the open vending facility to the successful bidder. The candidate shall either commit to the vending facility or decline the offer in writing within 72 hours after the close of bids. If the first candidate declines, then program staff shall continue the same award procedure, moving down the list of eligible licensees or potential licensees until the facility is awarded.

(4) Failure to make a commitment by the noon deadline constitutes declining the offer and the opportunity shall be offered to the next licensee on the list.

(5) A licensee who is awarded a vending facility shall be announced in the week after the award.

(6) A licensee is considered installed in a vending facility when an agreement has been signed.

(7) If a potential licensee does not bid and accept a facility within 3 years, then he or she shall take a commission-designated retraining course as approved by the commission board, with the active participation of the committee. Failure to retake training results in deletion of the potential licensee's name from the potential list and the potential licensee is not eligible to bid or accept a facility within the program.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.51 Bid award for vending facility {#sec-r-393.51 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.51}

Rule 51. (1) For the award of a vending facility, seniority is based on the number of days in which a licensee is licensed in the program. Bidders are ranked by their seniority and on the basis of all of the following:

(a) The most recent evaluation score. A satisfactory score is the minimum requirement.

(b) The date of transfer into the current facility. Six months in the current facility is the minimum requirement.

(c) The status of set-aside payments or reports. A licensee who submits late reports or accompanying set-aside payments is ineligible for promotion until 30 days after the time and date stamp of the delinquent report and the postmark receipt date of appropriate monies.

(d) Training appropriate to the facility for which the bid was placed.

(e) The profit percentage of the high bidder's vending facility for the most recent 3 report months shall meet the standard set forth in R 393.1.

(f) Documentation on file with the commission that the licensee is in compliance with workers' compensation laws, unemployment tax laws, and liability insurance requirements.

(2) From acceptance of a bid until the projected operation date of a vending facility, a successful bidder may not bid on another vending facility. If the vending facility doesn't open on time, then a licensee may bid on a second vending facility. If the licensee is awarded the second vending facility, his or her name is withdrawn from consideration for the first vending facility. The vending facility location shall be offered to the next qualified bidder.

(3) Locations that are not awarded to a current licensee shall be offered in order of seniority to persons on the potential licensee list who have bid. Certification as a potential licensee and seniority on the list of potential licensees are the criteria for award to a potential licensee, as set forth in the program operations manual.

(4) For nonmandated facilities, the building grantor may hold an interview and choose a candidate from a list of qualified bidders provided by the program. The commission shall not be involved in the final decision. If a bidder is offered a nonmandated vending facility and does not accept it, then the rejection of the offer shall be confirmed in writing by the bidder.

(5) Bid acceptance shall be addressed to the program administrator at the commission.

(6) All rejections of offers shall be directed to the commission within 72 hours after the offer is made. A future bid shall not be considered until a letter declining a previous offer is received.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.52 Committee; creation; powers and duties {#sec-r-393.52 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.52}

Rule 52. (1) The committee shall consist of 11 members elected by the licensees.

The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees.

(2) The committee shall do all of the following:

(a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267.

(b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program.

(c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances.

(d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees.

(e) Actively participate with the commission in the development of training and retraining programs for licensees.

(f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state.

(g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it.

(h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency.

(i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program.

(j) Record and transcribe committee minutes.

(3) The subcommittee chairperson shall ensure that subcommittee members are notified of subcommittee meetings.

(4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year.

(5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.53 Committee election and representation {#sec-r-393.53 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.53}

Rule 53. The commission shall conduct the annual election of the members of the committee. The committee shall be fully representative of all licensees in the program on the basis of factors such as geography and vending facility type, with a goal of providing for proportional representation of licensees on federal, state, and other property.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.54 Dispute resolution {#sec-r-393.54 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.54}

Rule 54. (1) Any decision of the program is appealable.

(2) Dispute resolution shall commence with an attempt to resolve problems between a licensee and a promotional agent through direct discussion. A licensee shall initiate dispute resolution by contacting the promotional agent and verbally communicating about the problem or by submitting a written communication stating the problem. The licensee's communication shall include a proposed solution. The promotional agent shall document the attempted resolution.

(3) If a promotional agent is unable to resolve the problem with the licensee, then a licensee may request an administrative review by the commission.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.55 Administrative review {#sec-r-393.55 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.55}

Rule 55. (1) The purpose of an administrative review is to provide an informal procedure to enable a licensee to seek a remedy for dissatisfaction with an action of the commission arising from the operation or administration of the vending facility program that does not directly involve suspension and termination of a licensee's license. The commission shall make every effort to resolve licensee complaints at the administrative review level, since the resolution of disputes at the earliest possible time is mutually advantageous to all parties concerned. Resolution efforts are not intended to discourage or interfere with the licensee's rights to pursue the formal full evidentiary hearing process. A licensee may request, in writing, an administrative review within 15 working days from the date of the mailing, or the receipt, of notification of the commission action sought to be reviewed. This review shall be by a member or members of the administrative staff of the commission who have not directly or indirectly participated in the commission action in question. A written request for an administrative review shall contain a description of the complaint and the remedy that is sought. The request for an administrative review shall include all of the following information:

(a) The action with which the complainant is dissatisfied and the date of the action.

(b) A citation to the promulgated rule that has been violated or a statement of the injury incurred by the complainant.

(c) A proposed remedy to the complaint.

(2) An administrative review shall be held at a time and place mutually agreed upon by the commission and the complainant. An administrative review shall be held during regular commission working hours at a district or local commission office. An administrative review shall be conducted within 15 working days of receipt by the commission of a written request, notwithstanding extenuating circumstances.

(3) Transportation, reader service, or other communication services, if needed, shall be arranged for the licensee by the commission.

(4) The requested actions and decisions resulting from the review shall be maintained as part of the official record of the administrative review process.

(5) If an informal administrative review does not resolve the dispute to the satisfaction of the licensee, then the licensee may submit a request, to the commission, for a full evidentiary hearing.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.56 Evidentiary hearings {#sec-r-393.56 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.56}

Rule 56. (1) A licensee who is dissatisfied with an action of the commission arising from the operation or administration of the vending facility program may file a complaint with the commission requesting a full evidentiary hearing as required by the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §§107 to 107f, and the provisions of 34 C.F.R. §395.13 (July 1, 1981). When a licensee is licensed, he or she shall be informed, in writing, of his or her right to, and the procedures to be followed in obtaining, a full evidentiary hearing.

(2) To request a full evidentiary hearing, a licensee shall file a written request with the commission within 15 working days from the date of the mailing of the decision issued as a result of an administrative review. If a licensee's request for a hearing is not timely, and if there is no showing of good cause for a late request, then the commission's administrative review is final.

(3) The commission, which shall be considered a party to an appeal, shall have 15 working days from service of the request for a hearing to file a response with the hearings office.

(4) The hearings office shall have 15 working days after receipt of the agency response to notify both parties of the time, date, and place of the hearing. The hearing shall be held at a time and place that is convenient to the licensee who is requesting a full evidentiary hearing.

(5) Hearings shall be conducted pursuant to the procedures in contested cases set forth in chapter 4 of 1969 PA 306, MCL 24.271 to 24.287.

(6) Witnesses may be subpoenaed by the hearings officer on his or her own motion.

Witnesses requested by the parties may also be subpoenaed by the hearings officer if the evidence of the witnesses is considered necessary and is not cumulative. Witnesses subpoenaed shall be allowed fees at the rate fixed by law. Witnesses the commission subpoenas shall be paid by the commission out of the funds appropriated for its administration.

(7) Any person may be represented by an attorney or other representative or may represent himself or herself.

(8) The hearings officer shall render a written proposed decision after the record is closed.

(9) If all requested documentation is available to the commissioners, they shall have 60 calendar days from receipt of the proposed decision to render a final agency decision.

(10) If a licensee is dissatisfied with the final agency decision, then the licensee may request that an ad hoc arbitration panel be convened, as authorized by the provisions of 34 C.F.R. §395.13 (July 1, 1981).

(11) A licensee shall be advised that the decision of the ad hoc arbitration panel is final and binding on the parties, unless the decision is appealed pursuant to the provisions of the government organization and employees act, 5 U.S.C. §101 et seq.

History

• History: 2004 AACS.

Mich. Admin. Code R 393.101 Rescinded {#sec-r-393.101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.101}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.102 Rescinded {#sec-r-393.102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.102}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.103 Rescinded {#sec-r-393.103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.103}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.104 Rescinded {#sec-r-393.104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.104}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.105 Rescinded {#sec-r-393.105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.105}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.106 Rescinded {#sec-r-393.106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.106}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.107 Rescinded {#sec-r-393.107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.107}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.108 Rescinded {#sec-r-393.108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.108}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.109 Rescinded {#sec-r-393.109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.109}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.110 Rescinded {#sec-r-393.110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.110}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.111 Rescinded {#sec-r-393.111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.111}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.112 Rescinded {#sec-r-393.112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.112}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.113 Rescinded {#sec-r-393.113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.113}

History

• History: 1983 AACS; 2004 AACS.

Mich. Admin. Code R 393.199 Rescission {#sec-r-393.199 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.199}

Rule 99. R 400.261 to R 400.276 of the Michigan Administrative Code, appearing on pages 3013 to 3016 of the 1979 Michigan Administrative Code, are rescinded.

History

• History: 1983 AACS.

R 393.201 to R 393.204 Client Appeal Procedures

Mich. Admin. Code R 393.201 Adoption by reference of federal regulations {#sec-r-393.201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.201}

DEPARTMENT OF LABOR

COMMISSION FOR THE BLIND

CLIENT APPEAL PROCEDURES

(By authority conferred on the commission for the blind by section 33 of Act No. 306 of the Public Acts of 1969, as amended, and section 5 of Act No. 260 of the Public Acts of 1978, as amended, being SS24.233 and 393.355 of the Michigan Compiled Laws)

Rule 1. The Michigan commission for the blind adopts by reference in these rules the client appeal procedure as delineated in the provisions of 34 C.F.R. SS361.1 and 361.48, entitled "State Vocational Rehabilitation Services Program," as published in 53 F.R. 92, pp. 16982 to 16988 (May 12, 1988). Copies of the adopted regulations may be obtained from the Michigan Commission for the Blind, 309 N. Washington Square, P.O. Box 30015, Lansing, MI 48909, in print, braille, or tape, at no cost, or from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, at a cost of $12.00.

History

• History: 1984 AACS; 1990 AACS.

Mich. Admin. Code R 393.202 Rescinded {#sec-r-393.202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.202}

History

• History: 1984 AACS; 1990 AACS.

Mich. Admin. Code R 393.203 Rescinded {#sec-r-393.203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.203}

History

• History: 1984 AACS; 1990 AACS.

Mich. Admin. Code R 393.204 Rescinded {#sec-r-393.204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 393.204}

History

• History: 1984 AACS; 1990 AACS.

Michigan Rehabilitative Services Michigan Rehabilitative Services

R 395.1 to R 395.91 Vocational Rehabilitation

Mich. Admin. Code R 395.1 Rescinded {#sec-r-395.1 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.1}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

MICHIGAN REHABILITATION SERVICES

VOCATIONAL REHABILITATION

(By authority conferred on the director of the department of labor and economic opportunity by sections 2a and 2b of the proprietary schools act, 1943 PA 148, MCL 395.102a and 395.102b, and sections 3, 4, and 6 of the rehabilitation act of 1964, 1964 PA 232, MCL 395.83, 395.84, and 395.86; Executive Reorganization Order Nos. 1999-1, 2003-1, 2012-5, and 2019-3, MCL 408.40, 445.2011, 445.2033, and 125.1998; and in accord with the workforce innovation and opportunity act, Public Law 113-128)

History

• History: 1954 AC; 1979 AC; 1998-2000 AACS; 2015 AACS.

Mich. Admin. Code R 395.2 Rescinded {#sec-r-395.2 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.2}

History

• History: 1954 AC; Rescinded 1954 ACS 24, Eff. Nov. 12, 1960.

Mich. Admin. Code R 395.3 Rescinded {#sec-r-395.3 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.3}

History

• History: 1954 AC; 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 395.4 Rescinded {#sec-r-395.4 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.4}

History

• History: 1954 AC; 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 395.5 Rescinded {#sec-r-395.5 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.5}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.6 Rescinded {#sec-r-395.6 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.6}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.7 Rescinded {#sec-r-395.7 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.7}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.8 Rescinded {#sec-r-395.8 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.8}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.21 Rescinded {#sec-r-395.21 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.21}

History

• History: 1954 AC; 1979 AC; 1998-2000 AACS; 2015 AACS.

Mich. Admin. Code R 395.22 Rescinded {#sec-r-395.22 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.22}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.23 Rescinded {#sec-r-395.23 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.23}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.24 Rescinded {#sec-r-395.24 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.24}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.31 Rescinded {#sec-r-395.31 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.31}

History

• History: 1954 AC; 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 395.32 Rescinded {#sec-r-395.32 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.32}

History

• History: 1954 AC; 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 395.33 Rescinded {#sec-r-395.33 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.33}

History

• History: 1954 AC; 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 395.34 Rescinded {#sec-r-395.34 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.34}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.35 Rescinded {#sec-r-395.35 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.35}

History

• History: 1954 AC; 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.41 Rescinded {#sec-r-395.41 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.41}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 395.42 Rescinded {#sec-r-395.42 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.42}

PART 1. ELIGIBILITY FOR REHABILITATION SERVICE

History

• History: 1979 AC. 2015 AACS.

Mich. Admin. Code R 395.51 Definitions {#sec-r-395.51 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.51}

Rule 1. As used in these rules:

(a) “Clear and convincing evidence” means that MRS concludes, with a high degree of certainty, that an individual is incapable of benefitting from services in terms of an employment outcome. The clear and convincing standard constitutes the highest standard used in civil law and is to be individually applied on a case-by-case basis. The term clear means unequivocal. For example, the use of an intelligence test result alone would not constitute clear and convincing evidence. Clear and convincing evidence might include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability. The demonstration of clear and convincing evidence must include, if appropriate, a functional assessment of skill development activities, with any necessary supports, including assistive technology, in real life settings.

(b) “Client assistance program” or the “CAP” means the program under the rehabilitation act of 1973, 29 USC 732. The CAP provides assistance in informing and advising all applicants and individuals eligible for vocational rehabilitation services of all available benefits under the rehabilitation act of 1973, 29 USC 701 to 796l. On request of applicants or eligible individuals, the CAP assists and advocates for the applicants or eligible individuals in their relationships with projects, programs, and services provided under the rehabilitation act of 1973, 29 USC 701 to 796l, including assistance and advocacy in pursuing legal, administrative, or other appropriate remedies to ensure the protection of the rights of the individuals under the rehabilitation act of 1973, 29 USC 701 to 796l, and to facilitate access to the services funded under the rehabilitation act of 1973, 29 USC 701 to 796l, through individual and systemic advocacy.

(c) “Comparable services and benefits” means services and benefits, not including awards and scholarships based on merit, that are provided or paid for, in whole, or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits that are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual’s IPE and that are commensurate to the services the individual would otherwise receive from MRS.

(d) “Competitive integrated employment” means work that complies with the following:

(i) Is performed on a full-time or part-time basis, including self-employment, and for which an individual is compensated at a rate that includes all of the following:

(A) Is not less than the higher of the rate specified in section 6(a)(1) of the fair labor standards act of 1938, 29 USC 206, or the rate required under the applicable state or local minimum wage law for the place of employment.

(B) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills.

(C) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills.

(D) Is eligible for the level of benefits provided to other employees.

(ii) Is at a location where the employee with a disability interacts for the purpose of performing the duties of the position with other individuals, for example, other employees, customers, and vendors, who are not individuals with disabilities, not including supervisory personnel or individuals who are providing services to such employee, to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these individuals.

(iii) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

(e) “Cost of attendance” means the total amount it will cost a student to attend school in a year.

(f) “Customized employment” means competitive integrated employment (CIE), for an individual with a significant disability or most significant disability, that meets all the following:

(i) Is based on an individualized determination of the unique strengths, needs, and interests of the individual with a significant disability.

(ii) Is designed to meet the specific abilities of the individual with a significant disability or most significant disability and the business needs of the employer.

(iii) Is carried out through flexible strategies, such as job exploration by the individual, and working with an employer to facilitate placement, including all of the following:

(A) Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs.

(B) Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision, including performance evaluation and review, and determining a job location.

(C) Using a professional representative chosen by the individual, or if elected selfrepresentation, to work with an employer to facilitate placement.

(D) Providing services and supports at the job location.

(g) “Employment outcome” means, with respect to the individual, entering, advancing in, or retaining full-time, or, if appropriate, part-time competitive integrated employment, including customized employment, self-employment, telecommuting, or business ownership, or supported employment that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(h) “Individualized plan for employment” or “IPE” means an individualized plan for employment as described in R 395.67 to R 395.71.

(i) “Michigan rehabilitation services” or “MRS” means the part of a network of vocational rehabilitation programs across the United States authorized by the rehabilitation act of 1973, 29 USC 701 to 796l.

(j) “Part-time” means employment that is permanently assigned to an employee that is less than 30 hours of work per week.

(k) “Post-employment services” means one or more vocational rehabilitation services that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.”

(l) “Pre-employment transition services” or “Pre-ETS” means the required activities and authorized activities specified in 34 CFR 361.48(a)(2) and (3).

(m) “Rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities.

(n) “Substantial impediment to employment” means that a physical or mental impairment hinders an individual from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the individual’s abilities and capabilities.

(o) “Vocational rehabilitation services” or “VRS” means those services, if provided to an individual, listed in 34 CFR 361.48, and, if provided for the benefit of groups of individuals, those services listed in 34 CFR 361.49.

History

• History: 2015 AACS; 2024 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.52 Implementation of processes; policy {#sec-r-395.52 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.52}

Rule 2. MRS shall publish and make available to the public procedures for the implementation of these rules.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.53 Purpose {#sec-r-395.53 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.53}

Rule 3. (1) MRS shall assess, plan, develop, and provide vocational rehabilitation services for eligible individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, to prepare for and engage in competitive integrated employment and achieve economic selfsufficiency.

(2) MRS shall make available Pre-ETS statewide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services.

(3) MRS shall engage with employers to increase job opportunities for individuals with disabilities.

(4) MRS provides services in accordance with the provisions of an IPE. Each IPE must be designed to achieve a specific employment outcome that is selected by the individual consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Each IPE must include a description of the specific vocational rehabilitation services needed to achieve the employment outcome. Services provided must be needed to achieve the individual’s employment outcome, available, of sufficient quality, and be provided at the least cost to meet the individual’s rehabilitation needs consistent with 2 CFR 200.403 to 200.405.

History

• History: 2015 AACS; 2024 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.54 General requirements {#sec-r-395.54 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.54}

Rule 4. (1) MRS shall not discriminate on the basis of race, religion, age, national origin, color, height, weight, marital status, sex, sexual orientation, gender identity or expression, political beliefs, disability, participant status in a workforce innovation and opportunity act-funded program, or discriminate against certain non-citizens as defined by section 188 of the Workforce Innovation and Opportunity Act, 29 USC 3248.

(2) MRS shall not impose, as part of determining an individual’s eligibility for vocational rehabilitation services, a duration of residence requirement that excludes any applicant who is legally present in this state.

(3) Throughout the individual’s rehabilitation program, every opportunity must be provided to the individual to make informed choices regarding the rehabilitation process.

MRS shall maintain documentation of opportunities for making informed choices in the individual’s case record.

(4) MRS shall establish and maintain a case record for each individual and recipient of vocational rehabilitation services, which includes data necessary to comply with MRS and federal Rehabilitation Services Administration requirements.

(5) MRS shall make administrative decisions about the district and office boundaries in which individuals are served. Individuals do not have a right to select the office or district in which they are served or the counselor who serves them.

(6) Individuals are served in geographic MRS districts and offices according to their residence. Individuals who change their residence may have the option to have their cases transferred, with supervisory approval, to the district or office to which they have moved.

(7) Individuals have the right to appeal the denial of a request to change counselors within an office.

(8) Case service expenditures, whether assessment or IPE services, require written authorization by MRS before or simultaneously with the initiation of the service.

Retroactive authorizations are allowed within the current and previous fiscal year if the individual receiving MRS services made reasonable efforts to ensure MRS was able to provide the service and failure to authorize payment for services is due to MRS error or delay. MRS will issue retroactive authorizations prior to the current a previous fiscal year if required to do so by order of an administrative law judge or other legally-mandated process.

(9) Goods and services must be provided subject to the statewide availability of funds.

Each IPE must be developed and implemented in a manner that gives the individual the opportunity to exercise informed choice in selecting the vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services are provided, and the entity or entities that provide the vocational rehabilitation services.

(10) When appropriate, the MRS counselor shall provide the referral necessary to support the individual with disabilities in securing needed services from other agencies and organizations.

(11) The MRS counselor shall inform each individual of the right to obtain a review of determinations made by MRS that affect the provision of vocational rehabilitation services, including the right to pursue mediation and provide applicants and eligible individuals with notice of the availability of the CAP to assist the applicant or recipient during mediation sessions or impartial due process hearings.

History

• History: 2015 AACS; 2024 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.55 Confidentiality {#sec-r-395.55 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.55}

Rule 5. (1) MRS shall keep all personal information concerning individuals, including but not limited to, photographs and lists of names, confidential.

(2) MRS may release personal information only to individuals or entities directly connected with the administration of the vocational rehabilitation program and only to the extent permitted under federal regulations governing the vocational rehabilitation program. Information containing identifiable personal information shall not be shared with advisory or other bodies that do not have official responsibility for administration of the program.

(3) MRS shall release personal information only with the informed, written consent of the individual. MRS shall release personal information without informed, written consent of the individual as needed to protect the applicant from physical harm to self or others and in response to any of the following:

(a) Law enforcement, fraud, or abuse investigations.

(b) In response to a judicial order.

(c) When required by federal statute or regulation.

(d) For audit, research, or evaluation purposes as allowed under the federal regulations 34 CFR 361.38(d).

(e) In a suspected case of abuse, neglect, exploitation, or endangerment of the individual.

(4) Information obtained from another agency or organization shall be released only by, or under the conditions established by, the other agency/organization.

(5) When requested in writing by an individual, MRS shall make the information requested accessible to the individual and release the information to the individual or the individual’s representative in a timely manner.

(6) Medical, psychological, and other information that may be potentially harmful to the individual shall not be directly released to the individual but shall be released instead to a third party chosen by the individual that may include any of the following:

(a) A qualified medical or mental health professional.

(b) Advocate.

(c) Family member.

(d) Legal guardian.

(7) MRS may release information to parents or legal guardians of individuals who are minors under the same conditions as it may be released directly to individuals.

(8) Release of information to an individual, agency, or organization other than those specified in these rules shall contain a statement precluding its further release.

(9) MRS counselors shall advise individuals and providers of information of the confidentiality and release restrictions in this rule through appropriate means of communication.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.56 Application for MRS services {#sec-r-395.56 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.56}

Rule 6. To apply for MRS services, an individual, or his or her representative as appropriate, shall do all of the following:

Complete and sign an MRS application form or otherwise request services and provide the equivalent information.

Provide information necessary to determine eligibility and priority for services.

Be available to complete the assessment process.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.57 Eligibility criteria {#sec-r-395.57 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.57}

Rule 7. (1) An individual is eligible for MRS services if, after an assessment has been conducted, MRS determines that the individual meets both of the following:

(a) Has a physical or mental impairment which, for the individual, constitutes or results in a substantial impediment to employment.

(b) Requires MRS to prepare for, secure, retain, advance in, or regain employment consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. For purposes of an assessment for determining eligibility and vocational rehabilitation needs under the act, an individual shall be presumed to have a goal of an employment outcome.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.58 Presumption of benefit {#sec-r-395.58 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.58}

Rule 8. All individuals who apply for services, including individuals who have been determined to have a disability under social security disability insurance and supplemental security income, are presumed to be able to benefit in terms of an employment outcome from VRS unless found to be ineligible for services due to the severity of the disability by clear and convincing evidence.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.59 Eligibility determination {#sec-r-395.59 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.59}

Rule 9. The responsibility for making an eligibility determination shall be made by a qualified vocational rehabilitation counselor employed by MRS and shall not be delegated to any other individual or agency.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.60 Time frame for eligibility determination {#sec-r-395.60 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.60}

Rule 10. (1) MRS shall make an eligibility determination for MRS services no later than 60 days after the date of application unless the individual is notified in writing of either of the following:

(a) That the eligibility period is being extended because exceptional and unforeseen circumstances beyond control of the MRS counselor preclude the MRS counselor from completing the determination within the prescribed time frame, and the individual agrees that a specific extension of time is warranted.

(b) When trial work experiences are necessary to determine if the individual is capable of benefiting, in terms of an employment outcome, from vocational rehabilitation services. Trial work experiences are only conducted when the MRS counselor has serious doubt about the individual’s ability to benefit from MRS services to achieve an employment outcome.

(2) Extending the eligibility determination period as described in R 395.64 is not applicable to supplemental security income recipients or social security disability insurance beneficiaries seeking MRS services pursuant to the federal requirements under 34 CFR 361.42(a)(3)(B)(ii). The MRS counselor shall make an eligibility determination for recipients of social security disability benefits no later than 60 days after the date of application.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.61 Extended eligibility determinations and trial work experiences {#sec-r-395.61 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.61}

Rule 11. (1) Before an individual with a significant disability can be determined to be incapable of benefiting from services in terms of an employment outcome, MRS shall provide trial work experience.

(2) The presumption of employability continues during trial work experiences and may be refuted only if MRS demonstrates by clear and convincing evidence that the individual cannot benefit from services in terms of an employment outcome.

(3) During the trial work experience, MRS shall explore the individual's abilities, capabilities, and capacity to perform in work situations in the most integrated settings with appropriate supports except under limited circumstances when an individual cannot or is not ready to take advantage of such experiences. These circumstances include individuals who are medically unstable and require treatment to achieve stability and individuals whose disabilities are not treatable, remediable, or who are near death.

(4) Trial work experiences must be of sufficient variety and over a sufficient period of time, and with appropriate supports, so that a MRS counselor may determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the individual's disability.

(5) A MRS counselor shall develop a trial work experience plan that includes identification of the services necessary to determine eligibility and the nature and scope of services required to achieve an employment outcome.

(6) An individual, or the individual's representative, shall be a full and active participant in the development of the individual's trial work experience plan and in the selection of services and service providers and shall sign and be provided a copy of the written document.

(7) A MRS counselor shall regularly and routinely evaluate the progress of individuals in trial work experiences toward achieving eligibility determinations.

(8) A MRS counselor can make an eligibility determination at any time during a trial work experience.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.62 Presumption of eligibility for recipients of social security disability benefits {#sec-r-395.62 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.62}

Rule 12. (1) All of the following apply to individuals who are recipients of social security disability benefits, based on a disability:

(a) Considered to be an individual with a significant disability.

(b) Presumed to be eligible for vocational rehabilitation services, provided the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, unless the vocational rehabilitation counselor can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting due to the severity of the disability of the individual.

(c) Once an individual has been informed of the employment nature of the program, the completion of a MRS application for services must be considered as intent to achieve an employment outcome.

(2) For an individual desiring to enter the workforce who is entitled to benefits under Title II or XVI of the social security act, 42 USC 401 to 434 and 1381 to 1383f, on the basis of a disability or blindness, the designated state unit shall provide to that individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning.

(3) The MRS counselor shall make an eligibility determination for recipients of social security disability benefits no later than 60 days after the date of application unless the individual’s ability to benefit is in question and a trial work experience plan is developed.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.63 Use of existing information {#sec-r-395.63 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.63}

Rule 13. (1) To the maximum extent possible, the MRS counselor shall make an eligibility determination based on existing and current information, including any of the following:

(a) Information available from other programs and providers.

(b) Schools.

(c) Social security administration.

(d) Information provided by the individual and the family.

(2) To the maximum extent appropriate, the MRS counselor shall rely on information obtained from experiences in integrated employment settings in the community and in other integrated community settings.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.64 Ineligibility {#sec-r-395.64 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.64}

Rule 14. (1) In all cases where the counselor determines that an individual does not meet the requirements for eligibility, the case record shall include a certification of ineligibility.

(2) The certification shall be signed and dated by the counselor and include documentation of the reasons for the ineligibility determination.

(3) Ineligibility decisions concerning the severity of a disability must be based on clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome due to the severity of the individual’s disability as of the date of the determination, and require the counselor to explore the individual’s abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences. The ineligibility determination shall be both of the following:

(a) An individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities.

(b) Made only after providing an opportunity for full consultation with the individual or, as appropriate, the individual’s representative.

(4) The individual, or as appropriate, the individual’s representative, shall be informed in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the clear and convincing evidence that forms the basis for the determination of ineligibility, including both of the following:

(a) The reasons for the determination.

(b) A description of the means by which the individual may express, and seek a remedy for, any dissatisfaction with the determination, including the procedures for review by an impartial hearing officer.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.65 Rescinded {#sec-r-395.65 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.65}

History

• History: 2015 AACS; 2024 AACS.

Mich. Admin. Code R 395.66 Comprehensive assessment of rehabilitation needs {#sec-r-395.66 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.66}

Rule 16. (1) A MRS counselor shall conduct a vocational needs assessment to determine the goals, nature, and scope of rehabilitation services to be included in the IPE.

(2) The assessment described in this rule shall begin simultaneously with the assessment for eligibility and be carried out in integrated settings to the extent appropriate and consistent with the individual's informed choice.

(3) The emphasis in the assessment shall be on using existing and current information to the maximum extent possible, and information provided by the individual and by the individual's family, as appropriate.

(4) When current or existing information is not sufficient to assess vocational rehabilitation needs, a comprehensive assessment shall be provided which shall include all of the following concerning the individual:

(a) Strengths.

(b) Resources.

(c) Priorities.

(d) Concerns.

(e) Abilities.

(f) Capabilities.

(g) Rehabilitation needs, including the need for supported employment.

(5) The individual shall be an active participant in the choice of assessments and providers.

(6) The comprehensive assessment is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop an IPE. To the degree needed, the comprehensive assessment shall include the following:

(a) An assessment of the individual’s personality; career interests; interpersonal skills; intelligence and related functional capacities; educational achievements; work experience; vocational aptitudes; personal and social adjustment; employment opportunities available to the individual; medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual.

(b) An appraisal of the individual’s work behavior and services needed to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavioral patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in the work environment.

(c) Where appropriate, the provision of rehabilitation technology services to assess and develop the capacities of the individual to perform in an integrated work environment.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.67 Individualized plan for employment (IPE) {#sec-r-395.67 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.67}

Rule 17 (1) The MRS counselor shall design the IPE to achieve an employment outcome of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice of the individual.

(2) The case record must support the selection of the vocational goal.

(3) The IPE shall be signed by the individual or, as appropriate, the individual's representative and by a qualified MRS rehabilitation counselor. The IPE is not a legal contract between MRS and the individual.

(4) Planning and approval of the IPE shall be conducted within the framework of a counseling relationship.

(5) MRS counselor approval of an IPE verifies that the IPE is consistent with MRS policies and guidelines, is complete, and is expected to lead to an employment outcome.

MRS counselors shall provide a copy of the IPE, and any amendments, to the eligible individual.

(6) Vocational rehabilitation goods and services may only be provided in accordance with the IPE.

(7) MRS shall provide individuals with written notification of appeal rights, including the name and address of the person with whom an appeal may be filed, and the availability of the CAP during IPE development, and whenever MRS-authorized services are denied, reduced, suspended, or terminated.

(8) The MRS shall notify individuals in writing 10 working days before the termination, reduction, or suspension of a MRS authorized service.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.68 Standards for development; review {#sec-r-395.68 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.68}

Rule 18. (1) The IPE shall be completed promptly by both the MRS counselor and the individual, but no more than 90 days following eligibility certification, unless the individual and MRS counselor require more time to arrive at an agreed upon IPE.

(2) The IPE will be reviewed at least annually by a qualified vocational rehabilitation counselor and the individual or, as appropriate, the individual’s representative, to assess the individual’s progress in achieving the identified employment outcome.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.69 IPE development extension {#sec-r-395.69 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.69}

Rule 19. (1) If more than 90 days are required to develop the IPE, an IPE development extension shall be requested providing all of the following:

(a) Reason for extension.

(b) Activities or services planned to complete the IPE.

(c) The agreed upon plan extension date.

(2) For students in the K-12 educational system who are eligible for MRS services, the IPE shall be developed and completed before the student leaves the school setting. An agreed upon delay in developing an IPE is not an option for eligible transition students if the delay in development extends beyond the student’s exit from school.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.70 Options for developing IPE {#sec-r-395.70 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.70}

Rule 20. (1) The MRS counselor shall provide the individual, or the individual’s representative, information on the individual’s options for developing an IPE.

(2) MRS shall not pay for an agency, or a representative, to develop an IPE.

(3) The options for developing all or part of the IPE include the following:

(a) With assistance from a MRS vocational rehabilitation counselor, to the extent determined to be appropriate by the individual.

(b) With technical assistance from the MRS program, or other representatives selected by the individual.

(c) The individual alone without assistance.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.71 Required components of IPE {#sec-r-395.71 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.71}

Rule 21. The IPE shall include the following:

(a) Specific vocational goal, which must be based on the assessment for determining vocational rehabilitation needs, including the individual’s career interests, and must be in an integrated setting.

(b) A description of the specific vocational rehabilitation services that meet both of the following:

(i) Needed to achieve the vocational goal, including, as appropriate, the provision of assistive technology services and personal assistance services, including training in the management of such services.

(ii) Provided in the most integrated setting that is appropriate for the service involved, and is consistent with the informed choice of the individual.

(c) Timelines for the achievement of the employment outcome, and for the initiation of the services.

(d) A description of the entity chosen by the individual, or as appropriate, the individual’s representative that will provide the vocational rehabilitation services and the methods used to procure such services.

(e) Description of the criteria to evaluate the progress towards achievement of the employment outcome.

(f) The terms and conditions of the IPE, including, as appropriate, information describing all of the following:

(i) The responsibilities of MRS.

(ii) The responsibilities that the individual will assume in relation to the vocational goal.

(iii) The responsibility of the individual with regard to applying for and securing comparable benefits.

(g) For individuals for whom an employment outcome in a supported-employment setting has been determined to be appropriate, information identifying both of the following:

(i) The extended services needed by the individual after closure.

(ii) The source of extended services, or to the extent that the source of extended services cannot be identified at the time of the development of the IPE, a description of the basis for concluding that there is a reasonable expectation that such source will become available.

(h) As determined to be necessary, a statement of projected need for postemployment services.

(i) An assurance that the individual has been informed of his or her rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for a review of the rehabilitation determination, as described in R 395.83 to R 395.87 and assurance that the individual has been provided a detailed explanation of the availability of the resources within the CAP.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.72 Participation; individuals with disabilities; cost of IPE services {#sec-r-395.72 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.72}

Rule 22. (1) Individuals shall be encouraged to participate in the cost of the services listed in their IPE to the extent they are able to do so.

(2) Financial participation in the cost of services is not required except in the areas of college and vocational training.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.73 Comparable benefits and services in the IPE {#sec-r-395.73 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.73}

Rule 23. (1) If comparable services and benefits are available to the individual, the services and benefits must be utilized to meet, in whole or part, the cost of vocational rehabilitation services.

(2) If comparable services or benefits exist under any other program, but are not available to the individual at the time needed to satisfy the rehabilitation objectives in the individual’s IPE, MRS shall provide vocational rehabilitation services until those comparable services and benefits become available.

(3) The utilization of comparable services and benefits do not apply in the following situations:

(a) If the determination of the availability could delay or interrupt the progress of the individual toward achieving the employment outcome identified in the individualized plan for employment.

(b) If the determination of the availability would delay the provision of vocational rehabilitation to any individual who is at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

(c) If an immediate job placement would be lost due to a delay in the provision of comparable benefits.

(4) The following categories of service are exempt from a determination of the availability of comparable services and benefits:

(a) Assessment for determining eligibility, priority for services, and vocational rehabilitation needs.

(b) Vocational rehabilitation counseling, guidance, and referral services.

(c) Vocational and other training services, such as personal and vocational adjustment services, books, tools, and other training material not associated with training in an institute of higher education, that are defined as colleges and universities, community and junior colleges, vocational and technical schools or institutes, and hospital schools of nursing.

(d) Awards and scholarships based on merit.

(e) Rehabilitation technology services, including vehicle modifications.

(f) Placement services.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.74 Services; general {#sec-r-395.74 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.74}

Rule 24. (1) The services MRS counselors may provide, arrange, or purchase for an individual with a disability include those services related to an IPE necessary to assist the individual in preparing for, securing, retaining, or regaining an employment outcome in an integrated setting that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(2) MRS services provided shall be published in MRS policy and be made available to the public.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.75 Post-secondary education and vocational training financial needs test {#sec-r-395.75 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.75}

Rule 25. (1) College or vocational training may be provided as an IPE-related service when an individual requires new knowledge and skills to achieve an employment goal consistent with the individual’s abilities, capabilities, and informed choice.

(2) Individuals shall make maximum effort to secure grant assistance in whole or in part from other sources to pay for post-secondary training. Counselors shall inform individuals considering post-secondary education that the individuals shall make timely annual application for post-secondary financial aid.

(3) MRS shall not provide financial assistance for any item covered in the cost of training attendance if the individual, or individual’s family as applicable, fails to make maximum effort to apply for, or refuses to accept, federal, state, institutional, and other grants, need-based scholarships, or tuition waivers for which they may be eligible.

(4) Financial support for college or vocational training must be consistent with MRS’ policy of purchasing the service that meets the individual’s vocational rehabilitation needs at least cost to MRS.

(5) MRS shall impose a financial needs test for the student’s cost of attendance of training at a post-secondary educational institution. The financial needs test utilized must be the federally established needs test using the Free Application for Federal Student Aid (FAFSA) or its equivalent, as required by the post-secondary institution, to determine student eligibility for state and federal financial aid.

(6) MRS shall not replace the expected family contribution, as determined by the postsecondary institution’s financial aid officer using the federal student aid report, in contributing toward the individual’s cost of attendance at a post-secondary institution.

(7) MRS shall not replace insurance benefits received, wholly or in part, as a settlement of liability for vocational rehabilitation services, in contributing toward the individual’s cost of attendance at a post-secondary institution.

(8) MRS may provide maximum financial support toward an individual’s cost of college or vocational training during the academic year of $3,500.00 and $1,200.00 for the summer semester. MRS may consider an exception to the maximum when other forms of student aid are excluded due to disability-related factors. MRS shall periodically adjust the maximum financial support figures in accordance with increases in the cost of living.

(9) Individuals who are eligible for social security benefits under Title II and XVI of the social security act, 42 USC 401 to 434 and 1381 to 1383f, shall be exempted from financial need test requirements.

(10) Individuals attending Michigan Career and Technical Institute are exempt from financial need test requirements and financial aid limitations for the cost of attendance.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.76 Rates of payment {#sec-r-395.76 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.76}

Rule 26. (1) MRS shall maintain a fee schedule for select vocational rehabilitation services. The fee schedule is a complete list of established rates of payment used to authorize and pay for specified services.

(2) The methodology for determining established rates of payment listed on the fee schedule must be made public and consider the costs, administrative burden, personnel of vendors, and utilize peer state research.

(3) The MRS fee schedule for vocational rehabilitation services is not absolute and MRS shall allow exceptions to the fee schedule so that individual needs can be addressed.

The MRS fee schedule for vocational rehabilitation services must not be so low as to effectively deny an individual a necessary service.

(4) MRS shall authorize services not listed on the fee schedule at the least cost to MRS that will ensure sufficient quality of services to meet the individual’s vocational rehabilitation need.

(5) MRS shall not place an absolute dollar limit on specific service categories or on the total services provided to an individual.

(6) MRS is not responsible for the cost of out-of-state services in excess of the cost of in-state services if either service would meet the individual’s vocational rehabilitation needs.

History

• History: 2015 AACS.; 2024 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.77 Case closure prior to eligibility {#sec-r-395.77 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.77}

Rule 27. The MRS counselor shall close an individual’s case record under any of the following conditions:

(a) It is determined that the individual does not meet MRS eligibility criteria.

(b) The individual selects an extended sheltered employment outcome after being informed of the integrated employment purpose of the program.

(c) The individual declines to participate in or is unavailable during an extended period to complete an eligibility assessment, and MRS has made a reasonable number of attempts to contact the individual or, as appropriate, the individual’s representative to encourage participation.

(d) The individual has chosen to assign his or her Ticket to Work to an alternative third party vocational rehabilitation service with which MRS does not have an Employment Network Agreement.

(e) The individual refuses services, is deceased, or is institutionalized.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.78 Case closure; severity of disability {#sec-r-395.78 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.78}

Rule 28. (1) A MRS counselor shall not close a case due to the severity of the individual's disability except when on the basis of clear and convincing evidence, and after a trial work experience or rehabilitation services have been provided, MRS determines that an employment outcome cannot be achieved.

(2) The individual, or parent or guardian as appropriate, shall be provided an opportunity to discuss an ineligibility decision before the individual's case is closed due to ineligibility.

(3) A MRS counselor shall prepare a certificate of ineligibility signed and dated by the MRS counselor for case closures due to ineligibility.

(4) Before closing a case non-rehabilitated for reasons of ineligibility due to severity of disability, the MRS counselor shall ensure that as part of the test of clear and convincing evidence, accommodation services and assistive technology would not enable the individual to become employed.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.79 Requirements for closing the record of services of an individual who has achieved an employment outcome {#sec-r-395.79 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.79}

Rule 29. The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:

(a) The individual has achieved the employment outcome that is described in the individual’s IPE.

(b) The employment outcome is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(c) The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services.

(d) The individual and MRS counselor consider the employment to be satisfactory and agree the individual is performing well on the job.

(e) The individual is informed through appropriate modes of communication of the availability of post-employment services.

History

• History: 2015 AACS; 2024 AACS.

Mich. Admin. Code R 395.80 Individual not rehabilitated; case closure {#sec-r-395.80 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.80}

Rule 30. (1) The MRS counselor may close the case record of an individual as not rehabilitated.

(2) Reasons for closing a case not rehabilitated other than for ineligibility include any of the following:

(a) Inability to locate the individual or the individual has moved out of state.

(b) Individual working with another employment network.

(c) Death of the individual.

(d) Extended services were not available for the individual.

(e) The individual was placed in a non-integrated setting for a public or nonprofit organization under extended employment.

(f) The individual will be in a facility such as a hospital, nursing home, or treatment center for a considerable period of time.

(g) The individual has been incarcerated in a prison, jail, or other criminal correction facility.

(h) The individual does not require MRS to prepare for, enter into, engage in, or retain gainful employment consistent with his or her strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.

(i) The individual is no longer interested in receiving services or further services, including an individual whose actions or non-actions make it impossible to begin or continue the vocational rehabilitation program.

(j) The individual has transferred to another agency.

(k) Transportation is not possible or available.

(l) The individual has committed an act of violence or threatened violence.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.81 Rehabilitation case closure; supported employment {#sec-r-395.81 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.81}

Rule 31. (1) The MRS counselor shall close rehabilitated in supported employment under any of the following circumstances:

(a) The employment represents competitive employment in an integrated setting.

(b) The individual is working towards competitive employment and is in an integrated work setting.

(2) The third party identified in the IPE shall confirm extended support services after case closure before a case is closed in supported employment.

History

• History: 2015 AACS; 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.82 Notice of case closure {#sec-r-395.82 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.82}

Rule 32. (1) An individual whose case is closed for any reason, except for death or no known address, shall be notified in writing of his or her case closure. The case closure notice shall include all of the following:

(a) The effective date of closure.

(b) A narrative description of the reason or reasons for closure.

(c) The right to appeal, including mediation, the closure decision.

(d) The process for seeking appeal and mediation, including the availability of the CAP to assist with an appeal.

(2) An individual shall be provided an opportunity to discuss case closure prior to the closure decision.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.83 Rescinded {#sec-r-395.83 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.83}

History

• History: 2015 AACS; 2024 AACS.

Mich. Admin. Code R 395.84 Review; hearing; costs {#sec-r-395.84 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.84}

Rule 34. (1) Individuals or, if appropriate, their representatives, have the right to appeal any decision made by MRS personnel that affects the provision of VRS with which they are dissatisfied by requesting a hearing.

(2) Written notification of the right to appeal, including the name and address of the person with whom an appeal may be filed, and the availability of the CAP, shall be provided to individuals at the following stages:

(a) At application.

(b) Case closure.

(c) When assigned an order of selection category.

(d) When an IPE is developed.

(e) Whenever an authorized service is reduced, suspended, or terminated.

(3) MRS shall provide any reasonable accommodations needed by an individual to participate in mediation and/or a hearing.

(4) Mediation and/or a hearing are provided at no cost to the individual.

(5) MRS is not responsible for any costs associated with the individual’s representation at the mediation session or hearing or with any cost associated with the appearance of witnesses presented by the individual at the mediation session or hearing.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.85 Informal review {#sec-r-395.85 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.85}

Rule 35. (1) Whenever possible, MRS shall attempt to resolve disagreements informally, prior to mediation or a hearing.

(2) An individual may request a meeting with the MRS counselor, the appropriate supervisor, and/or a CAP representative, if desired, to explore options for resolving disputes. An individual may request a meeting with the MRS counselor, the appropriate supervisor, and/or a CAP or individual’s representative, if desired, to explore options for resolving disputes.

(3) An individual may request mediation or a hearing immediately without undergoing the informal review.

(4) The informal review may not be used to deny or delay the individual’s right to pursue mediation or the hearing within the specified time period.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.86 Continuation of services pending completion of hearing {#sec-r-395.86 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.86}

Rule 36. Assessment, plan development, or IPE-related services that have been initiated shall not be suspended, reduced, or terminated pending mediation or the hearing decision unless the applicant or eligible individual or his or her representative so requests or there is evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the applicant, eligible individual, or his or her representative.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.87 Mediation {#sec-r-395.87 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.87}

Rule 37. (1) Mediation is a voluntary process conducted by a qualified and impartial mediator. At any point during the mediation process, either party, or the mediator, may elect to terminate the mediation.

(2) An individual may request mediation after his or her request for a hearing is received.

(3) MRS shall send the request for mediation to the hearings coordinator. The hearings coordinator will assign, on a random basis, a qualified impartial mediator. The hearings coordinator must schedule mediation in a timely manner.

(4) Mediation will be held in a location that is convenient to the parties in the dispute.

(5) An individual appealing MRS decisions has the right to submit evidence or relevant information and present witnesses to support his or her position at mediation.

(6) An agreement reached in the mediation process shall be set forth in a written mediation agreement and must be signed by both parties.

(7) Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding.

(8) Either party may enter the written signed mediation agreement as evidence in a subsequent hearing or civil proceeding.

(9) The individual may be represented at the mediation or hearing, including but not limited to, representation by the CAP.

(10) The mediation process may not be used to deny or delay the individual’s right to pursue a hearing within the specified time period.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.88 Hearing {#sec-r-395.88 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.88}

Rule 38. (1) An individual who is dissatisfied with any determination made by MRS concerning the provision of VRS may seek a redetermination of agency action before an impartial hearing officer.

(2) The individual must submit a written appeal within 30 calendar days of the agency notice regarding its determination or decision.

(3) Agency notice regarding the provision or denial of a service is not required to be in writing, unless it is a suspension, reduction, or termination of authorized services in an IPE.

(4) Individuals will be notified in writing 10 working days before the termination, reduction, or suspension of authorized services being provided under an IPE.

(5) If no request for hearing is made within 30 calendar days, the agency decision is considered final.

(6) The request for hearing shall be in writing, and shall describe the decision being appealed. MRS shall accommodate an individual’s disability and offer assistance, if appropriate, in the appeal process. The request for hearing shall be sent to the director of MRS who shall immediately forward the request to the hearings coordinator.

(7) The hearings coordinator shall forward the request for hearing to the Michigan Administrative Hearing System (MAHS) to be scheduled for a hearing with a qualified impartial hearing officer.

(8) The hearing shall be held within 60 calendar days of receipt of the request for hearing.

(9) The individual may waive the 60-day time frame to hold the hearing if both parties agree to an extension of time in writing.

(10) A hearing may be dismissed by MAHS if the individual or his or her representative does either of the following:

(a) Withdraws the hearing request in writing.

(b) Fails to appear at the hearing without good cause.

(11) The hearing shall be conducted by MAHS and shall include an opportunity for the individual or the individual’s representative to present witnesses and relevant evidence.

(12) The hearing officer shall issue a full written report of the findings and grounds for the decision within 30 days of the completion of the hearing.

(13) The hearing officer’s decision is final unless either party commences a civil action.

(14) Any party that disagrees with the final decision of the hearing officer has the right to file a civil action challenging the decision of the hearing officer. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.

History

• History: 2015 AACS.

Mich. Admin. Code R 395.89 Ability to serve all eligible individuals; order of selection for services {#sec-r-395.89 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.89}

Rule 39. (1) MRS shall have the ability to provide the full range of services listed in 34 CFR 361.48, as appropriate, to all eligible individuals or, in the event that vocational rehabilitation services cannot be provided to all eligible individuals in this state who apply for the services, include in the vocational rehabilitation services portion of the unified or combined state plan the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services.

(2) The ability of MRS to provide the full range of vocational rehabilitation services to all eligible individuals must be supported by a determination that satisfies the requirements of subrules (1) to (3) of this rule and a determination that, on the basis of MRS's projected fiscal and personnel resources and its assessment of the rehabilitation needs of individuals with significant disabilities within this state, MRS can complete all of the following:

(a) Continue to provide services to all individuals currently receiving services.

(b) Provide assessment services to all individuals expected to apply for services in the next fiscal year.

(c) Provide services to all individuals who are expected to be determined eligible in the next fiscal year; and (d) Meet all program requirements.

(3) If MRS is unable to provide the full range of vocational rehabilitation services to all eligible individuals in this state who apply for the services, the vocational rehabilitation services portion of the unified or combined state plan must address all of the following:

(a) Show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services.

(b) Provide a justification for the order of selection.

(c) Identify service and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order, as required under 34 CFR 361.29(c)(5).

(d) Ensure both of the following:

(i) In accordance with criteria established by the MRS for the order of selection, individuals with the most significant disabilities are selected first for the provision of vocational rehabilitation services.

(ii) Individuals who do not meet the order of selection criteria have access to services provided through the information and referral system established under 34 CFR 361.37.

(e) State whether MRS elects to serve, in its discretion, eligible individuals, whether or not the individuals are receiving vocational rehabilitation services under the order of selection, who require specific services or equipment to maintain employment, notwithstanding the assurance provided pursuant to subdivision (d)(i) of this subrule.

(4) For MRS to determine, for the current fiscal year and the preceding fiscal year, that it is able to provide the full range of services, as appropriate, to all eligible individuals, MRS, during the current fiscal and preceding fiscal year, shall have completed all of the following:

(a) Provided assessment services to all applicants and the full range of services, as appropriate, to all eligible individuals.

(b) Made referral forms widely available throughout this state.

(c) Conducted outreach efforts to identify and serve individuals with disabilities who have been unserved or underserved by the vocational rehabilitation system.

(d) Not delayed, through waiting lists or other means, determinations of eligibility, the development of individualized plans for employment for individuals determined eligible for vocational rehabilitation services, or the provision of services for eligible individuals for whom individualized plans for employment have been developed.

(5) For MRS to determine that it is unable to provide the full range of services to all eligible individuals during the current or preceding fiscal year or when MRS has not met the requirements in subrule (4)(a) of this rule, the determination that MRS is able to provide the full range of vocational rehabilitation services to all eligible individuals in the next fiscal year must be based on all of the following:

(a) A demonstration that circumstances have changed that will allow MRS to meet the requirements of subrule (3) of this rule in the next fiscal year, including all of the following:

(i) An estimate of the number of and projected costs of serving, in the next fiscal year, individuals with existing individualized plans for employment.

(ii) The projected number of individuals with disabilities who will apply for services and be determined eligible in the next fiscal year and the projected costs of serving those individuals.

(iii) The projected costs of administering the program in the next fiscal year, including, but not limited to, costs of staff salaries and benefits, outreach activities, and required statewide studies.

(iv) The projected revenues and projected number of qualified personnel for the program in the next fiscal year.

(b) Comparable data, as relevant, for the current or preceding fiscal year, or for both years, of costs and an explanation of any projected increases or decreases in these costs and resources.

(c) A determination that the projected revenues and the projected number of qualified personnel for the program in the next fiscal year are adequate to cover costs to ensure the provision of the full range of services, as appropriate, to all eligible individuals.

(6) MRS shall determine, before the beginning of each fiscal year, whether to establish and implement an order of selection and adhere to the following requirements:

(a) If MRS determines that it does not need to establish an order of selection, it must reevaluate this determination whenever circumstances change during the course of a fiscal year, such as a decrease in its fiscal or personnel resources or an increase in its program costs, and indicate that it may no longer be able to provide the full range of services, as appropriate, to all eligible individuals.

(b) If MRS establishes an order of selection, but determines that it does not need to implement that order at the beginning of the fiscal year, it shall continue to meet the requirements of subrule (3) of this rule, or it must implement the order of selection by closing 1 or more priority categories.

(7) An order of selection must be based on a refinement of the 3 criteria in the definition of an individual with a significant disability in 34 CFR 361.5(c)(30).

(8) Other factors, that are not based on a refinement of the 3 criteria in the definition of an individual with a significant disability in 34 CFR 361.5(c)(30), cannot be used in determining order of selection of eligible individuals, including any of the following:

(a) Any duration of residency requirement, provided the individual is present in this state.

(b) Type of disability.

(c) Age, sex, race, color, or national origin.

(d) Source of referral.

(e) Type of expected employment outcome.

(f) The need for specific services, except those services provided in accordance with 34 CFR 361.36(a)(3)(v), or anticipated cost of services required by an individual.

(g) The income level of an individual or an individual's family.

(9) In administering the order of selection, MRS must abide by the following:

(a) Implement the order of selection on a statewide basis.

(b) Notify all eligible individuals of the priority categories in MRS’s order of selection, their assignment to a particular category, and their right to appeal their category assignment.

(c) Continue to provide services to any recipient who has begun to receive services, irrespective of the severity of the individual's disability, as follows:

(i) MRS shall continue to provide pre-employment transition services to students with disabilities who were receiving the services before being determined eligible for vocational rehabilitation services.

(ii) MRS shall continue to provide an eligible individual all needed services listed on the individualized plan for employment if the individual had begun receiving the services before the effective date of the MRS’s order of selection.

(d) Ensure that its funding arrangements for providing services under the vocational rehabilitation services portion of the unified or combined state plan, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, MRS shall renegotiate these funding arrangements so that they are consistent with the order of selection.

(10) MRS shall consult with the Michigan Council on Rehabilitation Services regarding all of the following:

(a) Need to establish an order of selection.

(b) Priority categories of the particular order of selection.

(c) Criteria for determining individuals with the most significant disabilities.

(d) Administration of the order of selection.

History

• History: 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.90 Standards for third-party vendors {#sec-r-395.90 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.90}

Rule 40. (1) MRS may, at its discretion, require third-party vendors to provide information substantiating their experience, quality, and safety before authorizing vendors to provide services to MRS participants, including both of the following:

(a) Professional license checks.

(b) Criminal background checks that are subject to the following requirements:

(i) MRS may conduct criminal background checks using only the internet criminal history access tool (ICHAT), the state sex offender registry or the national sex offender registry.

(ii) MRS may deny authorizing a vendor to provide services if criminal background checks discover any of the following:

(A) The individual has been convicted of a relevant crime described under 42 USC 1320a-7(a), including, but not limited to, conviction of program-related crimes, conviction relating to patient abuse, felony conviction relating to health care fraud, and felony conviction related to controlled substance.

(B) The vendor or individual staff member fails to comply with MRS enrollment requirements pursuant to the national child protection act of 1993, 34 USC 40101 to 40104, including but not limited to failure to submit timely and accurate information, failure to cooperate with MRS screening methods, failure to allow access to provider locations for site visits, and inability to verify a provider applicant's identity.

(C) The vendor or individual staff member staff is convicted of violating the medicaid false claims act, MCL 400.601 to 400.615, the False Claims Act, 31 USC 3729 to 3733, or a substantially similar statute by another state or the federal government.

(D) The individual staff member has a federal or state felony conviction within the preceding 10 years after conviction, including any criminal offense related to murder, rape, abuse or neglect, assault, and other similar crimes against individuals, extortion, embezzlement, income tax evasion, insurance fraud, and other similar financial crimes.

(E) The individual staff member has a federal or state misdemeanor conviction within the preceding 5 years after conviction any criminal offense related to any misdemeanor crime listed as a permissive exclusion in 42 USC 1320a-7(b), including rape, abuse or neglect, assault, and other similar crimes against individuals, or extortion, embezzlement, income tax evasion, insurance fraud, and other similar financial crimes.

(c) Debarment check in the system of award management.

(d) Adherence checks to all relevant state and federal laws when acting as an employer of record for an individual receiving MRS services.

(2) MRS shall make available to the public all requirements and processes related to the assessment of vendors.

(3) MRS shall only assess vendors as described in subrule (1)(a) and (b) of this rule who have provided their written consent.

(4) MRS shall not share the specific results of any vendor assessment with anyone other than the vendor or individual being vetted and internal MRS staff on a need-to-know basis.

History

• History: 2026 MR 10, Eff. May 15, 2026.

Mich. Admin. Code R 395.91 Requirements for third-party vendors providing customized employment services {#sec-r-395.91 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 395.91}

Rule 41. To qualify as a vendor to deliver customized employment services, all individual vendor staff providing customized employment services shall complete the following:

(a) Association of Community Rehabilitation Educators (ACRE) course completion and certification in customized employment subject to the following:

(i) MRS shall accept ACRE courses where the primary focus is customized employment and certifications provided by the following organizations:

(A) Griffin Hammis Associates.

(B) Mark Gold and Associates.

(C) Incompass.

(D) TransCen.

(E) Other organizations that MRS has provided written approval to the vendor as acceptable substitutes.

(ii) Vendors approved to provide customized employment services to MRS participants must retain and make available to MRS on request all staff training documentation, including the name of the ACRE training, organization conducting the training, dates of the training, course syllabus or equivalent, and ACRE certification in vendor staff’s name.

(b) Ten hours of professional development related to customized employment every calendar year subject to the following:

(i) Hours must be prorated based on the date vendor staff began providing customized employment to MRS participants. For example, a vendor staff member who began providing customized employment in June would only be required to obtain 5 hours of professional development for that calendar year.

(ii) Acceptable professional development categories activities include:

(A) Mentoring, including providing one-on-one feedback and guidance on customized employment work performed.

(B) Technical assistance, including providing additional customized employment subject matter expertise.

(C) Attending community of practices or similar events.

(D) Participating in trainings in which customized employment is the primary subject.

(E) Attending events, conferences, or webinars in which customized employment is the primary focus.

(F) Other professional development activities that MRS has provided written approval to the vendor as acceptable substitutes.

(iii) A vendor shall retain and make available to MRS on request staff professional development documentation, including all of the following:

(A) The category of professional development activity.

(B) The individual and associated agency providing the professional development activity.

(C) A short summary of the outcome of the professional development activity.

(D) The length of time vendor staff members engaged in the professional development activity.

(E) The total number of professional development activity hours for the calendar year.

History

• History: 2026 MR 10, Eff. May 15, 2026.

Bureau of Services for Blind Persons Bureau of Services for Blind Persons

R 400.251 to R 400.254 Services for Blind Vocational Rehabilitation

Mich. Admin. Code R 400.251 Application {#sec-r-400.251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.251}

DEPARTMENT OF SOCIAL SERVICES

GENERAL RULES

(By authority conferred on the department of social services by section 6 of Act No. 280 of the Public Acts of 1939, as amended, being S400.6 of the Michigan Compiled Laws)

PART 4. DIVISION OF SERVICES FOR THE BLIND

VOCATIONAL REHABILITATION

Rule 251. An application shall be considered a right of any individual who considers himself eligible for vocational rehabilitation through the division of services for the blind.

History

• History: 1954 AC; 1979 AC.

Mich. Admin. Code R 400.252 Special eligibility requirements {#sec-r-400.252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.252}

Rule 252. (1) Any individual in Michigan shall be considered eligible for vocational rehabilitation through the division of services for the blind if he is otherwise eligible.

(2) Any individual who is otherwise eligible and is found through an examination by an ophthalmologist or a physician approved by the state supervising ophthalmologist to have a visual acuity of 20/200 or less in the better eye with proper corrections or a limitation of the visual field of vision such that the widest diameter of the visual field subtends an angle distance no greater than 20 degrees, shall be considered eligible for service on the basis of lack or defectiveness of vision.

(3) Vocational rehabilitation services shall be available only to those individuals whose vocational capacity may be increased through such services and when a study of the age, physical and mental capacity, aptitudes, and employment history indicate the probability that a placement may be made after such services have been given; provided, however, that the division of services for the blind may extend rehabilitation services to blind persons whenever it appears feasible without regard to employability.

(4) No person shall be denied rehabilitation or other services on the basis of race, creed, or color. The same facilities will be available to any eligible person.

(5) Vocational rehabilitation services other than maintenance shall be available to any civil employee of the United States disabled while in the performance of his duties and to any war disabled civilian as defined in U.S. Public Law 113-78th Congress (first session) who may be certified to the division of services for the blind by the administrator of the federal security agency without regard to economic circumstances of the individual. Maintenance may be paid only after a study of the economic circumstances of the individual indicates that he is unable to pay for this service.

History

• History: 1954 AC; 1979 AC.

Mich. Admin. Code R 400.253 Need and amount of services {#sec-r-400.253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.253}

Rule 253. (1) Rehabilitation services for the blind shall be available to an individual otherwise eligible who is financially unable to pay for the services. Cost of services other than diagnostic evaluations, counseling, training, training materials, reader service, interpretive service for the deaf, placement, and follow-up shall be available on the basis of a study of the economic circumstances of the individual and may be made available in whole or in part when the study indicates that an individual is unable to pay for such services. (2) Cost of diagnostic evaluations, counseling, training, training materials, reader service, interpretive service for the deaf, placement, and follow-up shall be considered allowable and may be given without regard to economic circumstances.

History

• History: 1954 AC; 1979 AC.

Mich. Admin. Code R 400.254 Confidential nature of records {#sec-r-400.254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.254}

Rule 254. (1) The following information concerning applicants and recipients of rehabilitation services shall be considered as confidential in nature:

(a) Names and addresses of applicants and recipients, as well as lists of the names and addresses of applicants and recipients.

(b) Data contained in applications, reports of investigations, reports of medical examinations, cancelled assistance warrants, correspondence, and records concerning the condition or circumstances of any person from or about whom information is obtained, and including all such information regardless of whether it is recorded.

(c) Records of agency evaluations of such information.

(2) Information of a confidential nature may be released to agencies and persons if such information is necessary to secure or provide services for clients. This will be done only after such agencies or persons have been informed that:

(a) The confidential nature of the information furnished must be preserved.

(b) The information furnished must be used only for the purpose for which it is made available, and after assurance has been given that proper steps will be taken to safeguard the confidential nature of the information furnished.

History

• History: 1954 AC.

Michigan Rehabilitative Services Michigan Rehabilitative Services

R 400.3601 to R 400.3613 Employment and Training Program

Mich. Admin. Code R 400.3601 Definitions {#sec-r-400.3601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3601}

DEPARTMENT OF HUMAN SERVICES

FAMILY PROGRAM POLICY ADMINISTRATION

EMPLOYMENT AND TRAINING PROGRAM

(By authority conferred on the Department of Human Services by section 6 of 1939 PA 280, MCL 400.6.)

Rule 1. As used in these rules:

(a) "Begin date" means the first day for which the family independence group is eligible for benefits.

(b) "Employment and training components" includes both of the following:

(i) Work activities defined in section 407(d) of Public Law 104-193, 42 U.S.C. §607(d).

(ii) Job club, internship, and postsecondary education.

(c) “Department” means the Michigan department of human services.

(d) "Employment-related activities" means those activities which are operated or contracted by the department, are employment and training programs, and serve applicants and recipients of financial and food assistance.

(e) "Minimum wage" means the lesser of the legal applicable state or federal minimum wage.

(f) "Noncompliance" means action or inaction of a client in failing to meet assigned employment related activity requirements.

(g)"Nonprofit" means tax-exempt under section 501(c)(3) of the internal revenue code of 1986, 26 U.S.C. §501(c)(3).

(h) "Reasonable cost" means the rate of payment or reimbursement by the department for supportive services costs.

(i) "Suitable employment" means employment that meets minimum employment standards. Employment is not suitable employment if any of the following provisions apply:

(i) With the exception of sheltered workshops, the wage offered is less than minimum wage, including tips, as applicable.

(ii) The client is physically or mentally unfit to perform the job, as documented by medical evidence or by reliable information from other sources.

(iii) The working hours or nature of the employment interferes with the client's religious observances, convictions, or beliefs.

(iv) The degree of risk to health and safety is unreasonable.

(v) The employment results in the family experiencing a net loss of cash income.

(j) "Support services" means services provided, as needed and to specified limits, to support employment and training program participation requirements. Support services may include any of the following if the services are determined by the department to enhance a client's ability to obtain and retain employment:

(i) Counseling.

(ii) Child day care.

(iii) Information and referral services.

(iv) Medical services.

(v) Moving services.

(vi) Special clothing purchases.

(vii) Transportation allowance.

(viii) Automotive repair.

(ix) Special purchases.

(k) "Willingness to comply test" means participation in an activity or component for 5 working days for a total of 20 hours and/or attendance at an orientation conducted by the Department.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3602 Employment expectations {#sec-r-400.3602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3602}

Rule 2. (1) A non-deferred client shall accept suitable employment up to 40 hours per week.

(2) A client who is deferred on the basis of working the minimum number of hours required to meet the federal work requirement shall accept suitable employment up to 40 hours per week, unless the department determines that the employment would interfere with the individual's attendance at, or successful completion of, a self-initiated education or job training program that the department has approved.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3603 Support services {#sec-r-400.3603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3603}

Rule 3. Support services may be provided to applicants and recipients who are required to participate in employment related activities.

History

• History: 1997 AACS.

Mich. Admin. Code R 400.3604 Special program groups {#sec-r-400.3604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3604}

Rule 4. Selected family independence program groups may be served by programs other than the employment and training program. R 400.3602, R 400.3603, and R 400.3606 to R 400.3612 apply to the following selected program groups:

(a) Refugees served by the Michigan works association (MWA) with the assistance of refugee contractors.

(b) Persons in transitional housing programs designated by the Michigan state housing development authority and funded by the United States department of housing and urban development, Michigan state housing development authority, or entitlement community block grants.

(c) Active Michigan rehabilitation services participants.

(d) Active job corps, volunteers in service to America, and AmeriCorps participants.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3605 Required participation in unpaid work experience prohibited; exception {#sec-r-400.3605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3605}

Rule 5. Except for an internship, a client shall not be required to participate in unpaid work experience in the private for-profit sector.

History

• History: 1997 AACS.

Mich. Admin. Code R 400.3606 Noncompliance with employment and training requirements {#sec-r-400.3606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3606}

Rule 6. The following conduct constitutes noncompliance with employment and training requirements for applicants and recipients of the family independence program:

(a) Failing or refusing to appear for a scheduled appointment or meeting.

(b) Failing or refusing to participate in an assigned activity or component.

(c) Stating orally or in writing a definite intent not to comply with program requirements.

(d) Refusing supportive services if the refusal prevents participation in employment and training requirements.

(e) Exhibiting disruptive behavior that prevents others from pursuing their employment and training requirements.

(f) Threatening or physically abusing department or program staff or other program participants.

(g) Failing or refusing to accept a job referral.

(h) Failing or refusing to complete a job application.

(i) Failing or refusing to appear for a job interview.

(j) Refusing an offer of suitable employment.

(k) Voluntarily leaving a job.

(l) Being terminated from employment for misconduct or absenteeism.

(m) Voluntarily reducing hours of employment or otherwise reducing earnings.

(n) Refusing to accept suitable employment up to 40 hours per week, unless the department determines that the employment would interfere with the individual’s attendance at, or successful completion of, a self-initiated education or job training program that the department has approved and the client is meeting the federal work requirement.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3607 Good cause reasons for noncompliance with employment and training requirements {#sec-r-400.3607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3607}

Rule 7. The following are good cause reasons for noncompliance with employment and training requirements that apply to applicants and recipients of the family independence program:

(a) The applicant or recipient suffers from a temporary debilitating illness or injury or an immediate family member has a debilitating illness or injury and the applicant or recipient is needed in the home to care for the family member.

(b) The applicant or employee lacks child care as defined in section 407(e)(2) of Public Law 104-193, 42 U.S.C. §607(e)(2).

(c) Either employment or training commuting time is more than 2 hours per day or is more than 3 hours per day when there are unique and compelling circumstances, such as a salary at least twice the applicable minimum wage or the job is the only available job placement within a 3 hour commute per day, not including the time necessary to transport a child to child care facilities.

(d) Transportation is not available to the participant at a reasonable cost.

(e) The employment or participation involves illegal activities.

(f) The applicant or recipient is physically or mentally unfit to perform the job, as documented by medical evidence or by reliable information from other sources.

(g) The applicant or recipient is illegally discriminated against on the basis of age, race, disability, gender, color, national origin, or religious beliefs.

(h) Credible information or evidence establishes 1 or more unplanned or unexpected events or factors that reasonably could be expected to prevent, or significantly interfere with, the individual's compliance with employment and training requirements.

(i) The applicant or recipient quit employment to obtain comparable employment.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3608 Financial assistance penalties {#sec-r-400.3608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3608}

Rule 8. (1) A noncompliance penalty is imposed in the following situations:

(a) A non-deferred group member fails, without good cause, to participate in employment related activities as required.

(b) A group member who is meeting the federal work requirements by working the minimum number of hours and any of the following provisions apply:

(i) The group member fails to accept suitable employment up to 40 hours per week without good cause, unless the department determines that the employment would interfere with the individual's attendance at, or successful completion of, a self-initiated education or job training program that the department has approved and the client is meeting the federal work requirement.

(ii) The group member voluntarily leaves a job without good cause.

(iii) The group member voluntarily reduces hours of employment without good cause.

(iv) The group member is terminated from employment for misconduct or absenteeism without good cause.

(2) If the noncompliance is based on 1 or more of the following instances, then the group is ineligible for the family independence program and related food assistance for 30 days:

(a) Voluntarily leaving a job.

(b) Being terminated from employment for misconduct or absenteeism without good cause.

(c) Voluntarily reducing hours of employment or otherwise reduce earnings.

(d) Refusing to accept suitable employment up to 40 hours per week, unless the department determines that the employment would interfere with the individual’s attendance at, or successful completion of, a self-initiated education or job training program that the department has approved and the client is meeting the federal work requirement.

(3) The department shall impose a penalty described in sub rule (1) of this rule for at least 1 month or 2 pay periods.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3609 Member removal and case closure; effect on employment related activities penalty {#sec-r-400.3609 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3609}

Rule 9. (1) If a noncomplying person leaves the home while a penalty is imposed, then the remaining group members are not subject to the penalty.

(2) If the group becomes ineligible for family independence assistance while a penalty is imposed, then the penalty is reinstated if the group reapplies and the noncomplying person still refuses to participate. A penalty will not be reinstated if the family can demonstrate that the noncomplying individual was employed and meeting the federal participation standard while the case was closed. The penalty is reinstated as follows:

(a) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable, have not expired since the initial implementation of the penalty, then the penalty is reinstated using the original begin date.

(b) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable, have expired since the initial implementation of the penalty, then the group is ineligible for family independence assistance. A penalty will not be reinstated if the family can demonstrate that the noncomplying individual was employed and meeting the federal participation standard while the case was closed.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3610 Noncompliance with employment related activities requirements; food assistance disqualification {#sec-r-400.3610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3610}

Rule 10. (1) The department shall impose a noncompliance disqualification for food assistance if a food assistance group member, who is not also an applicant for or recipient of cash assistance, fails, without good cause, to comply with the employment and training program. Noncompliance with family independence program requirements shall be counted when determining the disqualification period.

(2) The department shall apply a disqualification for food assistance as follows:

(a) The noncomplying group member is removed from the eligible group for 1 month for a first instance of noncompliance.

(b) The noncomplying group member is removed from the eligible group for 6 months for each instance of noncompliance after the first instance.

(c) Once imposed, a disqualification continues in consecutive months even if the case is closed or the disqualified person is subject to another ineligibility disqualification.

(d) A disqualification ends if the disqualified person becomes deferred under food assistance deferral rules for any reason other than application for, or receipt of, unemployment compensation.

(3) To reestablish eligibility at the end of the disqualification period, a group member shall complete the willingness to comply test unless the member is working 20 hours or more per week.

(4) An applicant for or a recipient of family independence program benefits will have the same disqualification or penalty that is applicable to the family independence program applied to his or her food assistance case for noncompliance with employment-related activities requirements in the case of the family independence program and for noncompliance with the requirements of 45 C.F.R.§400.82.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3611 Subsequent applications for food assistance benefits after application denial or case closure due to comparable penalty {#sec-r-400.3611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3611}

Rule 11. If a group whose food assistance benefits were denied or whose case was closed due to the imposition of a comparable family independence program penalty or disqualification applies for food assistance benefits, but not cash assistance, then the following provisions apply:

(a) If the denial or closure was due to the failure to meet a family independence employment-related activities requirement, then the mandatory food assistance participant who caused the penalty for disqualification shall complete a willingness to comply test. If the mandatory food assistance participant does not complete the willingness to comply test, then he or she is disqualified as specified in R 400.3610.

(b) If the group is eligible, then the begin date for benefits shall be set to assure 1 month's loss of benefits.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3612 Willingness to comply test {#sec-r-400.3612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3612}

Rule 12. (1) If noncompliance without good cause results in a reduction or termination of department financial assistance or food assistance benefits, then, at the client's request, the department shall offer a willingness to comply test.

(2) If a person completes the willingness to comply test, then the group’s benefits are restored as follows:

(a) If the penalty is a 25% reduction in the payment standard, then benefits are restored effective with the pay period in which the person agreed to comply, but not before the minimum penalty period of 1 month or 2 pay periods has expired.

(b) If the penalty is group ineligibility, then benefits are restored as set forth in R 400.3611, but not before the minimum penalty period of 1 month or 2 pay periods has expired.

History

• History: 1997 AACS; 2014 AACS.

Mich. Admin. Code R 400.3613 Rescission {#sec-r-400.3613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 400.3613}

Rule 13. R 400.3591 to R 400.3596 of Michigan Administrative Code, appearing on pages 690 to 692 of the 1985 Annual Supplement to the 1979 Michigan Administrative Code, are rescinded.

History

• History: 1997 AACS.

Wage and Hour Wage and Hour

R 408.701 to R 408.787 Wage and Hour Division General Rules

Mich. Admin. Code R 408.701 Definitions {#sec-r-408.701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

WAGE AND HOUR DIVISION

GENERAL RULES

(By authority conferred on the director of the department of licensing and regulatory affairs by section 6 of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.936, and Executive Reorganization No. 2016-3, MCL 408.431)

PART 1. GENERAL PROVISIONS

Rule 1. As used in these rules:

(a) "Act" means the improved workforce opportunity wage act, 2018 PA 337, MCL 408.931 to 408.945.

(b) "Administrative capacity" means an employee to whom all of the following apply:

(i) Compensation is on a salary basis at no less than the federal standard salary level per week for overtime exempt employees.

(ii) The employee’s primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer.

(iii) The employee uses discretion and independent judgment in matters of significance.

(c) "Commission" means all earnings of an employee, in addition to the hourly rate of pay, which the employee has been led to expect on a regular basis as a result of an employment contract, agreement, or promise.

(d) "Compensatory time" means paid time off earned at 1½ times the regular hours worked in excess of 40 hours in a week and paid at some future time.

(e) “Department” means the department of licensing and regulatory affairs.

(f) “Executive capacity" means an employee to whom all of the following provisions apply:

(i) Compensation is on a salary basis at not less than the federal standard salary level per week for overtime exempt employees.

(ii) The employee's primary duty is management.

(iii) The employee supervises 2 or more employees.

(g) “Fee" means a fixed amount for a service provided or job completed regardless of time required for completion.

(h) "Paid time off " means compensation for time off paid to the employee for vacation, personal time, or sick time.

(i) "Professional employee" means an employee who is compensated on a salary or fee basis at no less than the federal standard salary level per week for overtime exempt employees and whose primary duty is any of the following:

(i) Work in a field of science or learning that requires knowledge acquired by a prolonged course of specialized instruction.

(ii) Work in a recognized field of artistic endeavor that depends upon the talent of the employee.

(iii) Work in an educational institution as a teacher, tutor, instructor, or lecturer.

(j) "Salary" means payment of a fixed amount not subject to reduction because of variations in the quantity or quality of work performed.

(k) “Tipped employee” means an employee who receives gratuities and meets the requirements found in section 4d of the act, MCL 408.934d.

(l) "Workweek," as applied to an employee, means a fixed and regular recurring period of 168 hours or 7 consecutive 24-hour periods. Workweek need not coincide with the calendar week, but may begin on any day and at any hour of the day. For purposes of computing overtime pay, a single workweek may be established for 1 employee or different workweeks may be established for different employees or groups of employees.

History

• History: 1954 AC; 1979 AC; 1998-2000; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.702 Records {#sec-r-408.702 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.702}

Rule 2. (1) An employer shall keep employment records for each employee showing all of the following:

(a) Name.

(b) Home address.

(c) Date of birth.

(d) Occupation in which employed.

(e) Total daily hours worked, showing the starting and ending times each day, computed to the nearest tenth of an hour, or other finer measure.

(f) Total hours worked in each pay period.

(g) Total hours worked in each work period when the work period does not coincide with the pay period.

(h) Total hourly, daily, or weekly basic wage.

(i) Total wages paid each pay period.

(j) Itemization of all deductions made each pay period.

(k) Itemization of tips received in each pay period.

(2) An employer shall keep records for employees paid on a piecework basis to indicate pieces produced.

(3) If a credit is taken for gratuities received by an employee, then the employment records shall contain for each pay period in which the credit was taken a written statement of the amount of gratuities received by the employee. The statement shall be signed by the employee and dated before the date the paycheck was received.

(4) Records required under this rule shall be preserved by the employer for not less than 3 years.

History

• History: 1979 AC; 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.703 Rescinded {#sec-r-408.703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.703}

History

• History: 1979 AC; 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.704 Rescinded {#sec-r-408.704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.704}

History

• History: 1979 AC; 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.705 Rescinded {#sec-r-408.705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.705}

History

• History: 1979 AC; 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.706 Complaint; filing date; time limitation {#sec-r-408.706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.706}

Rule 6. (1) A complaint shall be considered filed with the department as of the date it is received by the department.

(2) A claim must be filed with the department within 3 years of the date of the alleged violation.

(3) As used in this rule, “claim” means a form or other written statement received by the department from an employee, for work performed in Michigan, that provides the name and address of the claimant, name and address of the employer, date or dates the alleged violation occurred, and an estimate of the amount of minimum wages or overtime wages, or both, alleged due.

History

• History: 1981 AACS; 1998-2000 AACS; 2019 AACS.

Mich. Admin. Code R 408.711 Scale of piecework for harvesting fruits and vegetables {#sec-r-408.711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.711}

Rule 11. The scale of piecework applicable to the harvesting of fruits and vegetables is to be at least equivalent to the minimum hourly wage rate.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.712 Rescinded {#sec-r-408.712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.712}

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.713 Rescinded {#sec-r-408.713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.713}

PART 2. OVERTIME COMPENSATION

History

• History: 1954 ACS 55, Eff. Aug. 14, 1968; 1954 ACS 65, Eff. Sept. 21,1970; 1954 ACS 83, Eff. Apr. 2, 1975; 1954 ACS 95, Eff. June 13, 1978;1954 ACS 99, Eff. Apr. 18, 1979; 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.721 Determining workweek for overtime compensation {#sec-r-408.721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.721}

Rule 21. (1) An employer shall establish an employee's workweek and shall indicate the beginning time and day of the workweek in the employment record for the employee.

(2) Once the beginning time of an employee's workweek is established, it remains fixed and may be changed only if the change is intended to be permanent and is not designed to evade the overtime requirements of the act.

(3) Each workweek stands alone. Averaging of hours over 2 or more weeks is prohibited, regardless of whether the employee works on a standard or swing shift schedule and regardless of whether the employee is paid on an hourly, daily, weekly, biweekly, monthly, piecework, commission or other basis, except as otherwise provided by law.

History

• History: 1979 ACS 8, Eff. Dec. 2, 1981; 2000 AACS.

Mich. Admin. Code R 408.722 Work period {#sec-r-408.722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.722}

Rule 22. (1) An employer shall establish an employee's work period and shall indicate the beginning and ending time and date of the work period in the employment record for the employee.

(2) The work period need not coincide with the pay period.

(3) The beginning and ending date of a work period shall not be changed, regardless of the number of hours worked within the period, unless the change is intended to be permanent and is not designed to evade the overtime requirements of the act.

(4) An employer may have different work periods for different employees.

History

• History: 1979 ACS 8, Eff. Dec. 2, 1981; 2000 AACS.

Mich. Admin. Code R 408.723 Computing regular rate of pay for overtime compensation {#sec-r-408.723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.723}

Rule 23. (1) If an employee is paid on an hourly rate plus commission or salary plus commission, then the salary and commission shall be considered as gross earnings for the workweek, and the regular rate is obtained by dividing the sum by the number of hours for which the salary was paid.

(2) If an employee is paid on a piece-rate basis, then the regular rate of pay is computed by adding together the total earnings of the workweek from piece rates and all other earnings and any sums paid for other hours worked. This sum total is divided by the number of hours worked in that week to yield the pieceworker's regular rate for that week.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.724 Rescinded {#sec-r-408.724 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.724}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.725 Rescinded {#sec-r-408.725 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.725}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.726 Rescinded {#sec-r-408.726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.726}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.727 Rescinded {#sec-r-408.727 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.727}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.728 Amusement and recreational establishments exempt from overtime provisions {#sec-r-408.728 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.728}

Rule 28. (1) An employer's business shall be considered an amusement or recreational establishment if it complies with all of the following provisions:

(a) It is open for the general public at a fixed site.

(b) It is open primarily to provide leisure activities for those who attend.

(c) It does not operate for more than 7 months in a calendar year.

(2) A grocery store, restaurant, motel, curio, souvenir shop, or any other retail and service establishment is not considered an amusement or recreational establishment unless it is so related to an amusement or recreational establishment that it could not, in a reasonable manner, offer its services to the general public independently, and is not open to the general public beyond the months the amusement or recreational establishment to which it is related is open.

(3) The exempt status of an amusement or recreational establishment and a grocery store, restaurant, motel, curio, souvenir shop, or other retail and service establishment operated under the same ownership shall be determined separately for each establishment.

(4) If an amusement or recreational establishment operates at widely separated fixed locations, the exempt status of each fixed location shall be determined separately.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.729 Employees of an amusement or recreational establishment {#sec-r-408.729 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.729}

Rule 29. (1) Employees of a central office or warehouse or office which services an amusement or recreational establishment shall not be considered employed by the amusement or recreational establishment.

(2) An employee whose duties are divided between working for an amusement or recreational establishment and a nonexempt business owned by the same employer shall not be exempt from the overtime provisions of the act for any workweek in which work performed at the nonexempt business exceeds 20% of the hours worked.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.730 Employment in agriculture {#sec-r-408.730 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.730}

Rule 30. (1) An employee shall not be considered employed in agriculture for any workweek in which nonagricultural work exceeds 20% of the hours worked in the workweek.

(2) An employee of an establishment which produces agricultural commodities and sells such commodities to the general public shall not be considered employed in agriculture, regardless of his or her duties, if more than 50% of the gross income of the establishment results from sales to the general public.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.731 Rescinded {#sec-r-408.731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.731}

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.732 Rescinded {#sec-r-408.732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.732}

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.733 Rescinded {#sec-r-408.733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.733}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.734 Rescinded {#sec-r-408.734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.734}

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.735 Rescinded {#sec-r-408.735 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.735}

WAGE DEVIATION

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.771 Scope {#sec-r-408.771 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.771}

Rule 1. (1) These rules require that handicapped workers who are being paid subminimum wages shall receive wage rates commensurate with their productive capacity.

(2) These rules require that employers of handicapped workers who are being paid sub-minimum wages shall maintain records which substantiate the fact that the handicapped workers are being paid wage rates commensurate with their productive capacity.

(3) These rules establish procedures for an employer of handicapped workers to apply for wage deviation certificates under section 7 of the act.

(4) These rules establish administrative proceedings to grant wage deviation certificates under the act.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.772 Definitions {#sec-r-408.772 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.772}

Rule 2. As used in these rules:

(a) "Act" means the workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424.

(b) "Commensurate wage" means the wage which is proportionate to the prevailing industry wage rate.

(c) "Department" means the department of licensing and regulatory affairs.

(d) "Deviated wage rate" means an hourly wage or piece rate which is below the minimum wage rate prescribed in section 4 of the act, MCL 408.414, is based upon a handicapped worker's productive capacity, and is commensurate with the prevailing industry wage rate.

(e) "Director" means the director of the department or his or her authorized representative.

(f) "Handicapped worker" means an individual whose earning or productive capacity is limited by a physical or mental impairment.

(g) "Locality" means the county, city, village, or township in which the work is performed.

(h) "Prevailing industry wage rate" means the overall average wage rate paid to nonhandicapped workers in industry in the locality for essentially the same type of work.

(i) "Private sector employment" means remunerative employment within a setting other than a rehabilitation facility.

(j) "Rehabilitation facility" means a charitable or nonprofit organization or institution or program including the state and its political subdivisions, agencies, and instrumentalities for the purpose of carrying out a recognized program of habilitation or rehabilitation for handicapped individuals and for providing such individuals with remunerative employment or other occupational habilitation or rehabilitation activity of an educational or therapeutic nature.

(k) "Wage deviation certificate" means a written document issued by the director to either a rehabilitation facility or a private sector employer which authorizes the payment of a deviated wage rate to a group of handicapped workers employed by a rehabilitation facility or to an individual handicapped worker employed by a private sector employer.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.773 Commensurate wage {#sec-r-408.773 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.773}

Rule 3. (1) A handicapped worker covered by a wage deviation certificate shall be paid a commensurate wage.

(2) A handicapped worker covered by a wage deviation certificate shall not be paid less than 1 1/2 times his or her commensurate wage rate for all work in excess of the maximum hours as required by section 4a of the act.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.774 Prevailing industry wage rate; determination; documentation {#sec-r-408.774 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.774}

Rule 4. (1) To determine the prevailing industry wage rate for a specific type of work, a rehabilitation facility shall utilize 1 of the following sources:

(a) The state employment service.

(b) Private sector employers in the locality performing similar work.

(c) Recent wages, or wages adjusted for wage increases, which were previously determined by the rehabilitation facility for previous work of a similar nature.

(2) Where the specific type of work is not performed in the private sector in the locality in which the rehabilitation facility is located, the prevailing industry wage rate shall be at least the minimum hourly rate established by the act.

(3) Where a variety of industry wage rates are paid for the work in question, the prevailing wage shall be the overall average wage paid.

(4) A rehabilitation facility shall document efforts to obtain prevailing wage information, and maintain such written documentation for not less than 3 years.

(5) A rehabilitation facility shall review and update prevailing wage information to reflect any changes not less than every 6 months.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.775 Time study for piece rate; conduct; purpose; retention of records; review {#sec-r-408.775 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.775}

Rule 5. (1) Where a prevailing industry piece rate cannot be established in accordance with R 408.774, a rehabilitation facility shall conduct a time study to determine the piece rate to be paid to a handicapped worker. The following steps shall constitute an acceptable time study method for piece rates:

(a) Establish the steps of each type of work to be performed by the handicapped worker.

(b) Have the type of work performed by a nonhandicapped worker for a 50minute period.

(c) Determine the hourly productivity of the nonhandicapped worker by computing the sum of pieces produced during the 50-minute period.

(d) Determine the piece rate to be paid to the handicapped worker by dividing the prevailing industry hourly wage rate by the hourly productivity of the nonhandicapped worker.

(2) If methods other than those in subrule (1) of this rule are used, the rehabilitation facility shall demonstrate that such methods accurately establish the commensurate wage to be paid to the handicapped worker.

(3) A rehabilitation facility shall retain records of time studies used to determine piece rates for 3 years.

(4) Piece rates shall be reviewed and updated not less than every 6 months to reflect changes in prevailing industry wage rates.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.776 Time studies for hourly rates; conduct; retention of records; review {#sec-r-408.776 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.776}

Rule 6. (1) A rehabilitation facility shall conduct a time study to determine the deviated wage rate to be paid to the handicapped worker. The following steps shall constitute an acceptable time study method:

(a) Establish the prevailing industry wage rate for the work to be performed in accordance with R 408.774.

(b) Establish the steps of each type of work to be performed.

(c) Have the type of work performed by a nonhandicapped worker for a 50minute period.

(d) Determine the hourly productivity of the nonhandicapped worker by computing the sum of tasks performed during the 50-minute period.

(e) Have the type of work performed by the handicapped worker for a 50-minute period.

(f) Determine the hourly productivity of the handicapped worker by computing the sum of tasks performed during the 50-minute period.

(g) Determine the percentage of the handicapped worker's productive capacity as compared to the hourly productivity established for the nonhandicapped worker.

(h) Determine the hourly rate to be paid to the handicapped worker by multiplying the percentage of the handicapped worker's productive capacity by the established prevailing industry wage rate.

(2) If methods other than those in subrule (1) of this rule are used, the rehabilitation facility shall demonstrate that such methods accurately establish the commensurate wage to be paid to the handicapped worker.

(3) A rehabilitation facility shall retain records of time studies used to determine hourly wages for 3 years.

(4) The handicapped worker's productivity shall be measured no less than every 6 months and the hourly rate shall be adjusted to ensure that the commensurate wage is paid to the handicapped worker.

(5) Hourly wage rates shall be reviewed and updated not less than every 6 months to reflect changes in prevailing industry wages.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.777 Wage deviation certificate; application; specifications; duration; issuance and denial; amendment {#sec-r-408.777 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.777}

Rule 7. (1) An application for a wage deviation certificate shall be filed by a rehabilitation facility or by a private sector employer seeking to pay a deviated wage rate to handicapped workers not covered under section 14(c) of the fair labor standards act of 1938, as amended, 29 U.S.C. 214. A unit of rehabilitation facility having an identifiable program that operates at a different location under separate supervision shall file a separate application for a wage deviation certificate.

(2) A certificate must specify the terms and conditions under which it is granted.

(3) A certificate takes effect on the date issued and is effective for 12 months.

Handicapped workers may be paid a deviated wage rate only during the effective period of the certificate.

(4) If a certificate is issued by the director, a copy shall be sent to the rehabilitation facility or private sector employer. If denied, the applicant must be notified in writing of the denial and the reasons for the denial and of the right of appeal provided for in R 408.784 and R 408.785.

(5) The terms of a certificate may be amended upon written request from a rehabilitation facility or private sector employer and subsequent approval by the director.

History

• History: 1983 AACS; 2019 AACS.

Mich. Admin. Code R 408.778 Certification of applications for private sector employment {#sec-r-408.778 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.778}

Rule 8. (1) An application for a wage deviation certificate submitted by a private sector employer not meeting the definition of a rehabilitation facility requires certification by either the Michigan rehabilitation services in the Michigan department of health and human services or the bureau of services for blind persons in the department, or both.

(2) Certification by the bureau of services for blind persons is required if the worker covered under the certificate is legally blind, as determined pursuant to section 1(a) of 1978 PA 260, MCL 393.351(a). All other applicants shall be certified by the Michigan rehabilitation services.

(3) Certification must involve a determination that the productive capacity of the handicapped worker to be covered by the certificate is genuinely impaired by a physical or mental disability and that the handicapped worker is to be paid a commensurate wage.

History

• History: 1983 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.779 Criteria for issuance of certificate {#sec-r-408.779 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.779}

Rule 9. The following criteria as established by the department shall be considered by the director prior to the issuance of a wage deviation certificate:

(a) An applicant's previous and current compliance with the act.

(b) Whether the handicapped workers covered by the certificate are being paid a commensurate wage.

(c) Whether the applicant can document, for each worker covered by the certificate, that the individual's productive capacity is impaired and that the impairment is caused by a physical or mental disability.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.780 Renewal certificate {#sec-r-408.780 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.780}

Rule 10. (1) A renewal certificate may be issued by the director to a rehabilitation facility or private sector employer whose current certificate is near expiration provided an application for renewal has been properly filed not less than 60 calendar days prior to the expiration date of the current certificate.

(2) The current certificate shall remain in effect until the application for the renewal has been granted or denied.

(3) The renewal certificate shall take effect on the expiration date of the current certificate and shall remain in effect for 12 months.

(4) Issuance of a renewal certificate shall be contingent upon a finding that the applicant meets the requirements of the act.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.781 Temporary certificate {#sec-r-408.781 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.781}

Rule 11. A temporary certificate may be issued by the director to a rehabilitation facility or private sector employer applying for a certificate. Issuance of a temporary certificate shall be contingent upon a finding by the director that the applicant has provided satisfactory evidence that a commensurate wage will be paid to the handicapped workers covered by the certificate, and that the requirements of the act will be met. A temporary certificate shall be effective for no more than 6 months' duration.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.782 Records {#sec-r-408.782 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.782}

Rule 12. (1) A rehabilitation facility granted a certificate shall maintain, and have available for inspection by the director, records including the following:

(a) Documentation substantiating each handicapped worker's disability.

(b) Total hours worked each pay period.

(c) Total wages paid each pay period.

(d) For employees paid on a piece work basis, the piece rate paid and the total number of units produced at such piece rate for each pay period.

(e) Time studies and calculations made to determine each handicapped worker's productive capacity and the piece rate or hourly rate to be paid each handicapped worker.

(f) Sources used to establish the prevailing industry wage rate.

(2) A private sector employer granted a certificate shall maintain and have available for inspection by the director records to include the following:

(a) Documentation substantiating each handicapped worker's disability.

(b) Total hours worked each pay period.

(c) Total wages paid each pay period.

(d) Certification by Michigan rehabilitation services or the bureau of services for blind persons that the productive capacity of the handicapped worker is genuinely impaired by a physical or mental disability and that the handicapped worker is to be paid a commensurate wage.

(3) The records required in this rule shall be maintained for not less than 3 years.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.783 Cancellation of certificate {#sec-r-408.783 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.783}

Rule 13. (1) If it appears that a provision of the act has been violated, the director shall issue a written notice stating the facts or conduct that constitute the alleged violation.

(2) The written notice required in subrule (1) of this rule shall provide the rehabilitation facility or private sector employer with an informal opportunity to demonstrate compliance with the act. Compliance shall be demonstrated within 30 calendar days after the date of the written notice.

(3) If the rehabilitation facility or private sector employer does not demonstrate compliance, the director shall issue a notice of hearing advising of the commencement of proceedings against the rehabilitation facility or private sector employer to determine whether its certificate should be cancelled. The director shall conduct a hearing pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287.

(4) Upon conclusion of the hearing, if it is found that a provision of the act has been violated, the director may cancel the certificate.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.784 Appeal of decision denying certificate; hearing {#sec-r-408.784 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.784}

Rule 14. If a decision to deny a certificate is appealed by written objection of a rehabilitation facility or private sector employer to the department within 30 calendar days after receipt of the notice pertaining to the denial, the director shall conduct a hearing pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.785 Appeal to circuit court; finality of resolution {#sec-r-408.785 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.785}

Rule 15. (1) A rehabilitation facility or private sector employer aggrieved by the decision of the director following a hearing under R 408.783 and R 408.784 may, within 60 days after date of mailing of the decision, appeal to the circuit court by filing a petition for review pursuant to the provisions of chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306.

(2) A decision by the director to cancel or deny a certificate pursuant to R 408.783 and R 408.784 that is not appealed to circuit court within 60 days after the date of mailing, is final.

History

• History: 1983 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.786 Inspections {#sec-r-408.786 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.786}

Rule 16. (1) The director may enter upon the premises of a rehabilitation facility or private sector employer during normal business hours to conduct inspections to determine whether the rehabilitation facility or private sector employer is in compliance with the act.

(2) Inspection reports shall be utilized in evaluating the issuance of renewal certificates.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.787 Rescission {#sec-r-408.787 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.787}

Rule 17. R 408.751 to R 408.767 of the Michigan Administrative Code, appearing on pages 3178 to 3181 of the 1979 Michigan Administrative Code, are rescinded.

History

• History: 1983 AACS.

R 408.9001 to R 408.9036 Payment of Wages and Fringe Benefits

Mich. Admin. Code R 408.9001 Rescinded {#sec-r-408.9001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

PAYMENT OF WAGES AND FRINGE BENEFITS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 9 and 12 of 1978 PA 390, MCL 408.479 and MCL 408.482, section 6 of 2014 PA 138, MCL 408.416, and Executive Reorganization Order Nos. 1996-2, 1997-11, 2002-1, and 2003-1, MCL 445.2001, 421.94, and 445.2004, and 445.2011)

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9002 Definitions; A to I. Rule 2. (1) As used in these rules: {#sec-r-408.9002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9002}

(a) "Act" means 1978 PA 390, MCL 408.471 to 408.490, and known as the payment of wages and fringe benefits act.

(b) "Complainant" means an employee who submits a written complaint alleging a violation of the act and who provides the information required by the department.

(c) "Department" means the department of licensing and regulatory affairs.

(d) "Voluntary payment in full" means either of the following:

(i) Payment of wages and fringe benefits claimed before the issuance of a departmental determination.

(ii) Payment of the full amount of wages and fringe benefits due, plus the 10% per annum penalty and any exemplary damages assessed within 14 days of the date of the determination. If the last day of the 14-day period is a Saturday, Sunday, or a state holiday, then that day is excluded and the period extends until the end of the next day that is not a Saturday, Sunday, or state holiday.

(2) As used in the act:

(a) “Administrative capacity” means an employee to whom all of the following apply:

(i) Is compensated on a salary basis at not less than $455.00 per week.

(ii) Has the primary duty of performing office or non-manual work that is directly related to the management or general business operations of the employer.

(iii) Uses discretion and independent judgment in matters of significance.

(b) "An employee employed in a bona fide executive capacity" means an employee to whom all of the following apply:

(i) Compensation is on a salary basis at not less than $455.00 per week.

(ii) The employee's primary duty is management.

(iii) The employee supervises 2 or more employees.

(c) "An employee employed in a bona fide professional capacity" means an employee who is compensated on a salary or fee basis at not less than $455.00 per week and whose primary duty is any of the following:

(i) Work in a field of science or learning that requires knowledge acquired by a prolonged course of specialized instruction.

(ii) Work in a recognized field of artistic endeavor that depends upon the talent of the employee.

(iii) Work in an educational institution as a teacher, tutor, instructor, or lecturer.

(d) "Bonus" means a premium or extra or irregular remuneration in addition to wages that is awarded to an employee under a written contract or written policy.

(e) "Director" means the director of the department or his or her authorized representative.

(f) "Informally resolve" means any of the following:

(i) Voluntary payment in full as defined in R 408.9002.

(ii) A settlement agreement as described in R 408.9026.

(iii) Withdrawal of the complaint as described in R 408.9027.

(iv) Dismissal of the complaint due to lack of jurisdiction, as described in R 408.9036.

History

• History: 1982 AACS; 1998-2000 AACS; 2003 AACS; 2006 AACS; 2014 AACS.

Mich. Admin. Code R 408.9003 Rescinded {#sec-r-408.9003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9003}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9004 Rescinded {#sec-r-408.9004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9004}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9005 Payment of fringe benefits on termination {#sec-r-408.9005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9005}

Rule 5. An employer shall pay fringe benefits due an employee at termination on the regularly scheduled payday for the period in which the termination occurs, unless otherwise specified in the terms of a written contract or written policy.

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9006 Rescinded {#sec-r-408.9006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9006}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9007 Payment of wages on termination {#sec-r-408.9007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9007}

Rule 7. (1) An employer shall pay all wages due an employee who quits or is discharged, except for an employee who was engaged in the hand harvesting of crops, on the regularly scheduled payday for the period in which the termination occurs.

(2) An employer shall pay all wages due a discharged employee who was engaged in the hand harvesting or crops within 1 working day of the termination.

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9008 Rescinded {#sec-r-408.9008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9008}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9009 Signed authorization; maintenance {#sec-r-408.9009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9009}

Rule 9. An employer shall maintain signed authorizations in the employment records.

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9010 Rescinded {#sec-r-408.9010 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9010}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9011 Rescinded {#sec-r-408.9011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9011}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9012 Statement of hours worked and pay earned; records {#sec-r-408.9012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9012}

Rule 12. (1) An employer shall furnish each employee with a statement of the information required by section 9(2) of the act in a retainable form.

(2) The employment records for each employee shall include total daily hours worked and the starting and ending times each day, computed to the nearest tenth of an hour, or other finer measure.

Editor's Note: An obvious error in R 408.9012 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2014 MR 23. The memorandum requesting the correction was published in Michigan Register, 2015 MR 1.

History

• History: 1982 AACS; 1998-2000 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.9013 Rescinded {#sec-r-408.9013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9013}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9014 Rescinded {#sec-r-408.9014 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9014}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9015 Rescinded {#sec-r-408.9015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9015}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9016 Rescinded {#sec-r-408.9016 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9016}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9017 Rescinded {#sec-r-408.9017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9017}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9018 Filing date {#sec-r-408.9018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9018}

Rule 18. The filing date of a complaint is the date the complaint form or other written complaint is received by the department.

History

• History: 1982 AACS.

Mich. Admin. Code R 408.9019 Acceptance of complaints by department {#sec-r-408.9019 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9019}

Rule 19. The department shall accept a complaint form or other written statement received by the department from an employee for work performed in Michigan which provides all of the following:

(a) Name and address of complainant.

(b) Name and address of employer who is alleged to have committed the violation.

(c) The date or dates the violation is alleged to have occurred.

(d) An estimate of the amount of wages or fringe benefits claimed.

History

• History: 1982 AACS; 1998-2000 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.9020 Rescinded {#sec-r-408.9020 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9020}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9021 Rescinded {#sec-r-408.9021 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9021}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9022 Rescinded {#sec-r-408.9022 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9022}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9023 Rescinded {#sec-r-408.9023 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9023}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9024 Rescinded {#sec-r-408.9024 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9024}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9025 Rescinded {#sec-r-408.9025 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9025}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9026 Settlement agreement {#sec-r-408.9026 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9026}

Rule 26. (1) A complaint may be informally resolved by a written settlement agreement that specifies all of the following:

(a) The amount of payment agreed to.

(b) The terms of payment agreed to.

(c) The date payment is due.

(d) A waiver of all rights to contest the amount due.

(2) The settlement agreement shall be signed by both of the following entities:

(a) The complainant.

(b) The employer or the employer's representative.

History

• History: 1982 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 408.9027 Withdrawal of complaints; request to cease enforcement of order {#sec-r-408.9027 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9027}

Rule 27. (1) A person who has filed a complaint with the department may withdraw the complaint at any time before issuance of a departmental determination.

(2) At any time after a departmental determination has been issued, a complainant may, in writing, request the department to cease enforcement of an order. For an order less than $30.00, written requests shall not be required.

History

• History: 1982 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 408.9028 Departmental determination {#sec-r-408.9028 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9028}

Rule 28. (1) A departmental determination shall contain all of the following, if applicable: (a) The name of the complainant.

(b) The name of the employer.

(c) The findings of the department.

(d) A citation to the sections of the act violated, if any.

(e) An order for the payment of wages or fringe benefits due, if any, plus a 10% per annum penalty.

(f) An assessment of the civil penalties, if any, and the basis for the assessment.

(g) An assessment of exemplary damages, if any, and the basis for the assessment.

(2) The department shall provide copies of the determination to the employer, the complainant, and designated legal representatives.

History

• History: 1982 AACS; 1998-2000 AACS; 2014 AACS.

Mich. Admin. Code R 408.9029 Rescinded {#sec-r-408.9029 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9029}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9030 Appeal of department determination {#sec-r-408.9030 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9030}

Rule 30. (1) The 14-day period within which an appeal of a departmental determination may be filed excludes the date of the determination. The calendar day that the appeal is due is included. If the last day of the 14-day period is Saturday, Sunday, or a state holiday, then that day is excluded and the period extends until the end of the next day that is not a Saturday, Sunday, or state holiday.

(2) An appellant shall submit a written appeal which is signed by the appellant and which contains all of the following information:

(a) The determination number.

(b) The name of the employer.

(c) The name of the employee.

(3) An appellant shall submit an appeal to the department at the address specified on the determination.

(4) The department shall transmit an appeal received more than 14 days after the notification of determination is issued to the hearings office of the department to determine if good cause exists for a late appeal.

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9031 Rescinded {#sec-r-408.9031 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9031}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9032 Rescinded {#sec-r-408.9032 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9032}

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.9033 Assessment of penalties; civil penalty {#sec-r-408.9033 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9033}

Rule 33 (1) A civil penalty assessed under this rule shall not be more than $1,000.00.

(2) An employer who violates section 2 to 8 or section 10 of the act shall be assessed a civil penalty of 50% of the amount of wages and fringe benefits due an employee.

(3) A civil penalty assessed under subrule (2) of this rule shall be collected only if the director is required to initiate civil action to enforce an order of the department that has become a final agency order.

(4) A civil penalty of $1,000.00 shall be assessed for a violation of section 13 or section 13a of the act.

(5) A civil penalty of $1,000.00 may be assessed for a violation of section 9 of the act.

History

• History: 1982 AACS; 1998-2000 AACS; 2006 AACS.

Mich. Admin. Code R 408.9034 Assessment of exemplary damages {#sec-r-408.9034 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9034}

Rule 34. (1) The department shall order an employer who has violated section 2, 3, 4, 5, 6, 7, or 8 of the act to pay exemplary damages to the employee in either of the following situations:

(a) If the employer was previously found to have violated the same section of the act against the same employee at any time within 12 months before the occurrence of the violation.

(b) If the department determines that the act was deliberately and knowingly violated.

(2) The department may assess exemplary damages at not more than twice the amount of wages and fringe benefits which were due and shall be paid to the employee.

History

• History: 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.9035 Payment of wages by payroll debit card; conditions {#sec-r-408.9035 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9035}

Rule 35. Pursuant to section 6 of the act, an employer or agent of an employer may use a payroll debit card to pay wages to an employee, if all of the following conditions are satisfied:

(a) The employee can obtain payment of his or her wages in full, when they are due and payable.

(b) Prior to the issuance of a payroll debit card to an employee, the employer shall provide to the employee a written notice of all of the following:

(i) The terms and conditions of the payroll debit card.

(ii) Disclosure of fees that may be assessed by the card issuer.

(iii) Disclosure that additional fees may be assessed by third parties through use of a payroll debit card in addition to fees assessed by the card issuer.

(c) If a payroll debit card is used, then the cardholder, not the issuer or the bank, shall possess ownership of the funds. Neither the issuer nor the bank shall retain a reversionary interest in the funds. The reversal of a deposit of wages made to a payroll debit card account in error is not considered reversionary when it involves any of the following:

(i) A credit made to the wrong employee account.

(ii) A duplicate credit made to an employee account.

(iii) A credit that differs from the amount in the transmittal instructions.

(iv) A correction as described in section 7(4) of the act, being MCL 408.477(4).

(d) If an employer deposits wages into a pooled account accessible to an employee using a payroll debit card, the employer shall maintain records of each deposit sent to the card issuer for that account showing the amount of wages deposited for each employee and the date of the deposit. In addition, each cardholder's ownership interest in the funds deposited shall be indicated on records maintained by the card issuer, the depository institution's deposit account, or a third party.

History

• History: 2006 AACS.

Mich. Admin. Code R 408.9036 Lack of jurisdiction {#sec-r-408.9036 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.9036}

Rule 36. The following complaints shall be dismissed:

(a) A complaint alleging violation of sections 2 to 10 and 13a of the act, if the filing date is more than 12 months after the date the violation is alleged to have occurred.

(b) An employee discrimination complaint alleging violation of section 13(2) of the act, if the filing date is more than 30 days after the date the violation is alleged to have occurred.

(c) A complaint involving fringe benefits not defined under section 1(e) of the act.

(d) A complaint involving employment in the classified state civil service system.

(e) A complaint involving railroad employees covered by the railway laborers act.

(f) A complaint for which a civil action is filed by the claimant or for which there is a civil judgment that includes the same wages or fringe benefits claimed with the department.

(g) A complaint alleging either of the following:

(i) A claim period covered by a discharge of debt.

(ii) Non-payment of wages or fringe benefits earned prior to the filing of a bankruptcy petition or reorganization plan.

(h) A complaint for wages or fringe benefits earned by an employee of an employer not identified in section 1(d) of the act, including any of the following:

(i) The United States postal service.

(ii) A foreign government.

(iii) Employment by an Indian tribe on a reservation or tribal land.

(iv) An employee subject to the regulations of the United States office of personnel management, formerly known as the United States civil service commission.

(i) A complaint requiring the enforcement or interpretation of a fringe benefit provision of a private sector collective bargaining agreement.

(j) A complaint filed for 1 of the following:

(i) Work performed outside of Michigan for an employer outside of Michigan.

(ii) Work performed in Michigan at a fixed site for an employer outside of Michigan subject to the jurisdiction of another state’s wage protection law and that state asserts jurisdiction.

(iii) Work performed outside of Michigan for an employer located in Michigan.

(k) A complaint filed for monies deducted for taxes.

(l) A complaint filed for deductions required or expressly permitted by law.

(m) A complaint that alleges wages or fringe benefits earned by an employee, who has agreed to arbitrate compensation disputes under the authority of the federal arbitration act.

(n) A complaint that alleges wages or fringe benefits earned by an employee who has given contractual assent, not just a policy acknowledgement, to arbitration by the American arbitration association (aaa) for the issue or issues identified in the complaint.

(o) A complaint that alleges wages or fringe benefits earned by a public employee, who has a case pending, determination from, or files a case with the Michigan employment relations commission (merc) under the public employment relations act (pera) for the issue or issues identified in the complaint.

History

• History: 2014 AACS.

MIOSHA MIOSHA

R 408.10001 to R 408.10098 Part 1. General Provisions

Mich. Admin. Code R 408.10001 Scope {#sec-r-408.10001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 1. GENERAL PROVISIONS

Rule 1. This standard sets forth general rules for the employer and the employee in, around and about a place of employment, except that where a specific rule is set forth in another standard, the general rule is preempted.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10002 Referenced standard {#sec-r-408.10002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10002}

Rule 2. The Michigan Occupational Safety and Health Administration (MIOSHA)

General Industry Safety and Health Standard Part 27 “Woodworking Machinery,”

R 408.12701 to R 408.12799, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.10003 Definitions; E to M {#sec-r-408.10003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10003}

Rule 3. (1) "Equivalent" means an alternate design or feature that provides an equal or greater degree of safety.

(2) "Flammable" means to ignite easily, burn intensely, or to have a rapid rate of flame spread.

(3) "Hazard" means an unsafe condition or procedure that could result in an injury.

(4) "Machine" means a powered instrument or device that transmits force or motion in a predetermined manner. It may be fixed in place or transportable, but is not hand-held.

History

• History: 1979 AC; 1993 AACS; 2018 AACS.

Mich. Admin. Code R 408.10004 Definitions; P {#sec-r-408.10004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10004}

Rule 4. (1) "Pinch point" means a point at which it is possible to be caught between the moving parts of a machine, or between the moving and stationary parts of a machine or between material and any part of a machine.

(2) "Point of operation" means the point on a machine where work is performed.

(3) "Power failure" means the loss of power from the energy source.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10005 Definitions; S {#sec-r-408.10005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10005}

Rule 5. (1) "Shall" means mandatory.

(2) "Should" means recommended.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10011 Employer responsibilities {#sec-r-408.10011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10011}

Rule 11. An employer shall comply with all of the following:

(a) Provide training to each newly assigned employee regarding the operating procedures, hazards, and safeguards of the job.

(b) Not knowingly authorize a process, machine, or equipment to be used that does not meet applicable state safety standards.

(c) Provide a chain, bracket, or other device and assure its use at all times to restrain compressed gas cylinders from falling.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10012 Employee responsibilities {#sec-r-408.10012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10012}

Rule 12. An employee shall comply with all of the following:

(a) Not operate a machine or equipment until trained in the operating procedures, hazards, and safeguards and has been assigned to do so by the employer.

(b) Report to the supervisor any recognized hazard.

(c) Use required personal protective equipment or devices as prescribed in this standard or a MIOSHA specific standard.

(d) Not remove a guard or other safety device except for authorized servicing purposes. The guard or other safety device shall be replaced or equivalent guarding provided before the machine or equipment is returned to normal operation.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10013 Personal protective equipment {#sec-r-408.10013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10013}

Rule 13. (1) The personal protective equipment shall be of safe design and construction to perform the intended function.

(2) Personal protective equipment required by applicable MIOSHA standards and employee owned equipment shall be maintained by an established program to assure the continuing adequacy, condition, and sanitation of the equipment.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10015 Housekeeping {#sec-r-408.10015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10015}

Rule 15. (1) Materials, including scrap and debris, shall be piled, stacked, or placed in a container in a manner that does not create a hazard to an employee.

(2) Where vegetation is a hazard, an employee shall be protected by vegetation control or other means of protection, such as, but not limited to, a barrier, personal protective equipment, or medication.

(3) A storage area shall be kept free from accumulations of materials that constitute a hazard from fire, explosion, or pest harborage.

History

• History: 1979 AC; 1981 AACS; 1988 AACS; 2018 AACS.

Mich. Admin. Code R 408.10016 Rescinded {#sec-r-408.10016 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10016}

History

• History: 1979 AC; 1983 AACS; 2018 MR 2, Eff. Feb. 2, 2018.

Mich. Admin. Code R 408.10017 Lubrication {#sec-r-408.10017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10017}

Rule 17. (1) Lubrication shall be accomplished by 1 of the following:

(a) Manually, when the machine can be shut off and locked out.

(b) Automatic pressure or gravity feed system.

(c) Extension pipe or tube leading to an area outside of guards or away from any hazard.

(d) A means of lubrication that would provide equal or greater protection than subdivision (a), (b), or (c) of this rule, for the employee.

(2) Where access through a guard is provided, and the opening exceeds the table 2 specifications, the opening shall be provided with a hinged or sliding self-closing cover.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10018 Color coding {#sec-r-408.10018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10018}

Rule 18. (1) A safety can shall be red in color .

(2) A stop bar, stop button, electrical switch, or other mechanical device for the emergency stopping of machinery, excluding cables, shall be red in color .

(3) Yellow shall be the basic color for designating caution and for marking physical hazards. Solid yellow, yellow and black stripes, or yellow with a suitable contrasting background may be used interchangeably .

History

• History: 1981 AACS.

Mich. Admin. Code R 408.10021 Rescinded {#sec-r-408.10021 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10021}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10022 Rescinded {#sec-r-408.10022 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10022}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10026 De-railers, bumper blocks, and clearance signs {#sec-r-408.10026 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10026}

Rule 26.(1) Where rolling railroad cars on a spur track could make contact with a railcar being loaded or unloaded, repaired or serviced, or enter a building, work or traffic area, de-railers, bumper blocks, a blue flag or blue light, or other equivalent protection shall be used .

(2) A visible "Close Clearance" sign shall be used to indicate close clearance between a railcar and an adjacent fixed object if the fixed object is located less than 8 1/2 feet from the center of a straight track and 9 feet from the center of a curved track.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10031 Machine installations {#sec-r-408.10031 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10031}

Rule 31. (1) A machine installed on a bench, table, or stand shall be designed or secured to prevent unintentional movement or tipping.

(2) A stationary machine shall be anchored or provided with anti-slip pads to prevent unintentional movement.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10032 Rescinded {#sec-r-408.10032 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10032}

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 408.10033 Machine controls {#sec-r-408.10033 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10033}

Rule 33. (1) Powered electrical equipment shall have an on-off switch .

(2) When unexpected motion would cause injury, an actuating machine control, except for an emergency device for a powered fixed or transportable machine, shall be guarded or located to prevent accidental actuation .

(3) Unless its function is self-evident, each operating control device shall be identified as to its function .

(4) A powered machine that is attended by more than 1 employee shall be equipped with an actuation device for each employee who is exposed to a point of operation hazard. The machine shall activate only after concurrent use of all actuation devices .

(5) When unexpected motion would cause injury, precautions shall be taken to prevent a machine from automatically restarting upon the restoration of power after a power failure .

(6) Where a machine work station is remotely located from the machine controls, either a red emergency stop device shall be provided at the machine work station if a hazard exists that could cause an injury or the actuation of the controls shall require continuous depression during the hazardous portion of the machine cycle .

(7) Equipment that is operated in series so that one piece of equipment automatically supplies another shall be interlocked so that when any equipment in the series is stopped for any reason, the initial stopping causes the upstream equipment to stop if continued operation would create a hazard. Reactivation shall require a separate positive action by the employee who initiated the stop .

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 408.10034 Machine guards and devices {#sec-r-408.10034 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10034}

Rule 34. (1) Two hand-control devices shall be the anti-tie down type and located in a manner to prevent bridging. Operation shall require manual activation of both controls until a point is reached in the cycle where the operator cannot remove his or her hands and place them within a pinch point. If repeating would cause an injury, an anti-repeat device shall be incorporated into the control system.

(2) Guards shall be secured to the machine, if possible, or to other fixed objects. The guard shall not create a hazard in itself.

(3) A point of operation guard or device shall be as prescribed in a specific standard, or, in the absence of a specific standard, shall be designed and constructed, when required, to prevent the machine operator exposed to the hazard from having any part of his or her body in the hazardous area during the operating cycle. A guard or device for the point of operation of a nonproduction arbor press or straightening press is not required if the machine is equipped with a hand control that is designed to stop the ram action or return the ram to the up position when released .

(4) Hand tools shall not be substituted for the required guarding or point of operation devices, except that a hand tool may be used as prescribed in subrule (5) of this rule for a press brake operation. Where hand tools are used for placing into, and removing material from, a point of operation, they shall be designed so that the operator is not required to place a hand within the point of operation.

(5) A bending operation on a press brake involving less than 25 pieces of 1 specific bend, if not guarded, shall require the use of a hand tool when the operator must hold the work piece within 4 inches of the point of operation, and a conspicuous sign shall be posted on the machine stating "Hand tools shall be used to hold stock."

(6) A revolving barrel, container, or drum exposed to contact shall be guarded by a standard barrier, an enclosure, or equivalent protection where a hazard exists. Access through a standard barrier or enclosure shall be by a gate equipped with an interlock, which shall disconnect the power when the gate is opened and require manual re-actuation of a start button. A constant pressure jog control that bypasses the interlock may be used to aid loading and unloading.

(7) Blades of a fan, located within 7 feet of a floor or working level and used for ventilation or cooling of an employee, shall be guarded with a firmly affixed or secured guard. Any opening in the guard shall have not more than 1 of its dimensions more than 1 inch and the distance to the blade shall not be less than that prescribed in Table 1.

(8) A fan used in process cooling whose blade is less than 7 feet above the floor or working level shall meet the distance requirements of Table 2. Where the openings are larger than those shown in Table 2, the distance from the guard to the blade shall prevent any part of the employee's body from making contact with the blade.

(9) When an employee is exposed to a hazard created by a pinch point other than point of operation, the hazard shall be guarded or the employee otherwise protected.

(10) A band or circular saw shall be guarded as prescribed in General Industry Safety and Health Standard Part 27 “Woodworking Machinery,” as referenced in R 408.10002.

(11) An extractor, parts washer, or tumbler, manually controlled and equipped with an inside revolving cylinder, shall be equipped with a cover or door interlocked in such a manner as to prevent opening the door when the inside cylinder is in motion, and to prevent power operation of the inside cylinder when the cover or door is open. An inch control or constant pressure control which bypasses the interlock may be used to aid loading and unloading.

(12) An employee shall not place his or her body beneath equipment, such as vehicles, machines, or materials, supported only by a jack, overhead hoist, chain fall, or any other temporary single supporting means, unless safety stands, blocks or other support system capable of supporting the total imposed weight is used to protect the employee in case of failure of the supporting system.

TABLE 1

Smallest dimension in guard (inches):

Minimum distance from guard to blade:

Greater than 0 up to 1/4 inclusive 1/2 inch Greater than 1/4 up to 3/8 inclusive 1 1/2 inches Greater than 3/8 up to 1/2 inclusive 2 1/2 inches Greater than 1/2 up to 3/4 inclusive 4 inches Greater than 3/4 up to 1 inclusive 6 times the smallest dimension TABLE 2 Distance of opening from point of operation hazard (inches)

Maximum width opening (inches) 1/2 to 1 1/2 1/4 1 1/2 to 2 1/2 3/8 2 1/2 to 3 1/2 1/2 3 1/2 to 5 1/2 5/8 5 1/2 to 6 1/2 3/4 6 1/2 to 7 1/2 7/8 7 1/2 to 12 1/2 1 1/4 12 1/2 to 15 1/2 1 1/2 15 1/2 to 17 1/2 1 7/8 17 1/2 to 31 1/2 2 1/8

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10036 Air under pressure {#sec-r-408.10036 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10036}

Rule 36. (1) Air pressure at the discharge end of a portable air blow gun or portable air hose shall be less than 30 pounds per square inch gauge when dead-ended.

(2) When air under pressure is used to remove chips and dust, a chip guard, such as a fixed or removable shield, safely located, shall be provided to protect an employee in an adjacent area.

(3) Air under pressure, used in a manner which could cause injury, shall not be used for cleaning clothes while being worn or directly applied to any part of the body.

(4) Air under pressure shall not be used to move flammable dust in an area containing open flames or spark producing equipment.

(5) Air under pressure shall not be used to remove toxic dusts in an employee environment.

(6) An employee shall be protected by guards or location when pressure tests are being performed on materials or equipment where rupture or failure would create a hazard.

History

• History: 1979 AC; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.10037 Cleaning of containers {#sec-r-408.10037 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10037}

Rule 37. An employer shall not distribute, make available, furnish, or supply a container that is known to have contained a hazardous substance unless the container has been thoroughly cleaned to remove all traces of any hazardous substance, except where the container is refilled with the same substance .

History

• History: 1993 AACS.

Mich. Admin. Code R 408.10051 Rescinded {#sec-r-408.10051 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10051}

History

• History: 1979 AC.

Mich. Admin. Code R 408.10098 Rescinded {#sec-r-408.10098 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10098}

History

• History: 1981 AACS; 1988 AACS; 1993 AACS; 2018 AACS.

R 408.10101 to R 408.10199 Part 1a. Abrasive Wheels

Mich. Admin. Code R 408.10101 Scope {#sec-r-408.10101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10101}

DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of energy, labor and economic growth by sections 16 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, and 2008-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, and 445.2025)

PART 1A. ABRASIVE WHEELS

GENERAL PROVISIONS

Rule 101. This part sets forth rules and specifications for the safe use of abrasive wheels in, around and about places of employment. They include specifications for safety guards, flanges, chucks and rules for storage, handling, mounting and use of all grinding wheels, except natural sandstone wheels.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10102 Definitions; A to C {#sec-r-408.10102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10102}

Rule 102. (1) "Abrasive wheel-wheel" means a cutting tool that consists of abrasive grains held together by a bonding material.

(2) "Blotter" means a flat disc of compressible material that is used to cushion the area of a grinding wheel coming in contact with a flange.

(3) "Centerless O.D. grinding" means the precision grinding of the outer surface of any cylindrical workpiece which is rotated by a regulating wheel and supported by a work blade.

(4) "Concrete sawing" means the cutting or slotting of materials such as concrete or asphalt where the sawing machine rides upon the surface being sawed.

(5) "Contour grinding" means a grinding operation in which the grinding wheel or part follows a machine-generated contour.

(6) "Cutting off" means the slicing or parting of any material or part.

(7) "Cylindrical O.D. grinding" means the precision grinding of the outer surface of any cylindrical workpiece which is supported at one or both ends.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10103 Definitions; D to L {#sec-r-408.10103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10103}

Rule 103. (1) "Disc or plate-mounted grinding" means the removal of material using an abrasive wheel fastened to a metal plate.

(2) "Flange" means a collar, disc, or plate between which abrasive wheels are mounted.

(3) "Form grinding" means to impart a specific shape or form onto a grinding wheel for the purpose of grinding that specific shape to the material or workpiece.

(4) "Guard" means an enclosure that is designed to restrain pieces of abrasive wheel and protect the employee if the wheel breaks.

(5) "Internal grinding" means the precision grinding of the inside surface of the hole in a workpiece.

(6) "Lapidary" means to cut off, shape, or grind precious or semiprecious gem-like materials.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10104 Definitions; M to R {#sec-r-408.10104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10104}

Rule 104. (1) "Masonry cutting" means the cutting off, notching or slotting of units of materials such as brick, tile, block or refractory shapes where the workpiece is brought to the machine.

(2) "Mounted wheels" means various shaped abrasive wheels not more than 2 inches in diameter and mounted on a plain steel mandrel.

(3) "Off-hand grinding" means the grinding of any material which is held in an employee's hand.

(4) "Portable grinding" means a grinding operation where the machine is designed to be hand-held and may be easily moved from 1 location to another.

(5) "Precision grinding" means the grinding operation performed by machines used to finish work parts to specified dimensions and finish requirements.

(6) "Revolutions per minute--rpm" means the number of complete turns that a grinding wheel makes in 1 minute.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10105 Definitions; S to W {#sec-r-408.10105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10105}

Rule 105. (1) "Shoulder grinding" means a periphery grinding operation where a limited amount of grinding with the side of the wheel may be performed.

(2) "Snagging" means the grinding which removes relatively large amounts of material without regard to close tolerances or surface finish requirements.

(3) "Surface feet per minute" or "sfpm" means the distance in feet that any 1 abrasive grain travels in l minute on a peripheral surface of a rotating grinding wheel.

(4) "Surface grinding" means the precision grinding of a plane or formed surface.

(5) "Tool or cutter grinding" means the precision grinding or sharpening of various types of cutting tools.

(6) "Tuck pointing" means the removal, by grinding, of mortar, cement, or other nonmetallic material.

(7) "Wheel types" means the classification of abrasive wheels as listed in the following order:

SHAPE TYPES OF GRINDING WHEELS

Type 1 – Straight wheel Peripheral grinding wheel having a diameter thickness and hole.

Type 2 – Cylinder wheel.

Side grinding wheel having a diameter, thickness and wall — wheel is mounted on the diameter, or a similar wheel mounted in a chuck or on a plate.

Type 5 – Wheel, recessed one side.

Peripheral grinding wheel having one side straight or flat and the opposite side recessed. A recessed wheel allows a wider faced grinding wheel to be used when the available mounting thickness (E) is less than the required overall thickness (T).

The recess allows grinding clearance for the nut and flange.

Type 6 – Straight-cup wheel.

Side grinding wheel having a diameter, thickness and hole with one side straight or flat and the opposite side recessed. This type, however, differs from Type 5 in that the grinding is performed by the wall (W). The wall dimension (W) takes precedence over the diameter of the recess as an essential intermediate dimension to describe this shape type.

NOTE: Arrows indicate grinding surface.

Type 7 – Wheel, recessed two sides.

Peripheral grinding wheel having both sides recessed to allow grinding clearance for both flanges or recessed so that an unusually wide faced wheel may be mounted when the available mounting thickness (E) is less than the overall thickness (T).

Type 11 – Flaring-cup wheel.

Side grinding wheel having a wall flared or tapered outward from the back. Wall thickness at the back is normally greater than at the grinding face (W).

Type 12 – Dish wheel.

Side grinding wheel known as a dish, differing from a Type 11 in that Type 12 always has a (U) dimension. The (W) dimension of a Type 11 becomes the (A) dimension of a Type 12. The grinding may be performed by the (U) face.

Type 13 – Saucer wheel.

Peripheral grinding wheel known as a saucer, differing from a Type 12 in that the cross-section is equal throughout (U=E). The face is always half-round with R=U/2.

SHAPE TYPES OF GRINDING WHEELS CONES AND PLUGS

On all cones and plugs grinding is performed by all surfaces except the flat (dimension “D”) on the mounting side. These shapes normally have a blind hole threaded bushing for mounting.

Type 16 – Cone, curved side.

Curved sided cone with a radius nose sometimes referred to as “Bullet shape.”

Type 17 – Cone, straight side, square tip.

Cone with a straight side, square tip.

Type 18 – Plug, square end.

Plug – Cylindrical in shape with a square end.

Type 18R – Plug, round end.

Plug – Cylindrical in shape with a radius nose. R=D/2 Type 19 – Plugs, conical end, square tip.

Combination cone and plug with a square tip similar to Type 17 and the Cylindrical portion similar to Type 18.

The cylindrical portion (S) is normally equal to or greater than the depth of the blind hole threaded bushing (B).

NOTE: Arrows indicate grinding surface.

RELIEVED AND/OR RECESSED WHEELS

A relieved side is a depression in the side of the wheel which is tapered from a radial flat at the periphery (A) to an inside flat (K) or recess diameter (P).

Type 20 – Wheel, relieved one side.

Peripheral grinding wheel having one side straight or flat and the other side relieved to a flat.

Type 21 – Wheel, relieved two sides.

Peripheral grinding wheel having both sides relieved to a flat.

Type 22 – Wheel, relieved one side, recessed other side.

Peripheral grinding wheel having one side recessed and the other side relieved to a flat.

Type 23 – Wheel, relieved and recessed same side.

Peripheral grinding wheel having one side straight or flat and the other side relieved to a recess.

Type 24 – Wheel, relieved and recessed one side, recessed other side.

Peripheral grinding wheel having one side recessed and the other side relieved to a recess.

Type 25 – Wheel, relieved and recessed one side, relieved other side.

Peripheral grinding wheel having one side relieved to a flat and the other side relieved to a recess.

Type 26 – Wheel, relieved and recessed both sides.

Peripheral grinding wheel having both sides relieved to a recess.

Type 27 – Wheel, depressed center.

Portable Grinding: Grinding normally done by contact with work at approximately a 15° angle with face of wheel.

Cutting-Off: When used as a cutting-off wheel, the periphery is the grinding face.

Type 28 – Wheel, depressed center (saucer shaped grinding face).

Portable Grinding: Grinding normally done by contact with work at approximately a 15° angle with face of wheel.

NOTE: Arrows indicate grinding surface.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10111 Handling and storage of abrasive wheels {#sec-r-408.10111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10111}

Rule 111. (1) An abrasive wheel shall not be dropped, bumped, or rolled.

(2) An abrasive wheel shall be stored in a rack, bin, box, or drawer in a manner to prevent damage to the wheel.

(3) An abrasive wheel shall be disbursed on a first-in first-out basis.

(4) An abrasive wheel shall not be stored subject to:

(a) Exposure to high humidity, water, or other liquids.

(b) Freezing temperatures, or any temperature low enough to cause condensation on the wheel when moving it from storage to an area of higher temperature.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10113 Inspection of abrasive wheels {#sec-r-408.10113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10113}

Rule 113. (1) At time of unpacking, an abrasive wheel shall be inspected for damage.

(2) Prior to mounting, a vitrified or silicate wheel more than 4 inches in diameter shall be given a ring test by being tapped by a nonmetallic tool such as a handle of a screwdriver for a light wheel or a wooden mallet for a heavy wheel. The ring test shall be conducted as follows:

(a) Wheels must be dry and free from sawdust when applying the ring test, otherwise the sound will be deadened.

(b) Tap wheels about 45 degrees each side of the vertical center line and about 1 or 2 inches from the periphery as indicated by the spots in the figures below.

(c) Then rotate the wheel 45 degrees and repeat the test.

(d) A sound and undamaged wheel will give a clear metallic tone. If cracked, there will be a dead sound and not a clear "ring."

Light Wheels Heavy Wheels Suspend from hole by small pin or finger Support on clean hard floor

History

• History: 1979 AC.

Mich. Admin. Code R 408.10114 Work rests {#sec-r-408.10114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10114}

Rule 114. (1) An off hand grinder shall be equipped with either a work rest so located that the point of grinding is on a horizontal plane with the wheel spindle, or a device which shall prevent the work piece from jamming between the abrasive wheel and the wheel guard. Where a work rest or device is used at a height other than the horizontal plane with the spindle, a warning sign shall be installed to prohibit use of the grinder for other than the job for which the work rest or device was set.

(2) A work rest shall be adjusted and maintained to within 1/8 inch of the abrasive wheel. The adjustment shall be accomplished when the abrasive wheel is at rest.

(3) A work rest shall be designed and constructed of metal capable of supporting the work piece.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10115 Machine spindles {#sec-r-408.10115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10115}

Rule 115. (1) A wheel or flange that is secured by a spindle nut shall have the direction of the thread opposite that of the spindle rotation so that the nut will tighten as the spindle revolves.

(2) A spindle shall be long enough to engage all the threads within the nut.

(3) Spindle threads shall extend inside the flange, but not more than halfway within the hole of the abrasive wheel.

(4) The spindle shall not be larger than the nominal size, with the undersize tolerance limited as required to prevent a hazardous condition.

(5) A spindle on which a threaded-hole wheel is mounted shall be threaded to allow the abrasive wheel to be screwed flat against the back flange. In addition, all of the following requirements shall be complied with:

(a) The direction of the thread shall be such that removing the abrasive wheel requires rotation of the wheel in the same direction that it turns when in use.

(b) A spindle shaft shall not touch the bottom of a blind hole in an abrasive wheel.

(c) A back flange that is specified in this rule shall be flat, unrelieved, and square to the spindle axis.

GUARDING PROVISIONS

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10121 General requirements {#sec-r-408.10121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10121}

Rule 121. (1) An abrasive wheel shall be provided with a guard, except as noted in this subrule, which shall cover the spindle end, nut, and flange projections, as well as the periphery, other than where work is to be performed (see figures). Exceptions are as follows:

(a) Wheels used for internal grinding while advancing or retracting the work or while within the work.

(b) Mounted wheels that are not more than 2 inches in diameter.

(c) Plug and cones that are not more than 3 inches in diameter or 5 inches in length.

(d) A type l reinforced wheel which is not more than 3 inches in diameter and 1/4 inch thick and with which safety glasses and face shield protection are provided and used as prescribed in Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(e) Lapidary grinding. A metal diamond lapidary blade which is notched, segmented, or continuous rim and which is used within a coolant deflector does not require guards for speeds of not more than 3,500 sfpm.

(f) Tuck point wheel, masonry, or concrete saws may have the spindle end, nut, and flange exposed as per figures 1 and 2 of R 408.10198.

(2) The guard shall be constructed of material that is capable of retaining pieces of a broken wheel. See material tables. The guard shall be mounted so as to maintain alignment with the abrasive wheel to contain wheel breakage, and the strength of the fastenings shall exceed the strength of the guard. The guard shall be in position before starting the wheel.

(3) Where flying particles or fragments are a hazard to employees other than the grinder operator, an enclosure or barrier shall be provided to isolate the operation from the remaining working area.

(4) When openings in the wheel safety guard assemblies are required for dressing, a means shall be provided to protect the operator and other personnel from the hazards of flying particles, sparks, or wheel fragments.

R 408.10122. Guard exposure angles.

Rule 122. The maximum angle of exposure in a guard opening shall be as prescribed in table 1 of R 408.10199.

R 408.10123. Guard for portable grinders.

Rule 123. A guard on a right angle head or vertical portable grinder shall have the guard located so as to be between the operator and the abrasive wheel during use (see figure 3 of R 408.10198 and table 2 of R 408.10199). A portable grinder using a depressed center wheel shall have a guard as prescribed in figure 4 of R 408.10198 and table 3 of R 408.10199.

History

• History: 1979 AC; 1983 AACS; 1990 AACS.
• History: 1979 AC; 2009 AACS.
• History: 1979 AC; 2009 AACS.

Mich. Admin. Code R 408.10124 Guarding cup wheels {#sec-r-408.10124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10124}

Rule 124. (1) A cup wheel on a portable grinder shall be protected by a band-type guard.

(2) A band-type guard shall be constructed as prescribed in figures 6 and 7 of R 408.10198 and tables 4 and 5 of R 408.10199 and adjusted within 1/2 inch of the working surface of the abrasive wheel.

(3) A revolving cup guard shall not be used as a method of safeguarding.

(4) A guard for a tool and cutter grinder cup wheel shall be not less than 180 degrees of the periphery and the back side of the wheel shall be guarded. The spindle end and nut and front of the wheel need not be guarded if the spindle end and nut are inside the plane of the working face of the wheel. See figure 5 of R 408.10198.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10125 Exposure adjustments {#sec-r-408.10125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10125}

Rule 125. A guard for an abrasive wheel on a bench, floor, or cylindrical grinder shall be constructed so that the peripheral protecting member can be adjusted to the decreasing diameter of the abrasive wheel.The distance between the abrasive wheel and the end of the peripheral member at the top shall not exceed 1/4 inch. An adjustable tongue may be used to achieve this dimension.

R 408.10126. Material requirements and minimum dimensions.

Rule 126. (1) Figures 8 and 9 of R 408.10198 and table 6 of R 408.10199 shall be followed for material requirements, and minimum dimensions of peripheral and side members for guards. A cutting-off wheel 16 inches or less in diameter and operating at not more than 16,000 surface feet per minute may use cast or malleable iron as prescribed in table 6 of R 408.10199.

(2) A cutting-off wheel larger than 16 inches and operating at not more than 14,200 surface feet per minute shall have guards as prescribed in table 6 or 7 of R 408.10199.

R 408.10127. Construction of fabricated guards.

Rule 127. (1) A fabricated guard made of structural steel shall be as prescribed in table 8 of R 408.10199.

(2) Column A of table 8 shall also apply to cast guards.

(3) Column B of table 8 shall apply where an adjustable tongue is held by bolts.

(4) Any means of fastening shall be considered satisfactory if, when assembled, it has strength at least equal to the members being joined.

R 408.10128. Construction of drawn steel guards.

Rule 128. (1) A drawn steel guard for an abrasive wheel 8 inches and smaller on a portable grinder shall be as prescribed in figure 3 of R 408.10198 and table 2 of R 408.10199.

(2) A drawn steel guard for a depressed center wheel shall be as prescribed in figure 4 of R 408.10198 and table 3 of R 408.10199. The lip, shown as dimension B in figure 4 of R 408.10198, shall curl inward to deflect pieces if an abrasive wheel breaks.

R 408.10129. Construction of band type guards.

Rule 129. A band type guard for a segment, ring or nut inserted disc wheel shall be constructed as follows:

(a) The band shall be steel plate or material of equal strength and as prescribed in figure 10 of R 408.10198 and table 9 of R 408.10199. The band shall be continuous with the ends being welded, riveted or bolted in such a manner as to leave the inside free of projections.

(b) The inside diameter of the band shall not be more than 1 inch larger than the outside diameter of the abrasive wheel and shall be concentric with the abrasive wheel.

(c) The width and adjustment of the band shall be such that the wheel will not protrude beyond the edge of the band a distance greater than that prescribed in table 10 of R 408.10199.

FLANGE PROVISIONS

History

• History: 1979 AC.
• History: 1979 AC; 2009 AACS.
• History: 1979 AC; 2009 AACS.
• History: 1979 AC; 2009 AACS.
• History: 1979 AC; 2009 AACS.

Mich. Admin. Code R 408.10141 General requirements {#sec-r-408.10141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10141}

Rule 141. (1) An abrasive wheel shall be mounted between flanges, except as noted below, which shall not be less than 1/3 the diameter of the abrasive wheel.

Exceptions:

(a) Mounted wheel.

(b) Portable cup, plug and cone wheels with threaded inserts or studs.

(c) Abrasive disc of the inserted nut, inserted washer and projecting stud type.

(d) Plate mounted wheel.

(e) Cylinder, cup or segmented wheel mounted in a chuck.

(f) Depressed center wheel.

(g) Internal wheel less than 2 inches in diameter.

(h) Straight and flaring cup wheel for terrazzo use.

(i) Cutting-off wheel (see subrule (2)).

(j) Masonry and concrete saws.

(2) A straight cutting-off wheel shall be mounted between relieved flanges which are not less than 1/4 the wheel diameter. A depressed center cutting-off wheel more than 16 inches in diameter shall be mounted between flat unrelieved flanges not less than 1/4 the wheel diameter.

(3) A masonry saw using a reinforced resinoid and steel-centered wheel may use 4-inch diameter flanges for wheels through 20-inch diameter.

(4) Concrete saws using a steel-centered wheel 20-inch and larger may use flanges 1/6 the wheel diameter.

R 408.10142. Flange construction.

Rule 142. (1) Whenever a wheel is mounted between flanges, the flange shall be designed to transmit the driving torque from the spindle to the abrasive wheel. They shall be dimensionally accurate and balanced with no rough surfaces or sharp edges.

(2) A flange shall be made of steel, cast iron or materials of equal strength and rigidity so that when tightened, the radial width of the bearing surface of contact on the abrasive wheel is maintained (see figure 11 of R 408.10198).

(3) Two flanges between which an abrasive wheel is mounted, except when a special adaptor is used on a depressed center wheel, shall have the same dimensions and bearing surface.

(4) The minimum dimensions for the following types of flanges shall be maintained according to the listed figures and tables:

(a) Straight relieved flange - figure 11 of R 408.10198 and table 11 of R 408.10199.

(b) Straight unrelieved flange - figure 12 of R 408.10198 and table 12 of R 408.10199.

(c) Straight adaptor flange - figure 13 of R 408.10198 and table 13 of R 408.10199.

(d) Straight flange - figures 14 and 15 of R 408.10198 and table 14 of R 408.10199.

(e) Straight adaptor flange - figure 16 of R 408.10198 and table 15 of R 408.10199.

(f) Straight adaptor flange - heavy duty - figures 17 and 18 of R 408.10198 and table 16 of R 408.10199.

(g) Arborless wheel flange - figures 19 and 20 of R 408.10198 and table 17 of R 408.10199.

(h) Straight flange for wheel sleeves - figure 21 of R 408.10198 and table 18 of R 408.10199.

R 408.10143. Maintenance for flanges.

Rule 143. (1) A flange with a worn, warped, sprung or damaged bearing surface shall be repaired or replaced.

(2) When resurfacing a straight relieved flange, a recess of not less than 1/16 inch shall be maintained on the side next to the wheel for a distance prescribed in table 11 of R 408.10199.

(3) When resurfacing a straight flange of the adaptor or sleeve type, the undercut shown in figures 14 and 15 of R 408.10198 shall be maintained to insure that there will be no bearing on the sides of the abrasive wheel within 1/8 inch of the arbor hole.

MOUNTING PROVISIONS

History

• History: 1979 AC.
• History: 1979 AC; 2009 AACS.
• History: 1979 AC; 2009 AACS.

Mich. Admin. Code R 408.10151 Bushings {#sec-r-408.10151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10151}

Rule 151. A bushing used in mounting an abrasive wheel shall not be greater than the width of the wheel or make contact with the flange.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10152 Blotters {#sec-r-408.10152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10152}

Rule 152. A blotter shall be used between a flange and the abrasive wheel. The blotter shall cover the entire contact area of the flange.Exceptions:

(a) Mounted, cone, and plug wheels.

(b) Abrasive discs--inserted nut, inserted washer, and projecting stud type.

(c) Plate mounted wheels.

(d) Cylinders, cups, or segmented wheels that are chuck mounted.

(e) Type 27 and 28 depressed center wheels.

(f) Cutting-off wheels.

(g) Internal wheels not more than 2 inches in diameter.

(h) Type 4 tapered wheels.

(i) Diamond and Borzon type wheels.

(j) Terrazzo wheels.

(k) Type 27A cutting-off wheels.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10153 Multiple wheel mounting {#sec-r-408.10153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10153}

Rule 153. When mounting more than 1 abrasive wheel between a pair of flanges, the wheels shall be cemented together, separated by spacers having low compressibility such as soft copper or brass or especially manufactured for mounting without cementing or use of the prescribed spacers. The spacers shall be equal in diameter to the flanges and have equal bearing surfaces.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10154 Mounting nuts {#sec-r-408.10154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10154}

Rule 154. (1) A single spindle nut shall be tightened only enough to drive the abrasive wheel and prevent slippage.

(2) A multiple screw flange shall be tightened uniformly to distribute pressure over the flange surface and prevent springing of the flange.

R 408.10155. Mounting of abrasive disc wheels.

Rule 155. (1) An inserted nut wheel shall be mounted with a steel machine face plate of the same diameter as the wheel. The thickness of the machine face plate shall be as prescribed in table 19 of R 408.10199.

(2) A screw hole in the machine face plate shall be located to match the threaded hole in the inserted nut and large enough so the screw will not bind. Each screw hole in the plate shall be countersunk to a uniform depth to accommodate the screw head. A screw shall engage the threads of the inserted nuts, but not touch the bottom of the hole.

(3) A machine face plate shall be flat, concentric and mounted at a 90 degree angle to the machine spindle.

(4) A plate mounted wheel having a mounting plate thinner than prescribed in table 19 shall have an additional machine face plate installed to provide the additional strength needed. The added machine face plate shall have the same diameter as the wheel (see figure 22 of R 408.10198 and table 20 of R 408.10199).

History

• History: 1979 AC.
• History: 1979 AC; 2009 AACS.

Mich. Admin. Code R 408.10156 Mounting depressed center wheels {#sec-r-408.10156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10156}

Rule 156. (1) A depressed center wheel, except as prescribed in rule 157, shall be mounted with specially designed adaptors.

(2) The back flange shall extend beyond the central hub or raised portion and contact the wheel to counteract the side pressure on the wheel in use.

(3) The adaptor nut which is less than the minimum 1/3 diameter of the wheel shall fit into the depressed side to prevent interference in side grinding and drive the wheel by its clamping force against the depressed portion of the back flange.

(4) Adaptors affixed by the depressed center wheel manufacturer shall not be reused.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10157 Mounting depressed center cutting-off wheels {#sec-r-408.10157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10157}

Rule 157. A depressed center cutting-off wheel more than 16 inches in diameter shall be mounted with flat unrelieved flanges having matching bearing surfaces not less than 1/4 the wheel diameter.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10158 Mounting cylinder wheels {#sec-r-408.10158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10158}

Rule 158. (1) A cylinder wheel shall be cemented or chucked onto a machine face plate which shall be flat, concentric, and mounted at 90 degrees to the machine spindle.

(2) A cylinder wheel shall be used only on a machine equipped with a band-type guard as prescribed in R 408.10129.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10159 Mounting segments {#sec-r-408.10159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10159}

Rule 159. (1) Segments shall be chucked in a holding mechanism as prescribed by the manufacturer of the chucking device.

(2) The segments shall be used only on a machine equipped with a band-type guard as prescribed in R 408.10129.

SPEED PROVISIONS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10171 Rescinded {#sec-r-408.10171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10171}

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10172 Rescinded {#sec-r-408.10172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10172}

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10173 Training, maintenance, and procedures to prevent wheel overspeed {#sec-r-408.10173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10173}

Rule 173. An employer shall establish appropriate training, maintenance, and procedures to assure that wheel overspeed will not occur on an abrasive wheel.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10174 Grinding machine spindle speeds {#sec-r-408.10174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10174}

Rule 174. (1) The spindle speed shall be permanently marked on a grinding machine and maintained in a legible manner.

(2) The spindle speed shall not exceed the rated speed of the grinding wheel.

(3) The wheel spindle speed on a single-speed grinding machine shall be checked with a tachometer when a change is made which could affect the spindle speed.

(4) The wheel spindle speed on an air-driven grinder shall be checked with a tachometer as follows:

(a) After maintenance or repair.

(b) When in use, with such checks being performed as often as necessary to assure that wheel overspeed will not occur.

(5) The wheel spindle speed of a vari-speed grinding machine shall be checked with a tachometer as follows:

(a) When in use, with such checks being performed as often as necessary to assure that wheel overspeed shall not occur.

(b) After any change that could affect the spindle speed.

(c) When a new wheel is mounted.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10175 Wheel speeds {#sec-r-408.10175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10175}

Rule 175. (1) An abrasive wheel or its package shall show the maximum operating speed as revolutions per minute. The use of a package for this marking shall be limited to those shapes which make marking unfeasible.

(2) Except as provided for in R 408.10177, an abrasive wheel shall be run at a speed which is not more than that prescribed in table 21 of R 408.10199, but not more than the rated speed on the wheel. The revolutions per minute may be increased as the wheel diameter decreases if the original surface feet per minute speed is not exceeded. Wheel speed shall be computed from the free-running speed of the machine spindle.

(3) An employer shall purchase and use only an abrasive wheel which has been speed tested, as prescribed in table 22 of R 408.10199, by the manufacturer, with the following exceptions:

(a) A wheel that is less than 6 inches in diameter.

(b) A diamond or cubic boron nitride wheel that is bonded by metal or organic substances.

(c) A segmental disc wheel and disc wheel.

(d) A ball grinding wheel.

(e) A regulating wheel for centerless grinders.

(f) A mounted wheel.

(g) A segment.

(4) The operating speed and overhang of a mounted wheel shall be not more than that prescribed in tables 23 to 31 of R 408.10199 (See figure 23).

SPECIAL SPEEDS

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10177 Special speeds {#sec-r-408.10177 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10177}

Rule 177. (1) Wheels that are used on special applications at speeds higher than those listed in table 21 of R 408.10199 shall be marked for high-speed application and the specific conditions of use. The marked maximum speed of the wheel shall not be exceeded.

(2) The machine and its components, such as the spindle, bearings, guards, flanges, and rated horsepower, shall be such that the entire unit will operate safely at the special speed.

(3) An employer shall assure that a machine is operated with safety guards as prescribed in this part and that a machine and guards are maintained in good condition for continued safety.

OPERATING PROVISIONS

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10181 Operating provisions {#sec-r-408.10181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10181}

Rule 181. (1) A grinding machine with a vari-speed control shall have the speed adjustment supervised by an authorized and trained employee.

(2) Before mounting a wheel on a vari-speed grinder, an employee shall adjust the speed of a machine to not more than the rated speed of the wheel.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10182 Training {#sec-r-408.10182 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10182}

Rule 182. An employee shall be instructed in the care, use, and protection of an abrasive wheel and equipment before assignment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10183 Wheel breakage {#sec-r-408.10183 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10183}

Rule 183. (1) A cracked or broken wheel shall not be used.

(2) Wheel breakage shall be investigated by the employer to determine and correct the cause.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10184 Starting new wheels {#sec-r-408.10184 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10184}

Rule 184. After mounting an abrasive wheel, it shall be run with the guard in place or in an enclosure at operating speed for not less than 1 minute before applying work. During this time an employee shall not stand in front of or in line with the wheel.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10185 Truing and dressing wheels {#sec-r-408.10185 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10185}

Rule 185. An out-of-truth abrasive wheel shall be trued by a trained employee.

A wheel which cannot be trued shall not be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10186 Side, form, shoulder, and contour grinding {#sec-r-408.10186 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10186}

Rule 186. Side grinding shall only be performed on an abrasive wheel that is designed for that purpose. A wheel designed for grinding on the periphery shall not be used for side grinding. This does not preclude wheel use for applications such as shoulder, form, and contour grinding, where it is recognized that a limited amount of grinding with the side of the wheel is performed with a wheel that is designed for periphery grinding.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10187 Maintenance {#sec-r-408.10187 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10187}

Rule 187. (1) An employer shall maintain grinding equipment in a condition which will not create a hazard for the employee.

(2) An employer shall instruct the employee to report defective equipment to the employee's supervisor.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.10198 Figures {#sec-r-408.10198 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10198}

Rule 198. Figures 1 to 23 read as follows:

FIGURES 1 TO 23

FIGURE 1

FIGURE 2

FIGURE 3

TYPICAL DRAWN STEEL GUARD FOR WHEELS 8 inches Diameter and Smaller a, b & c FIGURE 4 DRAWN STEEL GUARD FOR PORTABLE GRINDERS USED WITH DEPRESSED CENTER WHEELS FIGURE 5 FIGURE 6 TYPICAL FABRICATED STEEL BAND-TYPE GUARD FOR SQUARED OR TAPERED CUP WHEELS FIGURE 7 TYPICAL DRAWN STEEL BAND-TYPE GUARD FOR TAPERED CUP WHEELS FIGURE 8 FIGURE 9 MINIMUM BASIC THICKNESS OF PERPHERAL AND SIDE MEMBERS FOR SAFETY GUARDS FIGURE 10 BAND-TYPE GUARD FOR RING, SEGMENT, NUT INSERTED WHEELS FIGURE 11 FIGURE 12 FIGURE 13 FIGURE 14 CENTRAL NUT MOUNTING FIGURE 15 MULTIPLE SCREW MOUNTING FIGURE 16 FIGURE 17 MULTIPLE SCREW MOUNTING FIGURE 18 CENTRAL NUT MOUNTING FIGURE 19 DOUBLE END SPINDLE FIGURE 20 OPEN END SPINDLE FIGURE 21 FIGURE 22 P d shall never be less than nor shall the difference between D and P d exceed 2 inches. It is recommended that P d equal D wherever practical.

FIGURE 23

DEFINING OVERHAND DIMENSIONS IN TABLES 23 TO 31

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10199 Tables {#sec-r-408.10199 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10199}

Rule 199. Tables 1 to 31 read as follows:

TABLES 1 TO 31

TABLE 1

GUARD EXPOSURE ANGLE

Grinder Type Exposure Above or Below Horizontal Plane Total Exposure Bench and Floor 65 degrees above *90 degrees Cylindrical Grinder 65 degrees above 180 degrees Surface Grinder 15 degrees below 150 degrees Cut-off Machine 15 degrees below 150 degrees Swing Frame 180 degrees Snagging 180 degrees Top 30 degrees above 60 degrees Portable 180 degrees Masonry and Concrete Saws 35 degrees above 180 degrees Tool and Cutter Grinder 180 degrees *Whenever the nature of the work requires contact with the abrasive wheel below the horizontal plane of the spindle, the exposure shall not exceed 125 degrees.

TABLE 2

GUIDE FOR CONSTRUCTION OF DRAWN STEEL GUARDS FOR WHEEL

2” THICK AND LESS, 8” AND LESS IN DIAMETER *Material Used in Construction of Guard Hot Rolled Steel SAE 1008 Min. Tensile Strength 60,000 PSI for speeds up to (SFPM)

Maximum Thickness of Wheel, Inches 2 to 5 inches Above 5 to 8 inches A Inches B Inches A Inches B Inches 9,500 2 1/16 1/16 3/32 1/16 12,500 2 3/32 1/16 3/32 3/32 17,000 1 3/32 1/16 1/8 3/32 *The recommendations listed in the above table are guides for the conditions stated. Other material, designs or dimensions affording equal or superior protection are also acceptable.

TABLE 3

DRAWN STEEL GUARD FOR PORTABLE GRINDERS

USED WITH DEPRESSED CENTER WHEELS

Material Used in Construction of Guard Thickness of Wheel Wheel Diameter Inches A Inches B Inches For speeds up to 14,200 SFPM *Hot Rolled Steel SAE 1008 min. tensile strength 60,000 PSI 3/8 inches or less 2 to 9 1/16 1/2 Over 3/8 to 1 inch 7 to 9 3/32 1 1/8 *The recommendations listed in the above table are guides for the conditions stated. Other material, designs or dimensions affording equal or superior protection are also acceptable.

TABLE 4

TABLE FOR FABRICATED STEEL GUARDS FOR SQUARED OR TAPERED CUP WHEELS

Wheel Diameter* Back Thickness *Band Thickness Bolts Connecting Band to Back Member 4” .056 – .064 .112 – .128 3 5/16 – 18 5” .082 – .098 .112 – .128 3 5/16 – 18 6” .082 – .098 .112 – .128 3 3/8 – 16 TABLE 5 TABLE FOR DRAWN STEEL GUARDS FOR TAPERED CUP WHEELS Wheel Diameter “A” No.

Bolts to Machine No.

Bolts Connecting Hood to Band Washer Back Plate Thickness “B”

O.D.

*“C”

Hood *”D”

Band 4” 1 7/8 4 1/4 – 20 3 5/16 – 18 x 3/4 .097 – .112 4 .056 – .064 .112 – .128 5” 2 1/8 4 5/16 – 18 3 5/16 – 18 x 3/4 .097 – .112 4 3/4 .082 – .098 .112 – .128 6” 2 5/8 4 5/16 – 18 4 5/16 – 18 x 3/4 .097 – .112 4 3/4 .082 – .098 .112 – .128 *The recommendations listed in the above tables are guides for the conditions stated.

Other material, designs or dimensions affording equal or superior protection are also acceptable. www.michigan.gov/orr TABLE 6 MINIMUM BASIC THICKNESSES OF PERIPHERAL AND SIDE MEMBERS FOR SAFETY GUARDS Material Used in Construction of Guard Maximum Thickness of Grinding Wheel GRINDING WH EEL DIAMETERS 3 to 6 inches Over 6 to 12 inches Over 12 to 16 inches Over 16 to 20 inches Over 20 to 24 inches Over 24 to 30 inches Over 30 to 48 inches A B A B A B A B A B A B A B Inches Inches Inches Inches Inches Inches Inches Inches Material Satisfactory* for speeds up to 8,000 SFPM Cast Iron (Min.

Tensile Strength 20,000 PSI)

Class 20 1/4 1/4 3/8 5/16 1/2 3/8 5/8 1/2 7/8 5/8 1 3/4 1 1/4 5/16 5/16 3/8 5/16 1/2 3/8 3/4 5/8 1 5/8 1 1/8 3/4 1 3/8 3/8 5/16 1/2 7/16 5/8 1/2 5/8 1 1/8 3/4 1 1/4 7/8 1 1/2 1 1/8 5/8 9/16 7/8 3/4 3/4 1 1/8 3/4 1 1/4 7/8 1 1/2 1 1/8 3/4 11/16 7/8 3/4 3/4 1 1/8 3/4 1 1/4 7/8 1 1/2 1 1/8 1 1/8 1 1/4 1 5/16 1 7/16 1 1/16 1 3/4 1 3/8 1 3/8 1 1/8 1 3/8 1 1/8 1 1/2 1 3/8 1 5/8 Material Satisfactory * for speeds up to 9,000 SFPM Malleable Iron (Min. Tensile Strength 50,000 PSI) Grade 32510 1/4 1/4 3/8 5/16 1/2 3/8 5/8 1/2 3/4 5/8 7/8 3/4 1 7/8 5/16 5/16 3/8 5/16 1/2 3/8 5/8 1/2 3/4 5/8 7/8 3/4 1 1/8 7/8 3/8 5/16 1/2 7/16 5/8 1/2 3/4 5/8 7/8 5/8 1 3/4 1 1/4 7/8 1/2 7/16 5/8 1/2 3/4 5/8 7/8 5/8 1 3/4 1 1/4 7/8 1/2 7/16 5/8 1/2 3/4 5/8 7/8 5/8 1 3/4 1 1/4 7/8 13/16 11/16 13/16 11/16 3/4 1 1/8 7/8 1 3/8 7/8 3/4 3/4 1 1/8 7/8 1 1/2 1 1/8 Material Satisfactory* for speeds up to 16,000 SFPM Steel Castings (Min. Tensile Strength 60,000 PSI) Grade V60-30 1/4 1/4 5/16 5/16 3/8 3/8 1/2 7/16 5/8 1/2 3/4 5/8 7/8 3/4 1/4 1/4 1/2 1/2 1/2 1/2 9/16 1/2 5/8 1/2 3/4 5/8 1 3/4 3/8 1/4 3/4 5/8 3/4 5/8 3/4 5/8 13/16 11/16 13/16 11/16 1 1/8 3/4 7/8 3/4 7/8 3/4 7/8 3/4 7/8 3/4 15/16 13/16 1 3/8 7/8 7/8 7/8 1 1/8 15/16 1 1/8 1 7/16 1 1/16 1 1/4 1 1/8 1 1/4 1 1/8 1 1/4 1 1/8 1 1/4 1 1/8 1 13/16 1 7/16 1 3/8 1 1/4 1 3/8 1 1/4 1 7/16 1 5/16 2 1/16 1 11/16 Structural Steel (Min.

Tensile 60,000 PSI) 1/8 1/16 5/16 1/4 5/16 1/4 5/16 1/4 5/16 1/4 3/8 5/16 1/2 3/8 1/8 1/16 3/8 5/16 3/8 5/16 3/8 5/16 3/8 5/16 3/8 5/16 1/2 3/8 3/16 1/16 1/2 3/8 7/16 3/8 7/16 3/8 7/16 3/8 7/16 3/8 3/4 1/2 1/2 3/8 9/16 7/16 9/16 7/16 9/16 7/16 5/8 1/2 3/4 1/2 9/16 7/16 5/8 1/2 5/8 1/2 5/8 1/2 5/8 1/2 7/8 5/8 5/8 9/16 3/4 5/8 3/4 5/8 13/16 11/16 1 1/16 13/16 13/16 11/16 13/16 11/16 7/8 3/4 1 3/16 15/16 *The recommendations listed in the above table are guides for the conditions stated.

Other material, designs or dimensions affording equal or superior protections are also acceptable.

TABLE 7

MINIMUM BASIC THICKNESS FOR PERIPHERAL AND SIDE

MEMBERS FOR SAFETY GUARDS USED WITH CUTTING-OFF WHEELS

Material Used in Construction of Guard Maximum Thickness of Cutting Off Wheel Speed Not to Exceed Cutting Off Wheel Diameters 6 to 11 inches Over 11 to 20 inches Over 20 to 30 inches Over 30 to 48 inches Over 48 to 72 inches A B A B A B A B A B *Structural Steel (Min. Tensile Strength 60,000 PSI) 1/2 inch or less 14,200 SFPM 1/16 1/16 3/32 3/32 1/8 1/8 3/16 3/16 1/4 1/4 1/2 inch or less 16,000 SFPM 3/32 1/8 1/8 1/8 3/16 1/8 1/4 3/16 5/16 1/4 *The recommendations listed in the above table are guides for the conditions stated.

Other material, designs or dimensions affording equal or superior protection are also acceptable.

TABLE 8

DIMENSIONAL REQUIREMENTS FOR CONSTRUCTION OF FABRICATED GUARDS

MAXIMUM WHEEL SPEED 10,000 SFPM

A B C D E F G H

Diameter of Wheel Length of Tongue Diameter of Bolts Medium Carbon Quenched & Tempered Size of Angle Supports Tongue and Rest Diameter of Rivets for Supports Diameter of End Connecting Bolts Thickness of Tongue Maximum Space Between New Wheel and Guard at Periphery Maximum Inside Width of Guard Inches Inches Inches Inches Inches Inches Inches Inches Inches Under 12 3 1/2 9/16 1 1/2 x 1 1/2 x 5/16 4 ea. @ 1/2 1/2 1/4 1 1/2 1 1/2 wider than wheel 16 5 5/8 2 x 2 x 5/16 4 ea. @ 5/8 9/16 5/16 1 1/2 2 wider than wheel 24 6 3/4 2 x 2 x 1/2 6 ea. @ 5/8 5/8 1/2 1 1/2 2 wider than wheel 30 7 11/16 2 1/2 x 2 1/2 x 1/2 6 ea. @ 11/16 11/16 1/2 1 1/2 2 wider than wheel NOTE: Column D assumes low carbon steel (38,000 PSI tensile) rivets. Two rivets per bar 12 and 16” diameter. For rivets per bar 24 and 30” diameter.

TABLE 9

GUIDE FOR CONSTRUCTION OF BAND TYPE GUARDS

Maximum Wheel Speed 7000 SFPM For Ring, Segment, Nut Inserted Wheels Maximum Material Specifications Diameter of Wheel Minimum Thickness of Band A Minimum Diameter of Rivets Maximum Distance Between Centers of Rivets Inches Inches Inches Inches *Hot Rolled Steel SAE 1008 Under 8 1/16 3/16 3/4 8 to 24 1/8 1/4 1 Over 24 to 30 1/4 3/8 1 1/4 * The recommendations listed in the above table are guides for the conditions stated. Other material, designs or dimensions affording equal or superior protection are also acceptable.

TABLE 10

GUIDE FOR CONSTRUCTION OF BAND TYPE GUARDS

EXPOSURE VERSUS WHEEL THICKNESS

Overall Thickness of Wheel (T) Inches Maximum Exposure of Wheel (C) Inches 1/2 1/4 1 1/2 2 3/4 3 1 4 1 1/2 5 and over 2 TABLE 11 MINIMUM DIMENSIONS FOR STRAIGHT RELIEVED FLANGES A* B C D E Diameter of Wheel **Minimum Outside Diameter of Flanges Radial Width of Bearing Surface Minimum Thickness of Flange at Bore Minimum Thickness of Flange at Edge of Recess Minimum Maximum Inches Inches Inches Inches Inches Inches 1 3/8 1/16 1/8 1/16 1/16 2 3/4 1/8 3/16 1/8 3/32 3 1 1/8 3/16 3/16 3/32 4 1 3/8 1/8 3/16 3/16 1/8 5 1 3/4 3/16 1/4 1/4 1/8 6 2 1/4 1/2 3/8 3/16 7 2 1/2 1/4 1/2 3/8 3/16 8 3 1/4 1/2 3/8 3/16 10 3 1/2 5/16 5/8 3/8 1/4 12 4 5/16 5/8 1/2 5/16 14 4 1/2 3/8 3/4 1/2 5/16 16 5 1/2 1/2 1 1/2 5/16 18 6 1/2 1 5/8 3/8 20 7 5/8 1 1/4 5/8 3/8 22 7 1/2 5/8 1 1/4 5/8 7/16 24 8 3/4 1 1/4 5/8 7/16 26 8 1/2 3/4 1 1/4 5/8 1/2 28 10 7/8 1 1/2 3/4 1/2 30 10 7/8 1 1/2 3/4 5/8 36 12 1 2 7/8 3/4 42 14 1 2 7/8 3/4 48 16 1 1/4 2 1 1/8 1 60 20 1 1/4 2 1 1/4 1 1/8 72 24 1 1/2 2 1/2 1 3/8 1 1/4 * Flanges for wheels under 2 inches diameter may be unrelieved and shall be maintained flat and true. ** See rule 141.

TABLE 12

MINIMUM DIMENSIONS FOR STRAIGHT UNRELIEVED FLANGES

FOR WHEELS WITH THREADED INSERTS OR PROJECTING STUDS

A B* T

Diameter of Wheel Minimum Outside Diameter of Flange Minimum Thickness of Flange Inches Inches Inches 1 5/8 1/8 2 1 1/8 3 1 3/16 4 1 3/8 3/16 5 1 3/4 1/4 6 2 3/8 * NOTE: Must be large enough to extend beyond the bushing. Where prong anchor or cupback bushing are used, this footnote does not apply.

TABLE 13

MINIMUM DIMENSIONS FOR STRAIGHT ADAPTOR FLANGE

FOR ORGANIC BONDED WHEELS OVER 1 1/4 INCH THICK

B D E F*

Wheel Diameter Wheel Hole Diameter Minimum Flange Diameter Minimum Thickness of Flange at Bore Minimum Thickness of Flange at Edge of Undercut (D-E)

Minimum Thickness Inches Inches Inches Inches Inches Inches 12 to 14 4 6 7/8 3/8 1/2 5 7 7/8 3/8 1/2 6 8 7/8 3/8 1/2 Larger than 14 to 18 4 6 7/8 3/8 1/2 5 7 7/8 3/8 1/2 6 8 7/8 3/8 1/2 7 9 7/8 3/8 1/2 8 10 7/8 3/8 1/2 Larger than 18 to 24 6 8 1 1/2 1/2 7 9 1 1/2 1/2 8 10 1 1/2 1/2 10 12 1 1/2 1/2 12 14 1 1/2 1/2 Larger than 24 to 30 12 15 1 1/2 1/2 Larger than 30 to 36 12 15 1 3/8 7/8 1/2 * For wheels under 1 1/4 inch thick F dimension shall not exceed 40% of wheel thickness.

TABLE 14

MINIMUM DIMENSIONS FOR STRAIGHT FLANGES

FOR AUTOMATIC SNAG MACHINES 12,500 S.F.P.M. TO 16,500 S.F.P.M.

B D E F*

Wheel Diameter Wheel Hole Diameter Minimum Flange Diameter Minimum Thickness of Flange at Bore Minimum Thickness of Flange at Edge of Undercut (D-E)

Minimum Thickness 20 6 8 1 1/2 1/2 20 8 10 1 1/2 3/4 3/4 24 12 15 1 1/2 3/4 3/4 30 12 15 1 1/2 3/4 3/4 36 12 15 1 1/2 3/4 3/4 FLANGES shall be of steel, quality SAE 1040 or equivalent, annealed plate, heat treated to R c 25- 30. * For wheels under 1 1/4 inch thick F dimension shall not exceed 40% of wheel thickness.

TABLE 15

MINIMUM DIMENSIONS FOR STRAIGHT ADAPTOR FLANGE

FOR ORGANIC BONDED WHEELS USED ON SWING FRAME GRINDERS

AT 12,500 S.F.P.M. TO 16,500 S.F.P.M.

B D E F*

Wheel Diameter Wheel Hole Diameter Minimum Flange Diameter Minimum Thickness of Flange at Bore Minimum Thickness of Flange at Edge of Undercut (D-E)

Minimum Thickness 20 6 8 1 1/2 1/2 20 8 10 1 1/2 1/2 24 12 15 1 1/2 1/2 30 12 15 1 1/2 1/2 FLANGES shall be of steel, quality SAE 1040 or equivalent, annealed plate, heat treated to R c 25- 30. * For wheels under 1 1/4 inch thick F dimension shall not exceed 40% of wheel thickness.

TABLE 16

MINIMUM DIMENSIONS FOR STRAIGHT FLANGES FOR HEAVY DUTY,

HIGH SPEED FLOOR STAND GRINDERS

12,500 S.F.P.M. TO 16,5000 S.F.P.M.

B D Wheel Diameter Hole Diameter Minimum Flange Diameter Minimum Thickness of Flange at Bore 20 6 thru 10 8 thru 12 1 24 12 15 1 30 12 15 1 FLANGES shall be of steel, quality SAE 1040 or equivalent, annealed plate, heat treated to R c 25- 30.

TABLE 17

MINIMUM DIMENSIONS FOR FLANGES

FOR ARBORLESS WHEELS – ORGANIC BOND

Wheel Diameter Bolt Circle “B” Minimum Flange Diameter Torque Used in Mounting Ft. Lbs.

Minimum Hole Size Dimensions. (8 holes)

(holes equally spaced) 16 6 1/2 8 7/8 30-40 All mounting holes shall be 17/32” inside diameter, with a fiber bushing in place, not to exceed 21/32” outside diameter. 20 8 10 3/8 30-40 24 9 5/8 12 40-60 30 12 14 3/8 40-60 TABLE 18 MINIMUM DIMENSIONS FOR STRAIGHT FLANGES USED AS WHEEL SLEEVES FOR PRECISION GRINDING ONLY B D E Wheel Diameter Wheel Hole Diameter Minimum Outside Diameter of Flange Minimum Thickness of Flange at Bore Minimum Thickness of Flange at Edge of Undercut Inches Inches Inches Inches Inches 12 to 14 5 7 1/2 7/16 Larger than 14 to 20 5 7 5/8 7/16 6 8 5/8 7/16 8 10 5/8 7/16 10 11 1/2 5/8 7/16 12 13 1/2 5/8 7/16 Larger than 20 to 30 8 10 3/4 1/2 10 11 1/2 3/4 1/2 12 13 1/2 3/4 1/2 16 17 1/2 3/4 1/2 Larger than 30 to 42 12 13 1/2 3/4 1/2 16 17 1/2 3/4 1/2 18 19 1/2 3/4 1/2 20 21 1/2 3/4 1/2 Larger than 42 to 60 16 20 1 3/4 20 24 1 3/4 24 29 1 1/8 7/8 Note: These flanges may be clamped together by means of a central nut, or by a series of bolts or some other equivalent means of fastening.

For hole sizes smaller than shown in this table, use table 9.

TABLE 19

MINIMUM THICKNESS OF STEEL DISC WHEELS

(MACHINE FACE PLATE) FOR MOUNTING ABRASIVE DISCS

Diameter Inches Minimum Thickness Inches 8 to 14 inclusive 1/2 15 to 18 inclusive 5/8 19 to 26 inclusive 3/4 27 to 36 inclusive 7/8 37 to 40 inclusive 1 41 to 72 inclusive 1 1/8 TABLE 20 MINIMUM THICKNESS OF STEEL DISC WHEELS FOR MACHINES USING PLATE MOUNTED WHEELS HAVING THIN MOUNTING PLATES Abrasive Disc Diameter D (Inches) Minimum Thickness Pt (Inches) 12 and smaller 3/8 14 to 16 inclusive 1/2 17 to 18 inclusive 5/8 19 to 26 inclusive 3/4 27 to 36 inclusive 7/8 TABLE 21 STANDARD MAXIMUM SPEEDS IN SURFACE FEET PER MINUTE Classification Number Types of Wheels (See Section 1 for Definitions)

Inorganic Bonds Organic Bonds Low Strength Medium Strength High Strength Low Strength Medium Strength High Strength OPERATING SPEED SHALL NOT EXCEED:

SFPM SFPM SFPM SFPM SFPM SFPM

Type 1 – Straight Wheels – except classifications 6, 7, 9, 10, 11, 12 and 13 below 5,500 6,000 6,500 6,500 8,000 9,500 Type 4* – Taper Side Wheels Types 5, 7, 20, 21, 22, 23, 24, 25, 26 Recessed, Dovetailed and/or relieved wheels. (Except Classification 7 below)

Type 12 – Dish Wheels Type 13 – Saucer Wheels Types 16, 17, 18, 19 – Cones and Plugs Type 2 – Cylinder Wheels including plate mounted, inserted nut and projecting stud – Segments 5,000 5,500 6,000 5,000 6,000 7,000 Cup Shape Tool Grinding Wheels (For Fixed Base Machines)

Type 6 – Straight Side Cups Type 11 – Flaring Cups 4,500 5,000 6,000 6,000 7,500 8,500 Cup Shape Snagging Wheels (For Portable Machines)

Type 6 – Straight Side Cups Type 11 – Flaring Cups 4,500 5,500 6,500 6,000 8,000 9,500 Abrasive Discs: Plate Mounted Inserted Nut and Projecting Stud:

Solid or Segmented 5,500 6,000 6,500 5,500 7,000 8,500 6† Reinforced Wheels Type 1 Max. Dia. 4”

Max. Thickness 1/4"

X X X 9,500 12,500 16,000

Max. Dia. 10”

Max. Thickness 1/2"

X X X 9,500 12,500 14,200

TABLE 21

STANDARD MAXIMUM SPEEDS IN SURFACE FEET PER MINUTE

Classification Number Types of Wheels (See Section 1 for Definitions)

Inorganic Bonds Organic Bonds Low Strength Medium Strength High Strength Low Strength Medium Strength High Strength OPERATING SPEED SHALL NOT EXCEED:

SFPM SFPM SFPM SFPM SFPM SFPM

All Other Dias. and Thicknesses X X X 9,500 12,500 12,500 Reinforced Wheels – Types 27 and 28 Max. Dia. 9”

Max. Thickness 3/8”

X X X 9,500 12,500 14,200

Max. Dia. 9” – Over 3/8” Thick X X X X 9,500 11,000 Type 1 Wheels for Bench and Pedestal Grinders and Types 1 and 5 Surface Grinders in following sizes only. 7” dia. up to 2” thick and up to 2” hole 5,500 6,325 6,600 6,500 8,000 9,500 8” dia. up to 2” thick and up to 2” hole 5,500 6,325 7,550 6,500 8,000 9,500 Diamond Wheels Cutting-Off – IAI, IAIR, IAIRS** X X 16,000 X X 16,000 Metal Bond X X 12,000 X X X Resin Bond X X X X X 9,500 Vitrified Bond X X 6,500 X X X Cutting Off Wheels Type 1 and 27A Larger than 16” dia., Including Reinforced Organic X X X 9,500 12,000 14,200 Cutting-Off Wheels Type 1 and 27A 16” dia., and smaller – Including Reinforced Organic X X X 9,500 12,000 16,000 11 Thread and Flute Grinding Wheels 8,000 10,000 12,000 8,000 10,000 12,000 12 Crankshaft and Camshaft Grinding Wheels 5,500 8,000 8,500 6,500 8,000 9,500 Type 1 Snagging Wheels 16” dia. and Larger, Organic Bond, Non Reinforced Used on Specifically Designed Swing Frame and Mechanical Grinders X X X X X 12,500 Internal Wheels – Type 1 and 5 Maximum dia. 6” 5,500 8,000 8,500 6,500 8,500 9,500 * Non-standard Shape. † Classification 6 excludes cut-off wheels. ** Standard Diamond Wheel Shapes.

TABLE 22

WHEEL MANUFACUTERS TESTING SPEEDS

Class of Wheel Operating Speed Surface Feet Per Minute Minimum Test Factor* Cutting-off Wheels All speeds 1.20 All Bonds and Wheel Types (Except Cutting-off Wheels)

Up to 5,000 1.25 All Bonds and Wheel Types (Except Cutting-off wheels)

Faster than 5,000 1.50 * Actual operating speed shall be multiplied by this test factor to establish minimum speed at which wheels shall be tested by the wheel manufacturer.

TABLE 23

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 3/32” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

W 141 3/32 5/32 93,750 53,250 37,500 25,500 16,500

W 142 3/32 1/4 93,750 53,250 37,500 25,500 16,500

W 143 1/8 1/8 93,750 53,250 37,500 25,500 16,500

W 144 1/8 1/4 93,750 53,250 37,500 25,500 16,500

W 145 1/8 3/8 88,500 49,500 35,250 24,000 15,750

W 146 1/8 1/2 81,000 43,750 31,500 22,500 15,000

W 147 5/32 1/32 93,750 53,250 37,500 25,500 16,500

W 148 5/32 1/16 93,750 53,250 37,500 25,500 16,500

W 149 5/32 1/4 90,750 50,250 36,000 24,750 15,750

W 150 3/16 1/16 93,750 53,250 37,500 25,500 16,500

W 151 3/16 1/8 93,750 53,250 37,500 25,500 16,500

W 152 3/16 1/4 83,250 47,250 33,000 23,250 15,000

W 153 3/16 3/8 73,500 42,000 28,500 21,000 13,500

W 154 3/16 1/2 66,000 38,250 25,500 18,750 12,750

W 155 13/64 1/4 78,000 44,250 30,750 21,750 14,250

W 156 1/4 1/32 93,750 53,250 37,500 25,500 16,500

W 157 1/4 1/16 93,750 53,250 37,500 25,500 16,500

W 158 1/4 1/8 93,750 53,250 37,500 25,500 16,500

W 159 1/4 3/16 78,000 44,250 30,750 21,750 14,250

W 160 1/4 1/4 69,000 42,000 27,750 18,750 13,500

W 161 1/4 5/16 66,000 39,750 24,750 17,250 12,750

W 162 1/4 3/8 57,000 34,500 23,250 16,500 11,250

W 165 5/16 1/16 93,000 51,750 37,500 25,500 16,500

W 166 5/16 1/8 84,750 48,750 28,500 19,500 14,250

W 167 5/16 1/4 61,500 39,000 24,750 18,000 12,000

W 168 5/16 5/16 56,250 33,750 22,500 16,500 12,000

W 169 5/16 3/8 48,000 28,500 20,250 15,000 11,250

W 170 5/16 1/2 39,750 26,250 16,500 12,750 9,750

W 171 5/16 3/4 27,750 19,500 13,500 10,500 8,250

W 172 3/8 1/16 85,500 48,750 33,750 24,000 15,000

W 173 3/8 1/8 71,250 46,500 30,000 19,500 12,750

W 174 3/8 1/4 54,000 32,250 21,000 15,000 10,500

W 175 3/8 3/8 41,250 24,000 18,000 12,750 9,750

W 176 3/8 1/2 33,750 21,000 15,750 12,000 9,000

TABLE 24

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/8” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

W 143 1/8 1/8 105,000 64,500 46,650 32,400 21,370

W 144 1/8 1/4 105,000 64,500 46,650 32,400 21,370

W 145 1/8 3/8 105,000 64,500 46,650 32,400 21,370

W 146 1/8 1/2 105,000 64,500 46,650 32,400 21,370

W 151 5/16 1/8 105,000 64,500 46,650 32,400 21,370

W 152 3/16 1/4 105,000 64,500 46,650 32,400 21,370

W 153 3/16 3/8 80,850 52,500 37,500 26,250 17,620

W 154 3/16 1/2 70,500 46,500 31,500 21,970 15,220

W 157 1/4 1/16 123,000 65,525 47,770 33,150 21,750

W 158 1/4 1/8 105,000 64,500 46,650 32,400 21,370

W 159 1/4 3/16 92,400 57,370 39,370 27,900 18,900

W 160 1/4 1/4 81,370 51,000 34,120 24,000 16,870

W 161 1/4 5/16 77,250 45,970 30,900 22,500 16,120

W 162 1/4 3/8 68,400 42,370 28,870 20,850 15,000

W 163 1/4 1/2 60,000 38,020 26,250 18,750 13,870

W 164 1/4 3/4 45,900 30,000 21,750 15,900 11,850

W 165 5/16 1/16 107,400 62,470 41,250 29,250 20,250

W 166 5/16 1/8 96,970 57,000 35,620 25,120 18,000

W 167 5/16 1/4 75,000 47,570 31,120 22,500 15,750

W 168 5/16 5/16 68,400 41,770 28,650 21,000 15,000

W 169 5/16 3/8 61,650 37,720 27,000 19,870 14,250

W 170 5/16 1/2 52,500 33,000 23,020 16,650 12,600

W 171 5/16 3/4 37,120 25,500 18,750 14,620 10,020

W 172 3/8 1/16 99,370 59,250 41,020 29,250 20,250

W 173 3/8 1/8 87,600 53,250 35,250 24,750 17,250

W 174 3/8 1/4 69,000 41,250 27,750 20,400 15,000

W 175 3/8 3/8 54,000 33,000 24,150 18,000 13,500

W 176 3/8 1/2 45,370 28,500 21,000 15,900 12,150

W 177 3/8 3/4 33,750 23,250 17,620 13,650 10,350

W 178 3/8 1 26,250 18,750 14,250 10,870 8,250

W 181 1/2 1/16 76,390 55,500 36,750 25,500 17,850

W 182 1/2 1/8 73,500 43,650 29,100 20,770 15,450

W 183 1/2 1/4 51,750 31,870 22,500 17,250 12,900

W 184 1/2 3/8 41,020 26,400 19,500 15,000 11,400

W 185 1/2 1/2 34,500 22,500 16,870 13,120 9,900

W 186 1/2 3/4 26,250 17,400 12,750 9,750 8,020

W 187 1/2 1 20,620 13,870 10,120 7,870 6,370

TABLE 24

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/8” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

W 190 5/8 1/16 61,120 48,000 31,500 22,650 16,870

W 191 5/8 1/8 58,870 34,500 25,120 18,900 14,250

W 192 5/8 1/4 43,120 27,370 19,870 15,220 11,620

W 193 5/8 3/8 32,250 23,020 16,500 12,520 9,750

W 194 5/8 1/2 29,400 19,120 13,500 10,500 8,250

W 195 5/8 3/4 22,120 14,250 10,120 7,650 6,150

W 196 5/8 1 17,620 11,620 8,100 6,150 5,100

W 199 3/4 1/16 50,930 44,770 30,000 21,750 15,750

W 200 3/4 1/8 50,930 33,520 23,850 17,850 13,350

W 201 3/4 1/4 38,250 24,370 17,400 13,270 9,970

W 202 3/4 3/8 30,600 19,500 13,500 10,120 7,800

W 203 3/4 1/2 25,500 15,900 10,870 8,250 6,600

W 204 3/4 3/4 18,900 12,000 8,400 6,220 5,250

W 210 7/8 1/16 43,650 35,250 25,720 18,900 14,320

W 211 7/8 1/8 43,650 27,900 20,400 15,820 12,220

W 212 7/8 1/4 33, 750 20,400 14,400 11,020 9,000

W 213 7/8 3/8 27,000 16,870 11,250 8,250 6,600

W 215 1 1/8 38,200 24,900 18,000 13,870 10,500

W 216 1 1/4 30,520 18,600 12,750 9,520 7,500

TABLE 25

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 3/16” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

W 158 1/4 1/8 121,500 66,750 48,000 36,000 26,250

W 159 1/4 3/16 112,500 63,000 47,250 34,650 25,120

W 160 1/4 1/4 103,500 60,000 44,250 33,000 24,000

W 161 1/4 5/16 93,750 58,120 42,750 31,870 22,500

W 162 1/4 3/8 89,250 56,250 41,250 30,000 21,750

W 163 1/4 1/2 78,750 52,500 39,000 28,870 20,620

W 164 1/4 3/4 62,250 39,750 30,000 23,250 16,500

W 166 5/16 1/8 118,500 65,250 47,250 35,250 25,500

W 167 5/16 1/4 100,500 58,500 43,500 35,620 23,250

W 168 5/16 5/16 93,000 57,000 42,000 30,750 22,120

W 169 5/16 3/8 87,370 55,350 40,870 28,880 21,000

W 170 5/16 1/2 76,500 47,250 34,500 25,500 18,750

W 171 5/16 3/4 57,000 37,500 27,750 21,750 15,750

W 173 3/8 1/8 101,900 65,250 46,500 34,500 24,750

W 174 3/8 1/4 98,850 57,750 42,750 32,250 23,250

W 175 3/8 3/8 81,750 50,620 36,750 27,750 20,250

W 176 3/8 1/2 66,750 43,120 31,350 23,620 17,400

W 177 3/8 3/4 54,000 36,000 26,250 20,250 15,000

W 178 3/8 1 42,000 29,250 22,500 17,250 12,900

W 182 1/2 1/8 76,390 56,250 39,870 29,250 21,750

W 183 1/2 1/4 75,000 47,400 33,370 24,900 18,750

W 184 1/2 3/8 57,750 39,750 29,250 21,750 15,750

W 185 1/2 1/2 49,870 33,750 25,500 19,500 14,620

W 186 1/2 3/4 39,000 28,120 21,370 15,750 12,000

W 187 1/2 1 32,250 23,250 18,370 13,500 10,500

W 188 1/2 1 1/2 22,870 17,620 13,870 11,250 ----

W 189 1/2 2 17,250 13,500 10,500 8,620 ----

W 191 5/8 1/8 61,120 51,370 36,370 27,000 20,250

W 192 5/8 1/4 61,120 43,500 30,750 23,400 18,000

W 193 5/8 3/8 52,500 34,870 25,500 18,750 15,000

W 194 5/8 1/2 44,400 31,120 23,400 18,000 13,500

W 195 5/8 3/4 34,500 24,000 18,370 14,250 10,500

W 196 5/8 1 25,870 18,900 15,000 11,620 9,370

W 197 5/8 2 14,770 11,770 8,700 7,270 ----

W 200 3/4 1/8 50,930 48,750 33,750 25,500 19,500

W 201 3/4 1/4 50,930 37,500 27,900 21,370 16,500

W 202 3/4 3/8 45,750 31,500 24,370 18,000 13,870

TABLE 25

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 3/16” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

W 203 3/4 1/2 39,750 27,370 20,620 15,900 12,000

W 204 3/4 3/4 29,250 20,250 15,000 12,000 9,370

W 205 3/4 1 24,750 17,250 12,750 10,500 8,620

W 206 3/4 1 1/4 19,500 14,250 11,620 9,000 6,750

W 207 3/4 1 1/2 16,500 12,370 9,750 7,870 ----

W 208 3/4 2 12,750 9,370 7,500 6,000 ----

W 211 7/8 1/8 43,650 43,650 31,870 24,000 18,370

W 212 7/8 1/4 43,650 34,500 25,870 19,870 14,620

W 213 7/8 3/8 42,370 28,120 21,370 16,500 12,370

W 215 1 1/8 38,200 38,200 31,120 23,620 18,000

W 216 1 1/4 38,200 33,750 24,750 19,120 14,250

W 217 1 3/8 38,200 27,000 19,870 15,750 12,000

W 218 1 1/2 32,700 22,120 16,870 12,900 10,350

W 219 1 3/4 25,120 17,620 12,900 9,900 8,400

W 220 1 1 19,500 14,250 11,250 8,620 7,120

W 221 1 1 1/2 13,120 9,370 7,120 6,000 ----

W 222 1 2 9,000 7,120 5,620 4,870 ----

W 225 1 1/4 1/4 30,560 28,870 21,220 16,270 12,300

W 226 1 1/4 3/8 30,560 22,120 16,350 12,750 10,270

W 227 1 1/4 1/2 27,750 19,120 13,950 10,650 8,700

W 228 1 1/4 3/4 20,620 14,620 11,020 8,770 7,120

W 229 1 1/4 1 16,500 12,000 8,620 6,900 5,770

W 230 1 1/4 1 1/4 13,270 9,150 6,970 5,700 ----

W 231 1 1/4 1 1/2 10,270 7,270 6,000 5,100 ----

W 232 1 1/4 2 7,500 6,000 4,870 4,500 ----

W 235 1 1/2 1/4 25,470 24,900 18,900 15,150 11,770

W 236 1 1/2 1/2 25,470 18,750 13,870 10,500 8,620

W 237 1 1/2 1 15,750 11,250 7,870 6,370 5,620

W 238 1 1/2 1 1/2 9,900 6,970 5,470 4,870 ----

TABLE 26

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/4” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2" Overhang & Thd. Mdls Overhang – Dimension O 1” 1 1/2" 2” 2 1/2" 3” 4” 5”

W 176 3/8 1/2 81,000 54,379 42,000 33,000 25,500 20,400 13,260 9,550

W 177 3/8 3/4 66,000 46,500 32,250 27,370 21,000 16,800 10,920 7,860

W 178 3/8 1 55,200 40,500 30,000 23,250 17,250 13,800 8,970 6,460

W 179 3/8 1 1/4 45,750 33,750 25,720 19,720 15,300 12,240 7,960 5,730

W 182 1/2 1/8 76,390 62,400 45,750 35,400 27,250 22,020 14,310 10,300

W 183 1/2 1/4 76,390 54,750 40,500 31,120 24,000 19,200 12,480 8,990

W 184 1/2 3/8 71,250 47,620 35,020 27,000 20,850 16,680 10,840 7,800

W 185 1/2 1/2 61,500 42,000 31,500 24,000 18,370 14,700 9,560 6,880

W 186 1/2 3/4 51,000 36,370 27,750 21,220 16,120 12,900 8,390 6,040

W 187 1/2 1 40,500 30,000 24,000 18,750 14,250 11,400 7,410 5,340

W 188 1/2 1 1/2 30,370 24,000 18,900 15,000 12,000 9,600 6,240 4,490

W 189 1/2 2 24,000 18,750 15,000 12,150 9,900 7,920 5,150 3,710

W 190 5/8 1/16 61,120 61,120 48,000 31,500 29,020 23,220 15,090 10,800

W 191 5/8 1/8 61,120 60,000 44,250 34,500 27,000 21,600 14,040 10,110

W 192 5/8 1/4 61,120 51,750 38,400 29,770 23,250 18,680 12,140 8,740

W 193 5/8 3/8 61,120 45,500 33,370 25,870 20,100 16,080 10,450 7,520

W 194 5/8 1/2 56,400 39,750 29,400 22,720 17,400 13,920 9,050 6,520

W 195 5/8 3/4 46,500 32,400 24,900 19,720 15,370 12,300 8,000 5,760

W 196 5/8 1 35,250 27,000 21,300 16,870 13,120 10,500 6,830 4,920

W 197 5/8 2 21,000 16,500 12,900 10,870 8,700 6,960 4,520 3,250

W 198 5/8 2 1/2 16,500 12,900 10,870 8,700 7,000 5,600 3,640 2,620

W 201 3/4 1/4 50,930 50,930 38,100 29,020 22,500 18,000 11,700 8,420

W 202 3/4 3/8 50,930 44,100 32,400 25,120 19,350 15,480 10,060 7,240

W 203 3/4 1/2 50,930 36,370 27,750 21,750 16,870 13,500 8,780 6,320

W 204 3/4 3/4 42,750 30,750 23,250 18,000 14,020 11,220 7,290 5,250

W 205 3/4 1 34,500 25,870 19,500 15,000 12,000 9,600 6,240 4,490

W 206 3/4 1 1/4 28,720 21,520 17,020 13,500 10,800 8,640 5,620 4,050

W 207 3/4 1 1/2 24,000 18,520 14,620 12,000 9,900 7,920 5,150 3,710

W 208 3/4 2 18,750 15,370 12,000 9,900 8,000 6,400 4,160 3,000

W 209 3/4 2 1/2 15,000 12,150 10,500 8,400 6,800 5,440 3,540 2,550

W 211 7/8 1/8 43,650 43,650 42,900 33,000 26,250 21,000 13,650 9,820

W 212 7/8 1/4 43,650 43,650 35,100 27,600 21,370 17,100 11,120 8,010

W 213 7/8 3/8 43,650 40,870 29,400 23,400 18,370 14,700 9,560 6,880

W 215 1 1/8 38,200 38,200 38,200 33,750 25,500 20,400 13,260 9,550

W 216 1 1/4 38,200 38,200 33,750 26,250 20,250 16,200 10,530 7,580

W 217 1 3/8 38,200 38,200 28,500 22,500 17,400 13,920 9,050 6,520

W 218 1 1/2 38,200 32,770 24,900 19,500 14,850 11,880 7,720 5,560

TABLE 26

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/4” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2" Overhang & Thd. Mdls Overhang – Dimension O 1” 1 1/2" 2” 2 1/2" 3” 4” 5”

W 219 1 3/4 35,100 24,520 18,750 15,000 12,000 9,600 6,240 4,490

W 220 1 1 25,500 19,120 15,750 12,370 10,500 8,400 5,460 3,930

W 221 1 1 1/2 19,120 14,620 12,000 10,500 8,400 6,720 4,370 3,150

W 222 1 2 15,900 12,370 9,750 8,620 6,900 5,520 3,590 2,580

W 223 1 2 1/2 12,370 9,900 8,620 6,900 5,500 4,400 2,860 2,060

W 225 1 1/4 1/4 30,560 30,560 30,560 24,000 18,750 15,000 9,750 7,020

W 226 1 1/4 3/8 30,560 30,560 26,250 20,100 15,750 12,600 8,190 5,900

W 227 1 1/4 1/2 30,560 29,620 22,650 18,000 14,100 11,280 7,330 5,280

W 228 1 1/4 3/4 30,520 22,500 17,850 14,250 11,400 9,120 5,930 4,270

W 229 1 1/4 1 24,000 18,750 15,370 12,000 9,900 7,920 5,150 3,710

W 230 1 1/4 1 1/4 20,400 15,900 12,750 10,500 8,400 6,720 4,370 3,150

W 231 1 1/4 1 1/2 17,620 13,500 10,650 9,000 7,200 5,760 3,740 2,690

W 232 1 1/4 2 14,250 10,650 9,000 7,500 6,000 4,800 3,120 2,250

W 235 1 1/2 1/4 25,470 25,470 25,470 22,720 17,620 14,100 9,170 6,600

W 236 1 1/2 1/2 25,470 25,470 21,750 17,250 13,650 10,920 7,100 5,110

W 237 1 1/2 1 22,500 17,620 13,270 10,870 9,520 7,620 4,950 3,560

W 238 1 1/2 1 1/2 15,600 12,000 9,750 8,250 6,600 5,280 3,430 2,470

W 239 1 1/2 2 12,750 9,900 8,000 6,400 5,100 4,080 2,650 1,910

W 240 1 1/2 2 1/2 10,500 8,400 6,800 5,500 4,400 3,520 2,290 1,650

W 241 1 1/2 3 9,000 7,250 6,000 4,800 3,900 3,120 2,030 1,460

W 242 2 1 19,100 15,950 11,750 10,000 8,800 7,040 4,580 3,300

W 243 2 1 1/2 14,500 12,750 9,800 7,800 6,300 5,040 3,280 2,360

W 244 2 2 11,750 10,500 7,500 6,200 5,030 4,000 2,600 1,870

W 245 2 2 1/2 9,600 7,250 6,400 5,300 4,250 3,400 2,210 1,590

W 246 2 3 8,250 6,750 5,600 4,600 3,700 2,960 1,920 1,380

TABLE 27

GROUP W – (PLAIN WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 3/8” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls Overhang – Dimension O 1” 1 1/2" 2” 2 1/2" 3” 4” 5”

W 185 1/2 1/2 76,390 76,390 63,000 48,000 36,740 29,400 19,120 13,760

W 186 1/2 3/4 76,390 72,740 55,500 42,440 32,240 25,800 16,780 12,080

W 187 1/2 1 76,390 60,000 48,000 37,500 28,500 22,800 14,820 10,680

W 188 1/2 1 1/2 60,740 48,000 37,800 30,000 24,000 19,200 12,480 8.980

W 189 1/2 2 48,000 37,500 30,000 24,300 19,800 15,840 10,300 7,420

W 194 5/8 1/2 61,120 61,120 58,880 45,440 34,800 27,840 18,100 13,040

W 195 5/8 3/4 61,120 61,120 49,800 39,440 30,740 24,600 16,000 11,520

W 196 5/8 1 61,120 54,000 42,600 33,740 26,240 21,000 13,660 9,840

W 197 5/8 2 42,000 33,000 25,800 21,740 17,400 13,970 9,040 6,500

W 198 5/8 2 1/2 33,000 25,800 21,740 17,400 14,000 11,200 7,280 5,240

W 203 3/4 1/2 50,930 50,930 50,930 43,500 33,740 27,000 17,560 12,640

W 204 3/4 3/4 50,930 50,930 46,500 36,000 28,040 22,440 14,580 10,500

W 205 3/4 1 50,930 50,930 39,000 30,000 24,000 19,200 12,480 8,980

W 206 3/4 1 1/4 50,930 43,040 34,040 27,000 21,600 17,280 11,240 8,100

W 207 3/4 1 1/2 48,000 37,040 29,240 24,000 19,800 15,840 10,300 7,420

W 208 3/4 2 37,500 30,740 24,000 19,800 16,000 12,800 8,320 6,000

W 209 3/4 2 1/2 30,000 24,300 21,000 16,800 13,600 10,880 7,080 5,100

W 218 1 1/2 38,200 38,200 38,200 38,200 29,700 23,760 15,440 11,120

W 219 1 3/4 38,200 38,200 37,500 30,000 24,000 19,200 12,480 8,980

W 220 1 1 38,200 38,200 31,500 24,740 21,000 16,800 10,920 7,860

W 221 1 1 1/2 38,200 29,240 24,000 21,000 16,800 13,440 8,740 6,300

W 222 1 2 31,800 24,740 19,500 17,240 13,800 11,040 7,180 5,160

W 223 1 2 1/2 24,740 19,800 17,240 13,800 11,000 8,800 5,720 4,120

W 227 1 1/4 1/2 30,560 30,560 30,560 30,560 28,200 22,560 14,660 10,560

W 228 1 1/4 3/4 30,560 30,560 30,560 28,500 22,800 18,240 11,860 8,540

W 229 1 1/4 1 30,560 30,560 30,560 24,000 19,800 15,840 10,300 7,420

W 230 1 1/4 1 1/4 30,560 30,560 25,500 21,000 16,800 13,440 8,740 6,300

W 231 1 1/4 1 1/2 30,560 27,000 21,300 18,000 14,400 11,520 7,480 5,380

W 232 1 1/4 2 28,500 21,300 18,000 15,000 12,000 9,600 6,240 4,500

W 236 1 1/2 1/2 25,470 25,470 25,470 25,470 25,470 21,840 14,200 10,220

W 237 1 1/2 1 25,470 25,470 25,470 21,470 19,040 15,240 9,900 7,120

W 238 1 1/2 1 1/2 25,470 24,000 19,500 16,500 13,200 10,560 6,860 4,940

W 239 1 1/2 2 25,470 19,800 16,000 12,800 10,200 8,160 5,300 3,820

W 240 1 1/2 2 1/2 21,000 16,800 13,600 11,000 8,800 7,040 4,580 3,300

W 241 1 1/2 3 18,000 14,500 12,000 9,600 7,800 6,240 4,060 2,920

W 242 2 1 19,100 19,100 19,100 19,100 17,600 14,080 9,160 6,600

W 243 2 1 1/2 19,100 19,100 19,100 15,600 12,600 10,080 6,560 4,720

W 244 2 2 19,100 19,100 15,000 12,400 10,000 8,000 5,200 3,740

W 245 2 2 1/2 19,100 14,500 12,800 10,600 8,500 6,800 4,420 3,180

W 246 2 3 16,500 13,500 11,200 9,200 7,400 5,920 3,840 2,760

TABLE 28

GROUP B – (SHAPED WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 3/32” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

B 43 1/4 5/16 67,500 41,250 27,000 18,750 12,750

B 44 7/32 3/8 57,000 34,500 22,500 16,500 11,250

B 45 3/16 5/16 86,250 50,250 35,250 24,000 15,000

B 46 1/8 5/16 87,000 52,500 36,750 24,750 16,500

B 47 1/8 5/32 87,000 52,500 36,750 24,750 16,500

B 53 1/4 5/8 49,500 30,750 20,250 14,250 10,500

B 55 1/8 1/4 87,000 52,500 36,750 24,750 16,500

B 63 1/4 3/16 76,500 46,500 30,750 21,750 14,250

B 64 1/4 1/16 87,000 52,500 36,750 24,750 16,500

B 65 1/8 1/8 87,000 52,500 36,750 24,750 16,500

B 70 3/4 1/8 50,930 33,750 21,750 15,750 11,250

B 71 5/8 1/8 61,120 39,000 24,750 17,250 12,750

B 72 1/2 1/8 60,750 35,250 23,250 16,500 12,000

B 73 1/2 1/8 60,750 35,250 23,250 16,500 12,000

B 74 7/32 3/32 87,000 52,500 36,750 24,750 16,500

B 81 3/4 3/16 50,930 33,750 21,750 15,750 11,250

B 82 1/2 1/4 67,500 41,250 27,000 18,750 12,750

B 83 3/8 3/16 72,750 43,500 27,750 19,500 12,750

B 84 5/16 3/16 87,000 52,500 36,750 24,750 16,500

B 92 1/4 1/4 67,500 41,250 27,000 18,750 12,750

B 93 3/16 3/16 87,000 52,500 36,750 24,750 16,500

B 94 11/64 3/32 87,000 52,500 36,750 24,750 16,500

B 95 1/8 3/16 87,000 52,500 36,750 24,750 16,500

B 96 1/8 1/4 87,000 52,500 36,750 24,750 16,500

B 97 1/8 3/8 87,000 52,500 36,750 24,750 16,500

B 98 3/32 1/4 87,000 52,500 36,750 24,750 16,500

B 104 5/16 3/8 57,000 34,500 22,500 16,500 11,250

B 105 1/4 1/4 86,250 50,250 35,250 24,000 15,000

B 106 1/8 7/64 87,000 52,500 36,750 24,750 16,500

B 112 3/8 1/2 37,500 23,250 16,500 12,750 9,000

B 113 1/4 1/4 67,500 41,250 27,000 18,750 12,750

B 114 7/32 3/8 57,000 34,500 22,500 16,500 11,250

B 115 3/32 1/8 87,000 52,500 36,750 24,750 16,500

B 122 3/8 3/8 51,000 30,750 21,000 15,000 10,500

B 123 3/16 3/16 86,250 50,250 35,250 24,000 15,000

B 124 1/8 1/8 87,000 52,500 36,750 24,750 16,500

TABLE 29

GROUP B – (SHAPED WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/8” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

B 41 5/8 5/8 33,750 23,250 17,620 13,650 10,350

B 42 ½ 3/4 33,750 23,250 17,620 13,650 10,350

B 43 ¼ 5/16 81,370 51,000 34,120 24,000 16,870

B 44 7/32 3/8 68,400 42,370 28,870 20,850 15,000

B 45 3/16 5/16 104,250 61,870 44,620 30,900 20,250

B 46 1/8 5/16 105,000 64,500 46,650 32,400 21,370

B 47 1/8 5/32 105,000 64,500 46,650 32,400 21,370

B 51 7/16 3/4 45,370 28,500 21,000 15,900 12,150

B 52 3/8 3/4 43,370 28,500 21,000 15,900 12,150

B 53 ¼ 5/8 60,000 38,020 26,250 18,750 13,870

B 54 ¼ 1/2 60,000 38,020 26,250 18,750 13,870

B 55 1/8 1/4 105,000 64,500 46,550 32,400 21,370

B 61 3/4 5/16 38,250 24,370 17,400 13,270 9,970

B 62 1/2 3/8 41,020 26,400 19,500 15,000 11,400

B 63 1/4 3/16 92,400 57,370 39,370 27,900 18,900

B 64 1/4 1/16 105,000 64,500 46,650 32,400 21,370

B 65 1/8 1/8 105,000 64,500 46,650 32,400 21,370

B 70 3/4 1/8 50,930 41,250 27,750 20,400 15,000

B 71 5/8 1/8 61,120 48,000 31,500 22,650 16,870

B 72 1/2 1/8 73,500 43,650 29,100 20,770 15,450

B 73 1/2 1/8 73,500 43,650 29,100 20,700 15,450

B 74 7/32 3/32 105,000 64,500 46,650 32,400 21,370

B 81 3/4 3/16 50,930 41,250 27,750 20,400 15,000

B 82 1/2 1/4 76,390 51,000 34,120 24,000 16,870

B 83 3/8 3/16 87,600 53,250 35,250 24,750 17,250

B 84 5/16 3/16 105,000 64,500 46,650 32,400 21,370

B 91 1/2 5/8 34,500 22,500 16,870 13,120 9,900

B 92 1/4 1/4 81,370 51,000 34,120 24,000 16,870

B 93 3/16 3/16 105,000 64,500 46,650 32,400 21,370

B 94 11/64 3/32 105,000 64,500 46,650 32,400 21,370

B 95 1/8 3/16 105,000 64,500 46,650 32,400 21,370

B 96 1/8 1/4 105,000 64,500 46,650 32,400 21,370

B 97 1/8 3/8 105,000 64,500 46,650 32,400 21,370

B 98 3/32 1/4 105,000 64,500 46,650 32,400 21,370

B 101 5/8 11/16 33,750 23,250 17,620 13,650 10,350

TABLE 29

GROUP B – (SHAPED WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/8” MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

B 102 5/8 1/2 45,370 28,500 21,000 15,900 12,150

B 103 5/8 3/16 61,120 41,250 27,750 20,400 15,000

B 104 5/16 3/8 68,400 42,370 28,870 20,850 15,000

B 105 1/4 1/4 104,250 61,870 44,620 30,900 20,250

B 106 1/8 7/64 105,000 64,500 46,650 32,400 21,370

B 111 7/16 11/16 33,750 23,250 17,620 13,650 10,350

B 112 3/8 1/2 45,370 28,500 21,000 15,900 12,150

B 113 1/4 1/4 81,370 51,000 34,120 24,000 16,870

B 114 7/32 3/8 68,400 42,370 28,870 20,850 15,000

B 115 3/32 1/8 105,000 64,500 46,650 32,400 21,370

B 121 1/2 1/2 45,370 28,500 21,000 15,900 12,150

B 122 3/8 3/8 61,650 37,720 27,000 19,870 14,250

B 123 3/16 3/16 104,250 61,820 44,620 30,900 20,250

B 124 1/8 1/8 105,000 64,500 46,650 32,400 21,370

B 131 1/2 1/2 34,500 22,500 16,870 13,120 9,900

B 132 3/8 1/2 45,370 28,500 21,000 15,900 12,150

B 133 3/8 3/8 54,000 33,000 24,150 18,000 13,500

B 134 5/16 3/8 61,650 37,720 27,000 19,870 14,250

B 135 1/4 1/2 60,000 38,020 26,250 18,750 13,870

B 136 1/4 5/16 77,250 45,920 30,900 22,500 16,120

TABLE 30

GROUP B – (SHAPED WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/4" MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2"

B 41 5/8 5/8 61,120 46,500 35,250 27,370 21,000

B 42 1/2 3/4 61,120 46,500 35,250 27,370 21,000

B 51 7/16 3/4 81,000 54,370 42,000 33,000 25,500

B 52 3/8 3/4 81,000 54,370 42,000 33,000 25,500

B 61 3/4 5/16 50,930 50,930 38,100 29,020 22,500

B 62 1/2 3/8 71,250 47,620 35,020 27,000 20,850

B 71 5/8 1/8 61,120 61,120 48,000 37,500 29,020

B 72 1/2 1/8 76,390 62,400 45,750 35,400 27,520

B 73 1/2 1/8 76,390 62,400 45,750 35,400 27,520

B 91 1/2 5/8 61,500 42,000 31,500 24,000 18,370

B 101 5/8 11/16 61,120 46,500 35,250 27,370 21,000

B 102 5/8 1/2 61,120 54,370 42,000 33,000 25,500

B 111 7/16 11/16 66,000 46,500 35,250 27,370 21,000

B 112 3/8 1/2 81,000 54,370 42,000 33,000 25,500

B 121 1/2 1/2 76,390 54,370 42,000 33,000 25,500

B 131 1/2 1/2 61,500 42,000 31,500 24,000 18,370

B 132 3/8 1/2 81,000 54,370 42,000 33,000 25,500

TABLE 31

GROUP A – (SHAPED WHEELS)

MAXIMUM OPERATING SPEEDS (RPM) FOR 1/4" MANDRELS

Shape No.

Wheel Diameter Inches Wheel Thickness Inches 1/2"

Overhang & Thd. Mdls.

Overhang – Dimension O 1” 1 1/2" 2” 2 1/2" 3”

A 1 3/4 2 1/2 19,800 16,500 13,120 10,650 9,000 6,750

A 2 1 1 1/4 38,200 32,620 25,500 20,620 16,870 13,500

A 3 1 2 3/4 16,100 13,080 10,730 8,720 6,710 4,700

A 4 1 1/4 1 1/4 30,560 24,750 20,250 16,120 13,120 10,500

A 5 3/4 1 1/8 45,000 33,750 27,000 21,000 16,500 13,500

A 6 3/4 1 1/8 39,000 29,700 24,000 18,970 15,000 12,000

A 11 7/8 2 19,860 15,100 12,000 9,810 8,220 7,020

A 12 11/16 1 1/4 48,000 35,250 27,370 21,750 17,250 13,500

A 13 1 1/8 1 1/8 33,950 32,250 25,500 20,620 16,500 12,750

A 14 11/16 7/8 55,560 40,500 30,750 24,370 19,500 15,000

A 15 1/4 1 1/16 72,750 47,620 34,500 26,250 19,870 13,870

A 21 1 1 34,500 26,250 21,000 17,250 13,870 10,870

A 22 3/4 5/8 50,930 40,500 30,750 24,370 19,500 15,000

A 23 3/4 1 39,370 30,370 24,370 19,500 15,000 12,000

A 24 1/4 3/4 76,500 49,500 36,370 27,000 20,250 15,370

A 25 1 1 35,620 27,370 22,120 18,000 14,250 11,250

A 26 5/8 5/8 61,120 46,500 35,250 27,750 21,370 15,750

A 31 1 3/8 1 27,780 26,250 21,000 17,250 13,500 10,870

A 32 1 5/8 38,200 38,200 30,000 24,000 18,900 15,000

A 33 1 1/2 38,200 38,200 30,000 24,000 18,900 15,000

A 34 1 1/2 3/8 25,470 25,470 25,470 21,970 18,000 13,870

A 35 1 3/8 38,200 38,200 31,500 25,500 20,250 15,900

A 36 1 5/8 3/8 23,520 23,520 23,520 21,750 17,620 13,870

A 37 1 1/4 1/4 30,560 30,560 30,560 28,100 22,500 18,000

A 38 1 1 34,500 26,250 21,000 17,020 13,500 10,650

A 39 3/4 3/4 47,250 35,250 27,750 22,120 17,250 13,120

History

• History: 1990 AACS.

R 408.10201 to R 408.10241 Part 2. Walking-Working Surfaces

Mich. Admin. Code R 408.10201 Scope {#sec-r-408.10201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10201}

November 29, 2016 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR’S OFFICE GENERAL INDUSTRY SAFETY AND HEALTH STANDARD By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 2. WALKING-WORKING SURFACES

Rule 201. This standard applies to all general industry workplaces. This standard covers all walking-working surfaces unless specifically excluded by an individual section of this standard.

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10202 Adoption of federal standard {#sec-r-408.10202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10202}

Rule 202. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 C.F.R. 1910 Subpart D “Walking-Working Surfaces,” as amended November 18, 2016, is adopted by reference in these rules.

(2) The regulation 29 C.F.R. 1910 Subpart D “Walking-Working Surfaces” includes all of the following:

(a) 29 C.F.R. Part §1910.21 “Scope and definitions.”

(b) 29 C.F.R. Part §1910.22 “General requirements.”

(c) 29 C.F.R. Part §1910.23 “Ladders.”

(d) 29 C.F.R. Part §1910.24 “Step bolts and manhole steps.”

(e) 29 C.F.R. Part §1910.25 “Stairways.”

(f) 29 C.F.R. Part §1910.26 “Dockboards.”

(g) 29 C.F.R. Part §1910.27 “Scaffolds and rope descent systems.”

(h) 29 C.F.R. Part §1910.28 “Duty to have fall protection and falling object protection.”

(i) 29 C.F.R. Part §1910.29 “Fall protection systems and falling object protection— criteria and practices.”

(j) 29 C.F.R. Part §1910.30 “Training requirements.”

(3) A reference to §1910.66(j) “Powered platforms for building maintenance,” means General Industry Safety and Health Standard Part 5 “Powered Platforms for Building Maintenance,” R 408.10592.

(4) A reference to §1910.67(c)(2)(v) “Vehicle-mounted elevating and rotating work platforms,” means General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,” R 408.15836(1).

(5) A reference to §1910.140 “Personal fall protection systems,” means General Industry Safety and Health Standard Part 33 “Personal Protective Equipment.”

(6) A reference to §1910.145 “Specifications for accident prevention signs and tags,” means General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags.”

(7) A reference to §1910.268 “Telecommunications,” means General Industry Safety and Health Standard Part 50 “Telecommunications for General Industry.”

(8) A reference to §1910.269 “Electric Power Generation, Transmission, and Distribution,” means General Industry Safety and Health Standard Part 86 “Electric Power Generation, Transmission, and Distribution.”

(9) A reference to §1926.502 “Fall protection systems criteria and practices,” means Construction Safety Standard Part 45 “Fall Protection.”

(10) A reference to §1926.503 “Training requirements,” means Construction Safety Standard Part 45 “Fall Protection.”

(11) A reference to 1910 Subpart I “Personal Protective Equipment,” means General Industry Safety and Health Standard Part 33 “Personal Protective Equipment.”

(12) A reference to 1926 Subpart L “Scaffolds,” means Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,” and Construction Safety Standard Part 32 “Aerial Work Platforms”

(13) A reference to 1926 Subpart M “Fall Protection,” means Construction Safety Standard Part 45 “Fall Protection.”

(14) The availability information for the OSHA standards adopted in these rules is in R 408.10204 and MIOSHA standards referenced in these rules are in R 408.10205.

(15) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.10203 Effective Dates {#sec-r-408.10203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10203}

Rule 203. The following are the effective dates of the adopted OSHA standards in Michigan:

(a) A reference to January 17, 2017, means the effective date of this standard in Michigan, which is 7 days after filing with the Secretary of State.

(b) A reference to May 17, 2017, means four months after the effective date of this standard in Michigan, which is 7 days after filing with the Secretary of State.

(c) A reference to November 20, 2017, means 10 months after the effective date of this standard in Michigan, which is 7 days after filing with the Secretary of State.

(d) A reference to November 19, 2018, means November 19, 2018.

(e) A reference to November 18, 2036, means November 18, 2036.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.10204 Availability of OSHA adopted regulations {#sec-r-408.10204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10204}

Rule 204. (1) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.10205 MIOSHA referenced standards {#sec-r-408.10205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10205}

Rule 205. The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,”

R 408.41201 to R 408.41264.

(b) Construction Safety Standard Part 32 “Aerial Work Platforms,” R 408.43201 to R 408.43220.

(c) Construction Safety Standard Part 45 “Fall Protection,” R 408.44501 to R 408.44502.

(d) General Industry Safety and Health Standard Part 5 “Powered Platforms for Building Maintenance,” R 408.10501 to R 408.10592.

(e) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags,”

R 408.13701 to R 408.13738.

(g) General Industry Safety and Health Standard Part 50 “Telecommunications for General Industry,” R 408.15001 to R 408.15004.

(h) General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,”

R 408.15801 to R 408.15842.

(i) General Industry Safety and Health Standard Part 86 “Electric Power Generation, Transmission, and Distribution,” R 408.18601 to R 408.18605.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10206 Rescinded {#sec-r-408.10206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10206}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10207 Rescinded {#sec-r-408.10207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10207}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10208 Rescinded {#sec-r-408.10208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10208}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10211 Rescinded {#sec-r-408.10211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10211}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10213 Rescinded {#sec-r-408.10213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10213}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10215 Rescinded {#sec-r-408.10215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10215}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10217 Rescinded {#sec-r-408.10217 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10217}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10219 Rescinded {#sec-r-408.10219 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10219}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10220 Rescinded {#sec-r-408.10220 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10220}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10221 Rescinded {#sec-r-408.10221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10221}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10223 Rescinded {#sec-r-408.10223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10223}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10227 Rescinded {#sec-r-408.10227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10227}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10228 Rescinded {#sec-r-408.10228 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10228}

History

• History: 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10230 Rescinded {#sec-r-408.10230 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10230}

History

• History: 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10231 Rescinded {#sec-r-408.10231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10231}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10232 Rescinded {#sec-r-408.10232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10232}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10233 Rescinded {#sec-r-408.10233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10233}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10235 Rescinded {#sec-r-408.10235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10235}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10236 Rescinded {#sec-r-408.10236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10236}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10237 Rescinded {#sec-r-408.10237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10237}

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.10239 Rescinded {#sec-r-408.10239 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10239}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10240 Rescinded {#sec-r-408.10240 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10240}

R 408. 10241 Rescinded.

History

• History: 1979 AC; 1989 AACS; 2018 AACS.
• History: 1979 AC; 2018 AACS.

R 408.10501 to R 408.10592 Part 5. Powered Platforms for Building Maintenance

Mich. Admin. Code R 408.10501 Scope {#sec-r-408.10501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 5. POWERED PLATFORMS FOR BUILDING MAINTENANCE

GENERAL PROVISIONS

Rule 501. (1) This standard covers powered platform installations permanently dedicated to interior or exterior building maintenance of a specific structure or group of structures. Building maintenance includes, but is not limited to, such tasks as window cleaning, caulking, metal polishing and re-glazing.

(2) This standard does not apply to suspended scaffolds or swinging scaffolds used to service buildings on a temporary basis and covered under General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” nor to suspended scaffolds used for construction work and covered under Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,” and Construction Safety Standard Part 32 “Aerial Work Platforms,” as referenced in R 408.10509.

(3) Powered and manual mobile elevating platforms and self-propelled vehicle mounted elevating and rotating platforms are not included in these rules but are provided for in General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,” as referenced in R 408.10509.

(4) Scaffolds are not included in these rules but are provided for in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509.

History

• History: 1979 AC; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10502 Applicability for powered platforms {#sec-r-408.10502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10502}

Rule 502. (1) Permanent installations in existence and or completed before July 23, 1990 shall comply with R 408.10574(2), R 408.10578 to R 408.10582, R 408.10585 to R 408.10592 and Appendix C of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.10509.

(2) These rules apply to all new permanent installations for powered platforms and modifications to existing buildings that affect the structural integrity of the building exterior, tie-in guides and attachments, and the supporting structure for the powered platforms.

(3) Employers shall ensure compliance with these rules for any powered platform that is powered by a source other than electricity except for those rules that govern the electrical power source. The alternative power source shall be outfitted with protective devices that are equivalent to the protection that is provided by rules pertaining to an electrical power source.

(4) Permanent installations shall be in compliance with the provisions of Appendix D “Existing Installations – Mandatory.”

(5) The following standards are referenced in Appendix D and adopted in R 408.40509.

(a) ANSI A120.1 "Safety Requirements for Powered Platforms for Exterior Building Maintenance” 1970 edition.

(b) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems."

History

• History: 1979 AC; 1992 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10503 Definitions; A to D {#sec-r-408.10503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10503}

Rule 503. (1) "Anemometer" means an instrument for measuring wind velocity.

(2) "Angulated roping" means a suspension method where the upper point of suspension is inboard from the attachments on the suspended unit, thus causing the suspended unit to bear against the face of the building.

(3) "Building face roller" means a rotating cylindrical member that is designed to ride on the face of the building wall to prevent the platform from abrading the face of the building and to assist in stabilizing the platform.

(4) “Building maintenance” means operations such as window cleaning, caulking, metal polishing, re-glazing, and general maintenance on building surfaces.

(5) “Cable” means a conductor, or group of conductors, enclosed in a weatherproof sheath, that may be used to supply electrical power or control current, or both, for equipment or to provide voice communication circuits.

(6) “Carriage” means a wheeled vehicle used for the horizontal movement and support of other equipment.

(7) “Certification” means a written, signed, and dated statement confirming the performance of a requirement of this standard.

(8) “Combination cable” means a cable having both steel structural members capable of supporting the platform, and copper or other electrical conductors insulated from each other and the structural members by nonconductive barriers.

(9) “Competent person” means a person who, because of training and experience, is capable of identifying hazardous or dangerous conditions in powered platform installations and of training employees to identify such conditions.

(10) “Continuous pressure” means the need for constant manual actuation for a control to function.

(11) “Control” means a mechanism used to regulate or guide the operation of the equipment.

(12) "Davit" means a device that is used singly or in pairs and that is for suspending a powered platform from work, storage, or rigging locations on the building being serviced. Unlike outriggers, a davit reacts its operating load into a single roof socket or carriage attachment.

History

• History: 1979 AC; 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.10504 Definitions; E to L {#sec-r-408.10504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10504}

Rule 504. (1) “Equivalent” means alternative designs, materials, or methods that the employer can demonstrate will provide an equal or greater degree of safety for employees than the methods, materials, or designs specified in the standard.

(2) “Ground rigging” means a method of suspending a working platform starting from a safe surface to a point of suspension above the safe surface.

(3) “Ground rigged davit” means a davit that cannot be used to raise a suspended working platform above the building face being serviced.

(4) “Guide button” means a building face anchor designed to engage a guide track mounted on a platform.

(5) “Guide roller” means a rotating cylindrical member, operating separately or as part of a guide assembly, designed to provide continuous engagement between the platform and the building guides or guideways.

(6) “Guide shoe” means a device attached to the platform designed to provide a sliding contact between the platform and the building guides.

(7) “Hoisting machine” means a device intended to raise and lower a suspended or supported unit.

(8) “Hoist rated load” means the hoist manufacturer's maximum allowable operating load.

(9) “Installation” means all the equipment and all affected parts of a building that are associated with the performance of building maintenance using powered platforms.

(10) “Interlock” means a device designed to ensure that operations or motions occur in proper sequence.

(11) “Intermittent stabilization” means a method of platform stabilization in which the angulated suspension wire rope or ropes are secured to regularly spaced building anchors.

(12) “Lanyard” means a flexible line of rope, wire rope, or strap that is used to secure the body belt or body harness to a deceleration device, lifeline, or anchorage.

(13) “Lifeline” means a component consisting of a flexible line for connection to an anchorage at 1 end to hang vertically, vertical lifeline, or for connection to anchorages at both ends to stretch horizontally, horizontal lifeline, and which serves as a means for connecting other components of a personal fall arrest system to the anchorage.

(14) “Live load” means the total static weight of workers, tools, parts, and supplies that the equipment is designed to support.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10505 Definitions; M, O {#sec-r-408.10505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10505}

Rule 505. (1) "Mobile elevating platform" means a type of freestanding scaffolding that can be manually moved horizontally from 1 area to another and raised or lowered manually or with power to predetermined heights.

(2) “Obstruction detector” means a control that will stop the suspended or supported unit in the direction of travel if an obstruction is encountered, and will allow the unit to move only in a direction away from the obstruction.

(3) “Operating control” means a mechanism regulating or guiding the operation of equipment that ensures a specific operating mode.

(4) “Operating device” means a device actuated manually to activate a control.

(5) “Outrigger” means a device, used singly or in pairs, for suspending a working platform from work, storage, and rigging locations on the building being serviced. Unlike davits, an outrigger reacts its operating moment load as at least 2 opposing vertical components acting into 2 or more distinct roof points and or attachments.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10506 Definitions; P, R {#sec-r-408.10506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10506}

Rule 506. (1) “Platform rated load” means the combined weight of workers, tools, equipment, and other material which is permitted to be carried by the working platform at the installation, as stated on the load rating plate.

(2) “Poured socket” means the method of providing wire rope terminations in which the ends of the rope are held in a tapered socket by means of poured spelter or resins.

(3) "Powered platform" means scaffolding equipment that consists of a permanently installed, power-operated working platform and a roof car or other suspension means.

(4) “Primary brake” means a brake designed to be applied automatically whenever power to the prime mover is interrupted or discontinued.

(5) “Prime mover” means the source of mechanical power for a machine.

(6) “Rated load” means the manufacturer's recommended maximum load.

(7) “Rated strength” means the strength of wire rope, as designated by its manufacturer or vendor, based on standard testing procedures or acceptable engineering design practices.

(8) “Rated working load” means the combined static weight of persons, materials, and suspended or supported equipment.

(9) "Registered professional engineer" means a person who has been duly and currently registered and who is licensed by an authority within the United States or its territories to practice the profession of engineering.

(10) "Roof car" means a structure that is for suspending a working platform and that provides for the platform's horizontal movement to work positions.

(11) “Roof powered platform” means a working platform where the hoist or hoists used to raise or lower the platform is located on the roof.

(12) “Roof rigged davit” means a davit used to raise the suspended working platform above the building face being serviced. This type of davit can also be used to raise a suspended working platform that has been ground-rigged.

(13) “Rope” means the equipment used to suspend a component of an equipment installation, such as wire rope.

History

• History: 1979 AC; 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.10507 Definitions; S {#sec-r-408.10507 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10507}

Rule 507. (1) “Safe surface” means a horizontal surface intended to be occupied by personnel, which is so protected by a fall protection system that it can be reasonably assured that said occupants will be protected against falls.

(2) "Safety factor" means a ratio of the breaking strength of a piece of material or object to the maximum designed load or stress that is applied when in use.

(3) "Scaffold" means an elevated work platform that is for supporting both employees and materials and that is temporary in nature.

(4) “Secondary brake” means a brake designed to arrest the descent of the suspended or supported equipment in the event of an overspeed condition.

(5) “Self-powered platform” means a working platform where the hoist or hoists used to raise or lower the platform is mounted on the platform.

(6) “Speed reducer” means a positive type speed reducing machine.

(7) “Stability factor” means the ratio of the stabilizing moment to the overturning moment.

(8) “Stabilizer tie” means a flexible line connecting the building anchor and the suspension wire rope supporting the platform.

(9) “Supported equipment” means building maintenance equipment that is held or moved to its working position by means of attachment directly to the building or extensions of the building being maintained.

(10) “Suspended equipment” means building maintenance equipment that is suspended and raised or lowered to its working position by means of ropes or combination cables attached to some anchorage above the equipment.

(11) “Suspended scaffold”, also known as swinging scaffold, means a scaffold supported on wire or other ropes, used for work on, or for providing access to, vertical sides of structures on a temporary basis. Such scaffold is not designed for use on a specific structure or group of structures.

History

• History: 1979 AC; 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.10508 Definitions; T to W {#sec-r-408.10508 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10508}

Rule 508. (1) “Tail line” means the non-supporting end of the wire rope used to suspend the platform.

(2) "Tie-in guides" means the portion of a building that provides continuous positive engagement between the building and a suspended or supported unit during its vertical travel on the face of the building.

(3) “Traction hoist” means a type of hoisting machine that does not accumulate the suspension wire rope on the hoisting drum or sheave, and is designed to raise and lower a suspended load by the application of friction forces between the suspension wire rope and the drum or sheave.

(4) “Transportable outriggers” means outriggers designed to be moved from 1 work location to another.

(5) “Trolley carriage” means a carriage suspended from an overhead track structure.

(6) “Verified” means accepted by design, evaluation, or inspection by a registered professional engineer.

(7) “Weatherproof” means so constructed that exposure to adverse weather conditions will not affect or interfere with the proper use or functions of the equipment or component.

(8) “Winding drum hoist” means a type of hoisting machine that accumulates the suspension wire rope on the hoisting drum.

(9) "Working platform" means suspended or supported equipment intended to provide access to the face of a building and manned by persons engaged in building maintenance.

(10) “Wrap” means 1 complete turn of the suspension wire rope around the surface of a hoist drum.

History

• History: 1979 AC; 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.10509 Adopted and referenced standards {#sec-r-408.10509 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10509}

Rule 509. (1) The following standard, American National Society Institute (ANSI)

Standard ANSI A120.1 ‘Safety Requirement for Powered Platforms for Exterior Building Maintenance,’ 1970 edition, also known as American Society of Mechanical Engineers (ASME) Standard ASME A120.1 ‘Safety Requirements Powered Platforms and Traveling Ladders and Gantries for Building Maintenance,’ 1970 edition is adopted by reference in these rules and is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: www.global.ihs.com, at a cost at the time of adoption of these rules of $20.00.

(2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.10701 to R 408.10765.

(c) General Industry Safety Standard Part 8 “Portable Fire Extinguishers,”

R 408.10801 to R 408.10839.

(d) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(e) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902.

(f) General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,”

R 408.15801 to R 408.15842.

(g) Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,”

R 408.41201 to R 408.41264.

(h) Construction Safety Standard Part 32 “Aerial Work Platforms,” R 408.43201 to R 408.43220.

History

• History: 2008 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10511 Rescinded {#sec-r-408.10511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10511}

History

• History: 1979 AC; 1983 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10512 Rescinded {#sec-r-408.10512 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10512}

History

• History: 1979 AC; 1981 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10513 Rescinded {#sec-r-408.10513 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10513}

History

• History: 1979 AC; 1981 AACS; 1983 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10518 Assurance {#sec-r-408.10518 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10518}

Rule 518. Building owners of all installations, new and existing, shall inform the employer in writing that the installation has been inspected, tested, and maintained in compliance with the requirements of R 408.10574(2), R 408.10578 to R 408.10582, and R 408.10585 to R 408.10589, and that all anchorages meet the requirements of R 408.13395a(14) of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment" as referenced in R 408.10509.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.10521 Rescinded {#sec-r-408.10521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10521}

History

• History: 1979 AC; 1981 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10522 Rescinded {#sec-r-408.10522 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10522}

History

• History: 1979 AC; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10523 Rescinded {#sec-r-408.10523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10523}

History

• History: 1979 AC; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10524 Rescinded {#sec-r-408.10524 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10524}

History

• History: 1979 AC; 1981 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10525 Rescinded {#sec-r-408.10525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10525}

History

• History: 1979 AC; 1981 AACS; 1983 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10526 Rescinded {#sec-r-408.10526 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10526}

History

• History: 1979 AC; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10527 Rescinded {#sec-r-408.10527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10527}

History

• History: 1979 AC; 1981 AACS; 2018 AACS.

Mich. Admin. Code R 408.10528 Rescinded {#sec-r-408.10528 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10528}

History

• History: 1979 AC; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10529 Rescinded {#sec-r-408.10529 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10529}

History

• History: 1979 AC; 1983 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10530 Rescinded {#sec-r-408.10530 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10530}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10531 Rescinded {#sec-r-408.10531 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10531}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10532 Rescinded {#sec-r-408.10532 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10532}

History

• History: 1979 AC; 1983 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10533 Rescinded {#sec-r-408.10533 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10533}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10534 Rescinded {#sec-r-408.10534 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10534}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10535 Rescinded {#sec-r-408.10535 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10535}

History

• History: 1979 AC; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.10541 Rescinded {#sec-r-408.10541 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10541}

History

• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.10542 Rescinded {#sec-r-408.10542 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10542}

History

• History: 1979 AC; 1981 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10543 Rescinded {#sec-r-408.10543 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10543}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10544 Rescinded {#sec-r-408.10544 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10544}

History

• History: 1979 AC; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10545 Rescinded {#sec-r-408.10545 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10545}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10546 Rescinded {#sec-r-408.10546 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10546}

History

• History: 1979 AC; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10547 Rescinded {#sec-r-408.10547 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10547}

History

• History: 2008 AACS; 2016 AACS.

Mich. Admin. Code R 408.10548 Rescinded {#sec-r-408.10548 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10548}

History

• History: 1979 AC; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10549 Rescinded {#sec-r-408.10549 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10549}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10550 Rescinded {#sec-r-408.10550 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10550}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.10561 Installations {#sec-r-408.10561 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10561}

Rule 561. (1) A powered platform installed, or that part of a powered platform modified, after August 27, 1971, shall be in compliance with the design and manufacturing requirements prescribed in ANSI A120.1, “Safety Requirements for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.10509, and as further prescribed in the rules of this standard.

(2) The following requirements apply to affected parts of buildings that utilize working platforms for building maintenance:

(a) Structural supports, tie-downs, tie-in guides, anchoring devices, and any affected parts of the building that are included in the installation shall be designed by, or under the direction of, a registered professional engineer who is experienced in such design.

(b) Exterior installations shall be capable of withstanding prevailing climatic conditions.

(c) The building installation shall provide safe access to, and egress from, the equipment and shall provide sufficient space to conduct necessary maintenance of the equipment.

(d) The affected parts of the building shall have the capability of sustaining all of the loads imposed by the equipment.

(e) The affected parts of the building shall be designed to allow the equipment to be used without exposing employees to a hazardous condition.

(3) The exterior of each building shall be provided with tie-in guides unless the conditions specified in either of the following provisions are met:

(a) Tie-in guides required pursuant to this rule may be eliminated for not more than 75 feet (22.9 m) of the uppermost elevation of the building if angulated roping is employed, if the use of tie-in guides is not feasible due to the exterior building design, and if an angulation force of not less than 10 pounds (44.4 n) is maintained under all conditions of loading.

(b) Tie-in guides may be eliminated if 1 of the specified guide systems is provided as specified in R 408.10562 and R 408.10563.

History

• History: 1979 AC; 1981 AACS; 1983 AACS; 1992 AACS; 2008 AACS; 2016 AACS.

Mich. Admin. Code R 408.10562 Intermittent stabilization systems {#sec-r-408.10562 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10562}

Rule 562. (1) An intermittent stabilization system shall keep equipment in continuous contact with the building facade and shall prevent sudden horizontal movement of the platform. The system may be used together with continuous positive building guide systems that use tie-in guides on the same building if the requirements for each system are met.

(2) The maximum vertical interval between building anchors shall be 3 floors or 50 feet (15.3 m), whichever is less.

(3) Building anchors shall be located vertically so that attachments of the stabilizer ties will not cause the platform suspension ropes to angulate the platform horizontally across the face of the building. The anchors shall be positioned horizontally on the building face so as to be symmetrical about the platform suspension ropes.

(4) Building anchors shall be visible to employees and shall allow a stabilizer tie attachment for each of the platform suspension ropes at each vertical interval. If more than 2 suspension ropes are used on a platform, only the 2 building-side suspension ropes at the platform ends shall require a stabilizer attachment.

(5) Building anchors that extend beyond the face of the building shall be free of sharp edges or points. Where cables, suspension wire ropes, and lifelines may be in contact with the building face, external building anchors shall not interfere with their handling or operation.

(6) The intermittent stabilization system building anchors and components shall be capable of sustaining, without failure, not less than 4 times the maximum anticipated load applied or transmitted to the components and anchors. If 2 anchors share the wind load, the minimum design wind load for each anchor shall be 300 pounds (1334 n).

(7) The building anchors and stabilizer ties shall be capable of sustaining anticipated horizontal and vertical loads from winds specified for roof storage design which may act on the platform and wire ropes if the platform is stranded on a building face. If the building anchors have different spacing than the suspension wire rope or if the building requires different suspension spacings on 1 platform, 1 building anchor and stabilizer tie shall be capable of sustaining the wind loads.

(8) A powered platform shall be suspended by 2 or more cables. Where 2 cables are used, each employee on the work platform shall use a safety harness and lanyard that is attached to an individual lifeline. The lifeline shall be secured to the building structure and shall be independent of any cable and structures that support the powered platform.

(9) When normal voice communication cannot be understood, a powered platform shall be equipped with a 2-way voice communication system between the operator and persons who are stationed at a supervised location in the vicinity or within the building being serviced. The communication system shall be operative and shall be tended at all times.

(10) Where thrustouts are used in place of a roof car, they shall be anchored to the building structure with fasteners that are capable of sustaining the imposed load.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.10563 Button guide stabilization systems {#sec-r-408.10563 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10563}

Rule 563. (1) Guide buttons shall be coordinated with platform-mounted equipment.

(2) Guide buttons shall be located horizontally on the building face to allow engagement of each of the guide tracks mounted on the platform.

(3) Guide buttons shall be located in vertical rows on the building face for proper engagement of the guide tracks mounted on the platform.

(4) Two guide buttons shall engage each guide track at all times, except for the initial engagement.

(5) Guide buttons that extend beyond the face of the building shall be free of sharp edges or points. Where cables, ropes, and lifelines may be in contact with the building face, guide buttons shall not interfere with their handling or operation.

(6) Guide buttons, connections, and seals shall be capable of sustaining, without damage, at least the weight of the platform or the guide tracks or guide track connectors shall have provisions to prevent the platform and its attachments from transmitting the weight of the platform to the guide buttons, connections, and seals.

In either case, the minimum design load shall be 300 pounds (1334 n) per building anchor.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.10564 Design of installation; equipment {#sec-r-408.10564 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10564}

Rule 564. (1) The requirements of this rule apply to equipment that is part of a powered platform installation, such as any of the following:

(a) Platforms.

(b) Stabilizing components.

(c) Carriages.

(d) Outriggers.

(e) Hoisting machines.

(f) Wire ropes.

(g) Electrical components.

(2) Equipment installations shall be designed by, or under the direction of, a registered professional engineer who is experienced in such design.

(3) The design shall provide for a minimum live load of 250 pounds (113.6 kg) for each occupant of a suspended or supported platform.

(4) Equipment that is exposed to wind when not in service shall be designed to withstand forces generated by winds that have a velocity of at least 100 miles per hour (44.7 m/s) at 30 feet (9.2 m) above grade.

(5) Equipment that is exposed to wind when in service shall be designed to withstand forces generated by winds that have a velocity of at least 50 miles per hour (22.4 m/s) for all elevations.

(6) Bolted connections shall be self-locking or shall otherwise be secured to prevent the loss of the connections by vibration.

History

• History: 1979 AC; 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10565 Roof cars; carriages; suspension methods {#sec-r-408.10565 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10565}

Rule 565. (1) A roof car shall be used when it is necessary to move a working platform horizontally to a work or storage position.

(2) Movements of a roof car shall be restricted to a designated path of travel.

Mechanical stops shall be provided and shall prevent the roof car from traversing outside the intended path of travel. The stops shall be capable of withstanding a force equal to 100% of the inertial effect of the roof car under power and shall be designed to prevent a crushing or shearing hazard.

(3) Elevated building maintenance equipment shall be suspended by a roof car, carriage, outrigger, davits, or an equivalent method.

(4) Carriages or roof cars shall be in compliance with all of the following provisions:

(a) The horizontal movement of a carriage shall be controlled to ensure its safe movement and allow accurate positioning of the platform for vertical travel or storage.

(b) Powered carriages shall not exceed a traversing speed of 50 feet per minute (0.3 ms).

(c) The initiation of a traversing movement for a manually propelled carriage on a smooth level surface shall not require a person to exert a horizontal force of more than 40 pounds (444.8 n).

(d) Structural stops and curbs shall be provided to prevent the traversing of the carriage beyond its designed limits of travel.

(e) Traversing controls for a powered carriage shall be of a continuous pressure weatherproof type. Multiple controls, when provided, shall be arranged to permit operation from only 1 control station at a time. An emergency stop device shall be provided on each end of a powered carriage for interrupting power to the carriage drive motors.

(f) The operating control or controls shall be connected so that, in the case of suspended equipment, traversing of a carriage is not possible until the suspended portion of the equipment is located at its uppermost designed position for traversing and is free of contact with the face of the building or building guides. All protective devices and interlocks shall be in the proper position to allow traversing of the carriage.

(g) Stability for underfoot supported carriages shall be obtained by gravity, by an attachment to a structural support, or by a combination of gravity and a structural support.

The use of flowing counterweights to achieve stability is prohibited.

(h) The stability factor against overturning shall not be less than 5 for horizontal traversing of the carriage, including the effects of impact and wind.

(i) The carriages and their anchorages shall be capable of resisting accidental over-tensioning of the wire ropes that suspend the working platform, and this calculated value shall include the effect of 1-1/2 times the stall capacity of the hoist motor. The forces that result from the stall load of the hoist and 1/2 of the wind load shall not cause damage to any part of the installation.

(j) Roof carriages that rely on having tie-down devices secured to the building to develop the required stability against overturning shall be provided with an interlock that will prevent vertical platform movement unless the tie-down is engaged.

(k) An automatically applied braking or locking system, or an equivalent, shall be provided that will prevent the unintentional traversing of power-traversed or power-assisted carriages.

(l) A manual or automatic braking or locking system, or an equivalent, shall be provided that will prevent the unintentional traversing of manually propelled carriages.

(m) A means to lock out the power supply for the carriage shall be provided.

(n) Safe access to, and egress from, the carriage shall be provided from a safe surface. If the carriage traverses an elevated area, any operating area on the carriage shall be protected by a guardrail system in compliance with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509. Any access gate shall be self-closing and self-latching or shall be provided with an interlock.

(o) Each carriage work station position shall be identified by location markings or position indicators, or both.

(p) A motor shall stall if the load on the hoist motor is at any time more than 3 times that necessary for lifting the working platform with its rated load.

History

• History: 1979 AC; 1992 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10566 Outriggers {#sec-r-408.10566 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10566}

Rule 566. (1) Outriggers may be used as a method of suspension for groundrigged working platforms where the point of suspension is not more than 300 feet (91.5 m) above a safe surface. A tie-in guide system or systems shall be provided and shall be in compliance with the requirements of R 408.10561 and R 408.10562.

(2) Outriggers shall be used only with self-powered, ground-rigged working platforms.

(3) Each outrigger shall be secured with a tie-down to a verified anchorage on the building during the entire period of its use. The anchorage shall be designed to have a stability factor of not less than 4 against overturning or upsetting the outrigger.

(4) Access to and egress from the working platform shall be from and to a safe surface below the point of suspension.

(5) Each portable outrigger shall be designed for lateral stability to prevent rollover if lateral load is accidentally applied to the outrigger.

The accidental lateral load to be considered in this design system shall be not less than 70% of the rated load of the hoist.

(6) Each portable outrigger shall be designed to support a load of not less than 4 times the rated load of the hoist.

(7) Each portable outrigger shall be located so that the suspension wire ropes for 2-point suspended working platforms are hung parallel.

(8) A portable outrigger shall be tied back to a verified anchor on the building with a rope that is equivalent in strength to the suspension rope.

(9) The tie-back rope shall be installed parallel to the centerline of the outrigger.

History

• History: 1979 AC; 1981 AACS; 1992 AACS.

Mich. Admin. Code R 408.10567 Davits {#sec-r-408.10567 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10567}

Rule 567. (1) Every davit installation, whether fixed or portable or rotatable or non-rotatable, shall be designed and installed to ensure that it has a stability factor against overturning of not less than 4.

(2) Both of the following requirements apply to roof-rigged davit systems:

(a) Access to and egress from the working platform shall be from a safe surface.

Access or egress shall not require a person to climb over a building's parapet or guard railing.

(b) The working platform shall be provided with wheels, casters, or a carriage for traversing horizontally.

(3) Both of the following requirements apply to ground-rigged davit systems:

(a) The point of suspension shall not be more than 300 feet (91.5 m) above a safe surface. A guide system or systems shall be provided and shall be in compliance with the requirements of R 408.10561 and R 408.10562.

(b) Access and egress to and from the working platform shall only be from a safe surface that is below the point of suspension.

(4) A rotating davit shall not require a horizontal force of more than 40 pounds (177.9 n) per person to initiate a rotating movement.

(5) All of the following requirements apply to portable davits:

(a) A davit or part of a davit that weighs more than 80 pounds (36 kg) shall be provided with a means for its transport, which shall keep the center of gravity of the davit at or below 36 inches (914 mm) above the safe surface during transport.

(b) A davit shall be provided with a pivoting socket or with a base that will allow the insertion or removal of a davit at a position of not more than 35 degrees above the horizontal, with the complete davit inboard of the building face being serviced.

(c) Means shall be provided to lock the davit to its socket or base before it is used to suspend the platform.

History

• History: 1979 AC; 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10568 Roof guarding {#sec-r-408.10568 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568}

Rule 568. (1) Employees who work on roofs while performing building maintenance shall be protected by a perimeter guarding system that meets the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509.

(2) The perimeter guard shall not be more than 6 inches (152 mm) inboard of the inside face of a barrier, for example, the parapet wall, or roof edge curb of the building being serviced; however, the perimeter guard location shall not be set back more than 18 inches (457 mm) from the exterior building face.

History

• History: 1992 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10568a Equipment stops {#sec-r-408.10568a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568a}

Rule 568a. Operational areas for trackless type equipment shall be provided with structural stops, such as curbs, to prevent equipment from traveling outside its intended travel areas and to prevent a crushing or shearing hazard.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568b Maintenance access {#sec-r-408.10568b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568b}

Rule 568b. Means shall be provided to traverse all carriages and their suspended equipment to a safe area for maintenance and storage. Maintenance shall be performed on equipment in a stored position when possible.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568c Elevated track {#sec-r-408.10568c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568c}

Rule 568c. Either of the following must be provided:

(a) An elevated track system that is located 4 feet (1.2 m) or more above a safe surface and that is traversed by carriage supported equipment shall be provided with a walkway and guardrail system.

(b) The working platform that is capable of being lowered, as part of its normal operation, to the lower safe surface for access and egress of the personnel and provided with a safe means of access and egress to the lower safe surface.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568d Tie-down anchors {#sec-r-408.10568d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568d}

Rule 568d. Imbedded tie-down anchors, fasteners, and affected structures shall be resistant to corrosion.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568e Cable stabilization {#sec-r-408.10568e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568e}

Rule 568e. (1) Hanging lifelines and all cables that are not in tension shall be stabilized at 200-foot (61 m) intervals of vertical travel of the working platform beyond an initial 200-foot (61 m) distance.

(2) Hanging cables, other than suspended wire ropes, that are in constant tension shall be stabilized when the vertical travel is more than an initial 600-foot (183 m) distance. Beyond the initial 600 feet, cables shall be stabilized at intervals of 600 feet (183 m) or less.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568f Emergency planning {#sec-r-408.10568f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568f}

Rule 568f. An employer shall develop and implement a written emergency action plan for each kind of working platform operation. This plan shall explain the emergency procedures that are to be followed in the event of a power failure, equipment failure, or other emergencies which may be encountered. The plan shall include building emergency escape routes, procedures, and alarm systems to be used by each employee before operating a platform. Upon initial assignment and when the plan is changed, the employer shall review, with each employee, those parts of the plan that the employee is required to know in the event of an emergency.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10568g Building maintenance {#sec-r-408.10568g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10568g}

Rule 568g. Repairs or major maintenance of those building portions that provide primary support for the suspended equipment shall not affect the capability of the building to be in compliance with the requirements of these rules.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10569 Electrical requirements {#sec-r-408.10569 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10569}

Rule 569. The following electrical requirements apply to buildings that utilize working platforms for building maintenance:

(a) General building electrical installations shall be in compliance with the provisions of General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems," as referenced in R 408.10509.

(b) Building electrical wiring shall be of such capacity that when a full load is applied to the equipment power circuit not more than a 5% drop from building service-vault voltage will occur at any power circuit outlet that is used by equipment regulated by these rules.

(c) The equipment power circuit shall be an independent electrical circuit that remains separate from all other equipment within or on the building, other than power circuits that are used for hand tools which will be used in conjunction with the equipment. If the building has an emergency power system, the equipment power circuit may also be connected to this system.

(d) The power circuit shall be provided with a disconnect switch that can be locked in the "off" or "on" position. The switch shall be located to allow the operators of the equipment access to the switch.

(e) The disconnect switch for the power circuit shall be locked in the "on" position when the equipment is in use.

R 408.10570. Controls and interlocks.

Rule 570. Where a roof car is used, safety interlocks shall be provided to ensure that the working platform will not leave the stored position until the required positive position anchor is engaged and to ensure that the roof car cannot move when the working platform is not in the stored position.

History

• History: 1992 AACS; 2008 AACS; 2016 AACS.
• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 408.10571 Safety factors {#sec-r-408.10571 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10571}

Rule 571. All of the parts of a powered platform that are subject to stress, except for the wire rope, shall have a design safety factor of not less than 5. Wire rope shall have a design safety factor of not less than 10.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.10572 Working platforms {#sec-r-408.10572 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10572}

Rule 572. A working platform that is used on the exterior of a building shall be equipped with rollers which will be in contact with the building face. Where the vertical working travel of a working platform is more than 130 feet, the platform shall be equipped with guide rollers or guide shoes which shall positively engage guides, such as "t" rails or indented mullions. The guide rollers or guide shoes shall enter the guides at the lowest possible speed and shall not require any manual assistance from an employee while the work platform is in motion. A working platform that is installed before the effective date of this standard and that has a rise of more than 130 feet may use an equivalent means to tie the platform to the building instead of guide rollers or guide shoes.

History

• History: 1979 AC; 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10573 Inspections and tests {#sec-r-408.10573 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10573}

Rule 573. (1) An employer that has a powered platform under the employer's control shall do all of the following:

(a) Provide operating instructions and a checklist for a visual inspection which shall be used by the operator before each daily use of the platform. The visual inspection shall include a check of the platform controls and safety interlocks.

(b) Provide for a physical inspection, and service and repair when required, of the platform by a trained and authorized employee or an outside service every 30 days or before each use cycle if the equipment is used less often than every 30 days. The inspection, service, or repair shall be logged to show the date and the signature of the authorized employee or outside service and the work done.

(c) Provide for inspections and operating tests not less than annually or after major alterations to determine that all components of the platform, including safety and operating equipment, are in compliance with the provisions of these rules. Such inspections and operating tests shall be made by a trained and authorized employee or outside service.

(2) A special inspection of platform governors and secondary brakes shall be made not less than annually by an authorized and trained employee or outside service to verify that the initiating device for the secondary brake operates at the proper overspeed. If a test cannot be made in the field, the initiating device or hoisting machine, or both, shall be removed from the building and sent to a shop that is equipped to make such a test.

(3) When the tested parts are reinstalled, the powered platform shall be reinspected before returning it to service.

History

• History: 1979 AC; 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.10574 Maintenance {#sec-r-408.10574 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10574}

Rule 574. (1) The following maintenance shall be performed, when required, during the 30-day inspection:

(a) Replacement of any worn or defective parts noted during the inspections prescribed in R 408.10572.

(b) Electrical connections shall be tightened and controller contactors and relays shall be cleaned.

(c) Gears, shafts, bearings, brakes, and hoisting drums shall be aligned.

(2) Hoisting ropes shall be reshackled at the non-drum ends at least once every 2 years. In reshackling a rope, enough shall be cut from the end to remove damaged or fatigued portions. The rope shall be retagged and the limit switches reset, if necessary.

(3) Hoisting rope shall be replaced when there are 6 or more broken wires in any 1 lay or when the wire rope becomes damaged or is in a deteriorated condition.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.10575 Hoisting machines {#sec-r-408.10575 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575}

Rule 575. (1) The raising and lowering of suspended or supported equipment shall be performed only by a hoisting machine.

(2) Each hoisting machine shall be capable of arresting any overspeed descent of the load.

(3) Each hoisting machine shall be powered only by air, electric, or hydraulic sources.

(4) Each hoisting machine shall be capable of raising or lowering 125% of the rated load of the hoist.

(5) Moving parts of a hoisting machine shall be enclosed or guarded in compliance with the provisions of General Industry Safety Standard Part 7 “Guards for Power Transmission," as referenced in R 408.10509.

(6) Flammable liquids shall not be carried on the working platform.

(7) Winding drums, traction drums, and sheaves and directional sheaves that are used in conjunction with hoisting machines shall be sized for the wire rope that is used.

(8) Each winding drum shall be provided with a positive means of attaching the wire rope to the drum. The attachment shall be capable of developing not less than 4 times the rated load of the hoist.

(9) Each hoisting machine shall be provided with a primary brake and at least 1 independent secondary brake, each of which shall be capable of stopping and holding not less than 125% of the lifting capacity of the hoist.

(10) The primary brake shall be directly connected to the drivetrain of the hoisting machine and shall not be connected through belts, chains, clutches, or set screw-type devices. The brake shall automatically set when power to the prime mover is interrupted.

(11) The secondary brake shall be an automatic emergency type of brake that, if actuated during each stopping cycle, shall not engage before the hoist is stopped by the primary brake and shall stop and hold the platform within a vertical distance of 24 inches (609.6 mm).

(12) Any component of a hoisting machine that requires lubrication for its protection and proper functioning shall be provided with a means for that lubrication to be applied.

History

• History: 1992 AACS; 2008 AACS; 2016 AACS.

Mich. Admin. Code R 408.10575a Suspended equipment {#sec-r-408.10575a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575a}

Rule 575a. (1) Each suspended unit component, except for suspension ropes and guardrail systems, shall be capable of supporting not less than 4 times the maximum intended live load applied or transmitted to that component.

(2) Each suspended unit component shall be constructed of materials that will withstand anticipated weather conditions.

(3) Each suspended unit shall be provided with a load rating plate that is conspicuously located and that states the unit weight and rated load of the suspended unit.

(4) When the suspension points on a suspended unit are not at the unit ends, the unit shall be capable of remaining continuously stable under all conditions of use and position of the live load and shall maintain not less than a 1.5 to 1 stability factor against unit upset.

(5) Guide rollers, guide shoes, or building face rollers shall be provided and shall compensate for variations in building dimensions and for minor horizontal out-of-level variations of each suspended unit.

(6) Each working platform of a suspended unit shall be secured to the building facade by 1 or more of the following methods or by an equivalent method that is in compliance with the provisions of R 408.10561 and R 408.10562:

(a) Continuous.

(b) Intermittent.

(c) Button guide engagement.

(d) Angulated roping.

(e) Building face rollers.

(7) Each working platform of a suspended unit shall be provided with a guardrail system on all sides, which shall meet the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509. All of the following provisions apply to the guardrail system:

(a) The system shall consist of a top guardrail, midrail, and toeboard.

(b) The top guardrail shall be not less than 42 inches high and shall be able to withstand not less than a 200-pound force in any downward or outward direction.

(c) The midrail shall be able to withstand not less than a 75-pound (333 n) force in any direction.

(d) The areas between the guardrail and toeboard on the ends and outboard side, and the area between the midrail and toeboard on the inboard side, shall be closed with a material that is capable of withstanding a load of 100 pounds (45.4 kg.) applied horizontally over any area of 1 square foot (.09 m ). All openings in the material shall be small enough to prevent the passage of lifelines and potential falling objects that may be hazardous to persons below.

(e) Toeboards shall be capable of withstanding a force of not less than 50 pounds (222 n) applied in any direction at any point along the toeboard.

(f) Toeboards shall be not less than 4 inches in height from the top edge to the level of the platform floor.

(g) Toeboards shall be securely fastened in place at the outermost edge of the platform and have not more than 1/4 of an inch (1.3 cm) clearance above the platform.

(h) Toeboards shall be solid or have an opening that is not more than 1 inch (2.5 cm) in the greatest dimension.

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10575b Two- and 4-point suspended working platforms {#sec-r-408.10575b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575b}

Rule 575b. (1) The 2- and 4-point suspended working platform shall be not less than 24 inches (610 mm) wide and shall be provided with a minimum of a 12-inch (305 mm) wide passage at or past any obstruction on the platform.

(2) The flooring of the 2- and 4-point suspended working platform shall be of a slip-resistant type and shall not have an opening that would allow the passage of lifelines, cables, and other potential falling objects.

(3) The 2- and 4-point suspended working platform shall be provided with a means of suspension that will restrict the platform from tilting more than 15 degrees in any direction.

(4) Any cable that is suspended from above the 2- and 4-point suspended working platform shall be provided with a means for storage to prevent accumulation of the cable on the floor of the platform.

(5) All operating controls for the vertical travel of the 2- and 4-point suspended working platform shall be of the continuous-pressure type and shall be located on the platform.

(6) Each operating station of every 2- and 4-point suspended working platform shall be provided with a means of interrupting the power supply to all hoist motors to stop any further powered ascent or descent of the platform.

(7) The maximum rated speed of the 2- and 4-point suspended working platform shall not be more than 50 feet per minute (0.3 ms) for single-speed hoists and not more than 75 feet per minute (0.4 ms) for multispeed hoists.

(8) All tools, water tanks, and other accessories shall be secured to prevent their movement or accumulation on the floor of the 2- and 4-point suspended working platform.

(9) Portable fire extinguishers that are in compliance with the provisions of General Industry Safety Standard Part 8 “Portable Fire Extinguishers," as referenced in R 408.10509, shall be provided and securely attached on all 2- and 4-point suspended working platforms.

(10) Access to and egress from a 2- and 4-point suspended working platform, except for those that land directly on a safe surface, shall be provided by stairs, ladders, platforms, and runways that are in compliance with the provisions of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509. Access gates shall be self-closing and self-latching.

(11) Means of access to or egress from a working platform that is 48 inches (1.2 m) or more above a safe surface shall be provided with a guardrail system or ladder-handrails that are in compliance with the provisions of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509.

(12) The 2- and 4-point suspended working platform shall be provided with a secondary wire rope suspension system if the platform has overhead structures that restrict the emergency egress of employees. A horizontal lifeline or a direct connection anchorage shall be provided as part of a personal fall arrest system. The system shall be in compliance for each employee on such a platform with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment" as referenced in R 408.10509.

(13) A vertical lifeline shall be provided as part of a personal fall arrest system. The system shall be in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509, for each employee on a working platform that is suspended by 2 or more wire ropes, if the failure of 1 wire rope or suspension attachment will cause the platform to upset. If a secondary wire rope suspension is used, vertical lifelines are not required for the personal fall arrest system, provided that each employee is attached to a horizontal lifeline anchored to the platform.

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10575c Single point suspended working platforms {#sec-r-408.10575c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575c}

Rule 575c. (1) The requirements of R 408.10575b(1) to (11) apply to a single-point working platform.

(2) Each single-point suspended working platform shall be provided with a secondary wire rope suspension system that will prevent the working platform from falling if there is a failure of the primary means of support, or if the platform contains overhead structures that restrict the egress of the employees. A horizontal lifeline or a direct connection anchorage shall be provided, as part of a personal fall arrest system that is in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509, for each employee on the platform.

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10575d Ground-rigged working platforms {#sec-r-408.10575d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575d}

Rule 575d. (1) The ground-rigged working platform shall be in compliance with all of the requirements of R 408.10575b(1) to (11).

(2) After each day's use, the power supply within the building shall be disconnected from a ground-rigged working platform, and the platform shall be either disengaged from its suspension points or secured and stored at grade.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10575e Intermittently stabilized platforms {#sec-r-408.10575e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575e}

Rule 575e. (1) The intermittently stabilized platform shall be in compliance with the requirements of R 408.10575b (1) to (13).

(2) Each stabilizer tie shall be equipped with a quick-connect and quick-disconnect device that cannot be accidentally disengaged, that is for attachment to the building anchor, and that is resistant to adverse environmental conditions.

(3) The platform shall be provided with a stopping device that will interrupt the hoist power supply if the platform contacts a stabilizer tie during its ascent.

(4) Building face rollers shall not be placed at the anchor setting if exterior anchors are used on the building face.

(5) Stabilizer ties that are used on intermittently stabilized platforms shall allow for the specific attachment length that is needed to effect the predetermined angulation of the suspended wire rope. The specific attachment length shall be maintained at all building anchor locations.

(6) The intermittently stabilized platform shall be in continuous contact with the face of the building during ascent and descent.

(7) The attachment and removal of stabilizer ties shall not require the horizontal movement of the platform.

(8) The platform-mounted equipment and its suspension wire ropes shall not be physically damaged by the loads from the stabilizer tie or its building anchor. The platform, platform-mounted equipment, and wire ropes shall be able to withstand a load that is not less than twice the ultimate strength of the stabilizer tie.

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10575f Button-guide stabilized platforms {#sec-r-408.10575f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575f}

Rule 575f. (1) The button-guide stabilized platform shall be in compliance with the requirements of R 408.10575b(1) to (13).

(2) Each guide track on the button-guide stabilized platform shall engage a minimum of 2 guide buttons during any vertical travel of the platform after the initial button engagement.

(3) Each guide track on a button-guide stabilized platform that is part of a roof-rigged system shall be provided with a storage position on the platform.

(4) Each guide track on the button-guide stabilized platform shall be sufficiently maneuverable by platform occupants to permit easy engagement of the guide buttons and easy movement into and out of the guide track's storage position on the platform.

(5) Two guide tracks shall be mounted on the button-guide stabilized platform and shall provide continuous contact with the building face.

(6) The load-carrying components of the button guide stabilization system that transmit the load into the platform shall be capable of supporting the weight of the platform or provision shall be made in the guide track connectors or platform attachments to prevent the weight of the platform from being transmitted to the platform attachments.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10575g Supported equipment {#sec-r-408.10575g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575g}

Rule 575g. (1) Supported equipment shall maintain a vertical position in respect to the face of the building by means other than friction.

(2) Cog wheels or equivalent means shall be incorporated to provide climbing traction between the supported equipment and the building guides.

(3) Additional guide wheels or shoes shall be incorporated as may be necessary to ensure that the drive wheels are continuously held in positive engagement with the building guides.

(4) Launch guide mullions that are indexed to the building guides and that are retained in alignment with the building guides shall be used to align drive wheels that enter the building guides.

(5) Manned platforms that are used on supported equipment shall be in compliance with the requirements of R 408.10575b (1), (2), and (4) to (11) with respect to suspended equipment.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10575h Suspension wire ropes and rope connections {#sec-r-408.10575h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10575h}

Rule 575h. (1) Each specific installation shall use suspension wire ropes or combination cable and connections that are in compliance with the specifications recommended by the manufacturer of the hoisting machine that is used. Connections shall be capable of developing not less than 80% of the rated breaking strength of the wire rope.

(2) Each suspension rope shall have a design factor of not less than 10. The design factor is the ratio of the rated strength of the suspension wire rope to the rated working load and shall be calculated using the following formula:

F = S(N)

W Where:

F Design factor S Manufacturer’s rated strength of 1 suspension rope.

N Number of suspension ropes under 1 load W Rated working load on all ropes at any point of travel.

(3) Suspension wire rope grade shall be at least improved plow steel or equivalent.

(4) Suspension wire ropes shall be sized to be in compliance with the required design factor, but shall not be less than 5/16 of an inch (7.94 mm) in diameter.

(5) A reverse bend in wire rope shall not be permitted.

(6) A bend radius in wire rope shall not be less than 20 times the wire rope diameter.

(7) Wire rope shall be inspected and maintained as specified in the provisions of R 408.10582.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.10576 Tags {#sec-r-408.10576 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10576}

Rule 576. (1) A corrosion-resistant tag shall be securely attached to 1 of the wire rope fastenings when a suspension wire rope is to be used at a specific location and will remain in that location. This tag shall bear all of the following wire rope data:

(a) The diameter in inches or millimeters, or both.

(b) Construction classification.

(c) Whether non-preformed or preformed.

(d) The grade of materials.

(e) The manufacturer's rated strength.

(f) The manufacturer's name.

(g) The month and year the ropes were installed.

(h) The name of the person or company that installed the ropes.

(2) A new tag shall be installed at each rope renewal.

(3) The original tag shall be stamped with the date of the resocketing or the original tag shall be retained and a supplemental tag shall be provided when ropes are resocketed.

The supplemental tag shall show the date of resocketing and the name of the person or company that resocketed the rope.

(4) Winding drum-type hoists shall contain not less than 3 wraps of the suspension wire rope on the drum when the suspended unit has reached the lowest possible point of its vertical travel.

(5) Traction drum and sheave-type hoists shall be provided with a wire rope that is of a sufficient length to reach the lowest possible point of vertical travel of the suspended unit and with an additional length of the wire rope that is not less than 4 feet (1.2 m). The lengthening or repairing of suspension wire rope is prohibited. Babbitted fastenings for suspension wire rope are prohibited.

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10577 Control circuits; power circuits; components {#sec-r-408.10577 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10577}

Rule 577. (1) Electrical wiring and equipment shall be in compliance with the requirements specified in General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.10509, except as otherwise required by these rules.

(2) An electrical runway conductor system shall be of a type that is designed for use in exterior locations and shall be located so that the system does not come into contact with accumulated snow or water.

(3) Cables shall be protected against damage that results from over-tensioning or from other causes.

(4) Devices shall be included in the control system for the equipment which will provide protection against electrical overloads, 3-phase reversal, and phase failure. The control system shall have a separate method, which shall be independent of the direction control circuit, for breaking the power circuit if there is an emergency or malfunction.

(5) Suspended or supported equipment shall have a control system that will require the operator of the equipment to follow predetermined procedures.

(6) All of the following requirements apply to electrical protection devices:

(a) On installations where the carriage does not have a stability factor of at least 4 against overturning, an electrical contact or contacts shall be provided and connected so that the operating devices for the suspended or supported equipment shall be operative only when the carriage is located and mechanically retained at an established operating point.

(b) Overload protection shall be provided in the hoisting or suspension system to protect against the equipment operating in the "up" direction with a load of more than 125% of the rated load of the platform.

(c) An automatic detector shall be provided for each suspension point which will interrupt power to all hoisting motors for travel in the "down" direction and which will apply the primary brakes if any suspension wire rope becomes slack. A continuous-pressure rigging-bypass switch that is designed for use during rigging is permitted. This switch shall only be used by authorized personnel during rigging.

(d) Upper and lower directional switches that are designed to prevent the travel of suspended units beyond safe upward and downward levels shall be provided.

(e) Emergency stop switches shall be provided on remote controlled, roof-powered platforms that are adjacent to each control station on the platform.

(f) Cables that are in constant tension shall have overload devices which will prevent the tension in the cable from interfering with the load-limiting device or with the platform roll-limiting device. The setting of these devices shall be coordinated with other overload settings at the time the system is designed and shall be clearly indicated on or near the device. The device shall interrupt the equipment travel in the "down" direction.

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10578 Inspection and tests {#sec-r-408.10578 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10578}

Rule 578. (1) All completed building maintenance equipment installations shall be inspected and tested in the field before being placed in initial service to determine that all parts of the installation are in compliance with applicable requirements of these rules, and that all safety and operating equipment is functioning as required.

(2) A similar inspection and test shall be made after any major alteration to an existing installation.

(3) A hoist in an installation shall not be subjected to a load that is more than 125% of its rated load.

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10579 Periodic inspections and tests {#sec-r-408.10579 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10579}

Rule 579. (1) Related building supporting structures shall undergo periodic inspection by a competent person at intervals of not more than 12 months.

(2) All parts of the equipment, including control systems, shall be inspected and, where necessary, tested by a competent person at intervals specified by the manufacturer and supplier, but not more than 12-month intervals, to determine that equipment parts are in safe operating condition. Parts that are subject to wear, such as wire ropes, bearings, gears, and governors, shall be inspected or tested to determine that they have not worn to such an extent as to affect the safe operation of the installation.

(3) The owner shall keep a certification record of each inspection and test required.

The record shall include all of the following information:

(a) The date of the inspection.

(b) The signature of the person who performed the inspection.

(c) The number, or other identifier, of the building support structure and equipment that was inspected. This certification record shall be kept readily available for review by the director of the Michigan department of licensing and regulatory affairs or his or her representative and by the employer.

(4) Working platforms and their components shall be inspected by the employer for visible defects before every use and after each occurrence that could affect the platform's structural integrity.

History

• History: 1992 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.10580 Maintenance inspections and tests {#sec-r-408.10580 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10580}

Rule 580. (1) A maintenance inspection and, where necessary, a test shall be made of each platform installation every 30 days. If the work cycle is less than 30 days, such inspection and test shall be made before each work cycle. This inspection and test shall follow the procedures recommended by the manufacturer and shall be made by a competent person.

(2) The building owner shall keep a certification record of each inspection and test performed. The record shall contain all of the following information:

(a) The date of the inspection and test.

(b) The signature of the person who performed the inspection or test.

(c) An identifier for the platform installation that was inspected. The certification record shall be kept readily available for review by the director of the Michigan department of licensing and regulatory affairs or his or her designated representative and by the employer.

History

• History: 1992 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.10581 Special inspection of governors and secondary brakes {#sec-r-408.10581 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10581}

Rule 581. (1) Governors and secondary brakes shall be inspected and tested at intervals specified by the manufacturer and supplier, but the interval shall not be more than every 12 months.

(2) The results of the inspection and test shall confirm that the initiating device for the secondary braking system operates at the proper overspeed.

(3) The results of the inspection and test shall confirm that the secondary brake is functioning properly.

(4) If any hoisting machine or initiating device for the secondary brake system is removed from the equipment for testing, all reinstalled and directly related components shall be reinspected before returning the equipment installation to service.

(5) Inspection of governors and secondary brakes shall be performed by a competent person.

(6) The secondary brake governor and actuation device shall be tested before each daily use. Where testing is not feasible, a visual inspection of the brake shall be made to ensure that it is free to operate.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.10582 Suspension wire rope maintenance; inspection and replacement {#sec-r-408.10582 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10582}

Rule 582. (1) Any of the following conditions or combination of conditions are because for removal of the wire rope:

(a) In any length of 8 diameters, the total number of visible broken wires is more than 6 in 1 rope lay or 3 wires in 1 strand.

(b) The wire rope has been kinked, crushed, or bird-caged or has sustained any other damage that distorts the wire rope structure.

(c) The wire rope shows heat or corrosive damage.

(d) The wire rope contains a broken wire within 18 inches (460.8 mm) of the end attachment.

(2) Wire rope that is bent to form an eye over a bolt or rod that has a diameter that is less than 4 times the rope diameter shall be equipped with a metal thimble.

(3) End fittings should be swagged or zinc-poured sockets.

(4) Where wire clips are used, the provisions of table 8 shall be followed and the u-bolts shall be installed on the dead end or short end of the wire rope.

(5) Wire rope shall be stored in a manner to prevent damage or deterioration.

(6) Before cutting wire rope, a seizing shall be placed on each side of the cut on preformed wire rope, 2 seizings shall be placed on each side of 7/8 inch size or smaller nonpreformed wire rope, and 3 seizings shall be placed on each side of 1 inch or larger size nonpreformed wire rope.

(7) Wire rope shall be maintained in a lubricated condition over its entire length with the same type of lubricant that is used by the manufacturer.

(8) Suspension wire ropes shall be maintained and used in accordance with the procedures recommended by the wire rope manufacturer.

(9) Suspension wire rope shall be inspected by a competent person for visible defects and gross damage to the rope before every use and after each occurrence that might affect the wire rope's integrity.

(10) A thorough inspection of suspension wire ropes in service shall be made once a month. Suspension wire ropes that have been inactive for 30 days or more shall have a thorough inspection before they are placed into service. These thorough inspections of suspension wire ropes shall be performed by a competent person.

(11) The need for replacement of suspension wire rope shall be based on its condition. A wire rope shall be removed for any of the following conditions:

(a) Evidence of core failure. A lengthening of rope lay, protrusion of the rope core, and a reduction in rope diameter suggests core failure.

(b) Outer wire wear is more than 1/3 of the original outer wire diameter.

(c) Any other condition that the competent person determines has significantly affected the integrity of the rope.

(12) The owner shall keep a certification record of each monthly inspection of a suspension wire rope which shall be verified by the employer. The record shall include the date of the inspection and a number or other identifier of the wire rope that was inspected. The record of inspection shall be made available for review by the director of the Michigan Department of Licensing and Regulatory Affairs or his or her designated representative and by the employer.

History

• History: 1992 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.10583 Fiber rope maintenance; inspection and replacement {#sec-r-408.10583 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10583}

Rule 583. (1) An employer shall ensure that fiber rope shall be inspected visually before the start of each daily use as follows:

(a) Externally for any of the following conditions:

(i) Abrasions.

(ii) Cut or broken fibers.

(iii) Decay.

(iv) Burns.

(v) Lack of strength.

(vi) Softness.

(vii) Variation in size or roundness of the strands.

(b) Internally, by separating the strands at 3-foot intervals, for any of the following conditions:

(i) Broken fibers.

(ii) Presence of grit.

(iii) Mildew or mold.

(iv) Color change of the fibers.

(v) Powdering.

(vi) Short loose fibers. A rope that has any of the conditions specified in this rule shall be replaced or returned to the manufacturer for repair.

(2) A fiber rope shall be stored in a dry room in coils or on a reel.

(3) A wet fiber rope shall be dried by placing it in the sunshine or a warm room hanging loosely over a rounded peg or hook.

(4) A fiber rope shall not be kinked or run over sharp corners, shall not be used when frozen, and shall not be left in freezing temperatures when wet.

(5) A fiber rope that is subjected to an impact load that is equal to or more than its rated capacity shall be replaced.

(6) A thimble shall be used with fiber rope pursuant to the provisions of R 408.10581(2).

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10584 Synthetic rope maintenance; inspection and replacement {#sec-r-408.10584 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10584}

Rule 584. (1) An employer shall ensure that synthetic rope shall be inspected visually before the start of each job for all of the following conditions:

(a) Abrasions.

(b) Cut or broken fibers.

(c) Burns.

(d) Melted fibers.

(e) Variation in size or roundness of the strands. A rope that has any of these conditions shall be replaced or returned to the manufacturer for repair.

(2) Because of the variance in manufacturing methods, the manufacturer's recommendations shall be followed.

(3) A synthetic rope shall not be kinked, run over sharp corners, used when frozen, or left in freezing temperatures when wet.

(4) A synthetic rope that is subjected to an impact load that is equal to or more than its rated capacity shall be replaced.

(5) A thimble shall be used with synthetic rope pursuant to the provisions of R 408.10581(2).

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10585 Hoist inspection; maintenance and cleaning {#sec-r-408.10585 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10585}

Rule 585. (1) Before lowering personnel below the top elevation of the building, a hoist shall be tested each day in the lifting direction with the intended load to make certain it has sufficient capacity to raise the personnel back to the boarding level.

(2) All parts of the equipment that affect the safe operation of a hoist shall be maintained in proper working order so that the parts perform the functions for which they were intended. The equipment shall be taken out of service when it is not in proper working order.

(3) Control or power contacts and relays shall be kept clean.

(4) All other equipment parts shall be kept clean if their proper functioning would be affected by the presence of dirt or other contaminants.

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10586 Periodic resocketing of wire rope fastenings {#sec-r-408.10586 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10586}

Rule 586. (1) Hoisting ropes that utilize poured socket fastenings shall be resocketed at the non-drum ends at intervals of not more than 24 months. In resocketing the ropes, a sufficient length shall be cut from the end of the rope to remove damaged or fatigued portions.

(2) Resocketed ropes shall be in compliance with the requirements of R 408.10581.

(3) Limit switches that are affected by the resocketed ropes shall be reset, if necessary.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.10587 Roof systems; maintenance {#sec-r-408.10587 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10587}

Rule 587. Roof track systems, tie downs, and similar equipment shall be maintained in proper working order so that they perform the functions for which they were intended.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.10588 Building face guiding members; maintenance {#sec-r-408.10588 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10588}

Rule 588. T-rails, indented mullions, and equivalent guides that are located in the face of a building shall be maintained in proper working order so that they perform the functions for which they were intended.

Brackets for cable stabilizers shall similarly be maintained in proper working order.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.10589 Inoperative safety devices {#sec-r-408.10589 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10589}

Rule 589. A person shall not render a required safety device or electrical protective device inoperative, except as necessary for tests, inspections, and maintenance.

Immediately upon completion of such tests, inspections, and maintenance, the device shall be restored to its normal operating condition.

R 408.10590. Platform operator training.

Rule 590. (1) Working platforms shall be operated only by persons who are proficient in the operation, safe use, and inspection of the particular working platform to be operated.

(2) All employees who operate working platforms shall be trained in all of the following areas:

(a) Recognition of, and preventative measures for, the safety hazards that are associated with the employee's individual work tasks.

(b) General recognition and prevention of safety hazards that are associated with the use of working platforms.

(c) Emergency action plan procedures.

(d) Work procedures.

(e) Personal fall arrest system inspection, care, use, and system performance.

(3) The training of employees in the operation and inspection of working platforms shall be done by a competent person.

(4) Written work procedures for the operation, safe use, and inspection of working platforms shall be provided for employee training. Pictorial methods of instruction may be used in place of written work procedures if employee communication is improved through the use of this method. The operating manuals that are supplied by the manufacturers for platform system components can serve as the basis for these procedures.

(5) An employer shall certify that employees have been trained in the operation and inspection of a working platform by preparing a certification record that includes all of the following information:

(a) The identity of the person trained.

(b) The signature of the employer or the person who conducted the training.

(c) The date that training was completed.

The certification record shall be prepared at the completion of the training and shall be maintained in a file for the duration of the employee's employment. The certification record shall be kept readily available for review by the director of the Michigan department of licensing and regulatory affairs or his or her designated representative.

History

• History: 1992 AACS; 2016 AACS.
• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 408.10591 Operations use {#sec-r-408.10591 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10591}

Rule 591. (1) Working platforms shall not be loaded in excess of the rated load as stated on the platform load rating plate.

(2) Employees shall be prohibited from working on snow, ice, or other slippery material that covers a platform, except to remove such materials.

(3) Adequate precautions shall be taken to protect the platform, wire ropes, and lifelines from damage due to acids or other corrosive substances. The precautions taken shall be in accordance with the recommendations of the corrosive substance producer, supplier, platform manufacturer, or other equivalent information sources. Platform members that have been exposed to acids or other corrosive substances shall be washed down after each use with a neutralizing solution at a frequency recommended by the corrosive substance producer or supplier.

(4) Platform members, wire ropes, and lifelines shall be protected when using a heat-producing process. Wire ropes and lifelines that have been contacted by the heat-producing process shall be considered to be permanently damaged and shall not be used.

(5) A platform shall not be operated in winds of more than 25 miles per hour (40.2 km/hr), except to move the platform from an operating to a storage position. Wind speed shall be determined based on the best available information, which includes on-site anemometer readings and local weather forecasts that predict wind velocities for the area.

(6) On exterior installations, an anemometer shall be mounted on the platform to determine on-site wind velocities before and during use of the platform. The anemometer may be a portable (hand-held) unit that is temporarily mounted during platform use.

(7) Tools, materials, and debris that are not related to the work in progress shall not be allowed to accumulate on platforms. Stabilizer ties shall be located so as to allow unencumbered passage along the full length of the platform and shall be of such length so as not to become entangled in rollers, hoists, or other machinery.

History

• History: 1992 AACS; 2016 AACS.

Mich. Admin. Code R 408.10592 Personal fall protection {#sec-r-408.10592 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10592}

Rule 592. Employees on working platforms shall be protected by a personal fall arrest system that is in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509.

APPENDIX D – EXISTING INSTALLATIONS

MANDATORY

Use of the Appendix Appendix D sets out the mandatory building and equipment requirements for applicable permanent installations completed after August 27, 1971, and no later than July 23, 1990, which are exempt from R 408.10501, R 408.10502, R 408.10503 to R 408.10508, R 408.10518, R 408.10561 to R 408.10567, R 408.10568 to R 408.10569, and R 408.10575 to R 408.10577 of this standard.

The requirements in Appendix D are essentially the same as unrevised building and equipment provisions which previously were designated as R 408.10501, R 408.10502, R 408.10518, and R 408.10503 to R 408.10508, and which were effective on November 1, 1974.

Note: All existing installations subject to this appendix shall also comply with R 408.10574(2), R 408.10578 to R 408.10582, and R 408.10585 to R 408.10592 of this standard.

(A) "DEFINITIONS APPLICABLE TO THIS APPENDIX"

(1) "Angulated roping." A system of platform suspension in which the upper wire rope sheaves or suspension points are closer to the plane of the building face than the corresponding attachment points on the platform, thus causing the platform to press against the face of the building during its vertical travel.

(2) "ANSI" American National Standards Institute.

(3) "Babbitted fastenings." The method of providing wire rope attachments in which the ends of the wire strands are bent back and are held in a tapered socket by means of poured molten babbitt metal.

(4) "Brake" - "disc type." A brake in which the holding effect is obtained by frictional resistance between 1 or more faces of discs keyed to the rotating member to be held and fixed discs keyed to the stationary or housing member (pressure between the discs being applied axially).

(5) "Brake - self-energizing band type." An essentially unidirectional brake in which the holding effect is obtained by the snubbing action of a flexible band wrapped about a cylindrical wheel or drum affixed to the rotating member to be held, the connections and linkages being so arranged that the motion of the brake wheel or drum will act to increase the tension or holding force of the band.

(6) "Brake - shoe type." A brake in which the holding effect is obtained by applying the direct pressure of 2 or more segmental friction elements held to a stationary member against a cylindrical wheel or drum affixed to the rotating member to be held.

(7) "Building face rollers." A specialized form of guide roller designed to contact a portion of the outer face or wall structure of the building, and to assist in stabilizing the operators' platform during vertical travel.

(8) "Continuous pressure." Operation by means of buttons or switches, any 1 of which may be used to control the movement of the working platform or roof car, only as long as the button or switch is manually maintained in the actuating position.

(9) "Control." A system governing starting, stopping, direction, acceleration, speed, and retardation of moving members.

(10) "Controller." A device or group of devices, usually contained in a single enclosure, that serves to control in some predetermined manner the apparatus to which it is connected.

(11) "Electrical ground." A conducting connection between an electrical circuit or equipment and the earth, or some conducting body which serves in place of the earth.

(12) "Guide roller." A rotating, bearing-mounted, generally cylindrical member, operating separately or as part of a guide shoe assembly, attached to the platform, and providing rolling contact with building guideways, or other building contact members.

(13) "Guide shoe." An assembly of rollers, slide members, or the equivalent, attached as a unit to the operators' platform, and designed to engage with the building members provided for the vertical guidance of the operators' platform.

(14) "Interlock." A device actuated by the operation of some other device with which it is directly associated, to govern succeeding operations of the same or allied devices.

(15) "Operating device." A pushbutton, lever, or other manual device used to actuate a control.

(16) "Powered platform." Equipment to provide access to the exterior of a building for maintenance, consisting of a suspended power-operated working platform, a roof car, or other suspension means, and the requisite operating and control devices.

(17) "Rated load." The combined weight of employees, tools, equipment, and other material which the working platform is designed and installed to lift.

(18) "Relay, direction." An electrically energized contactor responsive to an initiating control circuit, which in turn causes a moving member to travel in a particular direction.

(19) "Relay, potential for vertical travel." An electrically energized contactor responsive to initiating control circuit, which in turn controls the operation of a moving member in both directions. This relay usually operates in conjunction with direction relays, as covered under the definition, "relay, direction."

(20) "Roof car." A structure for the suspension of a working platform, providing for its horizontal movement to working positions.

(21) "Roof-powered platform." A powered platform having the raising and lowering mechanism located on a roof car.

(22) "Self-powered platform." A powered platform having the raising and lowering mechanism located on the working platform.

(23) "Traveling cable." A cable made up of electrical or communication conductors or both, and providing electrical connection between the working platform and the roof car or other fixed point.

(24) "Weatherproof." Equipment so constructed or protected that exposure to the weather will not interfere with its proper operation.

(25) "Working platform." The suspended structure arranged for vertical travel that provides access to the exterior of the building or structure.

(26) "Yield point." The stress at which the material exhibits a permanent set of 0.2 percent.

(27) "Zinced fastenings." The method of providing wire rope attachments in which the splayed or fanned wire ends are held in a tapered socket by means of poured molten zinc.

(B) "GENERAL REQUIREMENTS"

(1) "Design requirements." All powered platform installations for exterior building maintenance completed as of August 27, 1971, but not later than 180 days after November 1, 1974, shall meet all of the design, construction, and installation requirements of Part II and III of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509, and of this appendix. References shall be made to appropriate parts of ANSI A120.1 1970 edition for detail specifications for equipment and special installations.

(2) "Limitation." The requirements of this appendix apply only to electric powered platforms. It is not the intent of this appendix to prohibit the use of other types of power.

Installation of powered platforms using other types of power is permitted, provided such platforms have adequate protective devices for the type of power used, and otherwise provide for reasonable safety of life and limb to users of equipment and to others who may be exposed.

(3) "Types of powered platforms.”

(i) For the purpose of applying this appendix, powered platforms are divided into 2 basic types, Type F and Type T.

(ii) Powered platforms designated as Type F shall meet all the requirements in Part II of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. A basic requirement of Type F equipment is that the work platform is suspended by at least 4 wire ropes and designed so that failure of any 1 wire rope will not substantially alter the normal position of the working platform. Another basic requirement of Type F equipment is that only 1 layer of hoisting rope is permitted on winding drums. Type F powered platforms may be either roof-powered or self-powered.

(iii) Powered platforms designated as Type T shall meet all the requirements in Part III of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” except for section 28, “Safety Belts and Life Lines,” 1970 edition, as adopted in R 408.40509. A basic requirement of Type T equipment is that the working platform is suspended by at least 2 wire ropes. Failure of 1 wire rope would not permit the working platform to fall to the ground, but would upset its normal position. Type T powered platforms may be either roof-powered or self-powered.

(iv) The requirements of this section apply to powered platforms with winding drum type hoisting machines. It is not the intent of this section to prohibit powered platforms using other types of hoisting machines such as, but not limited to, traction drum hoisting machines, air powered machines, hydraulic powered machines, and internal combustion machines. Installation of powered platforms with other types of hoisting machines is permitted, provided adequate protective devices are used, and provided reasonable safety of life and limb to users of the equipment and to others who may be exposed is assured.

(v) Both Type F and Type T powered platforms shall comply with the requirements of Appendix C of this rule.

(C) "TYPE F POWERED PLATFORMS"

(1) "Roof car, general.”

(i) A roof car shall be provided whenever it is necessary to move the working platform horizontally to working or storage positions.

(ii) The maximum rated speed at which a power traversed roof car may be moved in a horizontal direction shall be 50 feet per minute.

(2) "Movement and positioning of roof car.”

(i) Provision shall be made to protect against having the roof car leave the roof or enter roof areas not designed for travel.

(ii) The horizontal motion of the roof cars shall be positively controlled so as to ensure proper movement and positioning of the roof car.

(iii) Roof car positioning devices shall be provided to ensure that the working platform is placed and retained in proper position for vertical travel and during storage.

(iv) Mechanical stops shall be provided to prevent the traversing of the roof car beyond its normal limits of travel. Such stops shall be capable of withstanding a force equal to 100 percent of the inertial effect of the roof car in motion with traversing power applied.

(v)(a) The operating device of a power-operated roof car for traversing shall be located on the roof car, the working platform, or both, and shall be of the continuous pressure weatherproof electric type. If more than 1 operating device is provided, the operating device shall be so arranged that traversing is possible only from 1 operating device at a time.

(b) The operating device shall be so connected that it is not operable until both of the following:

(1) The working platform is located at its uppermost position of travel and is not in contact with the building face or fixed vertical guides in the face of the building; and (2) All protective devices and interlocks are in a position for traversing.

(3) "Roof car stability." Roof car stability shall be determined by either paragraph (c)(3)(i) or (ii) of this appendix, whichever is greater.

(i) The roof car shall be continuously stable, considering overturning moment as determined by 125 percent rated load, plus maximum dead load and the prescribed wind loading.

(ii) The roof car and its anchorages shall be capable of resisting accidental over-tensioning of the wire ropes suspending the working platform and this calculated value shall include the effect of 1 1/2 times the value. For this calculation, the simultaneous effect of 1/2 wind load shall be included, and the design stresses shall not exceed those referred to in paragraph (b)(1) of this appendix.

(iii) If the load on the motors is at any time in excess of 3 times that required for lifting the working platform with its rated load, the motor shall stall.

(4)"Access to the roof car." Safe access to the roof car and from the roof car to the working platform shall be provided. If the access to the roof car at any point of its travel is not over the roof area or where otherwise necessary for safety, then self-closing, self-locking gates shall be provided. Access to and from roof cars shall comply with the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509.

(5) "Means for maintenance, repair, and storage." Means shall be provided to run the roof car away from the roof perimeter, where necessary, and to provide a safe area for maintenance, repairs, and storage. Provisions shall be made to secure the machine in the stored position. For stored machines subject to wind forces, see special design and anchorage requirements for "wind forces" in Part II, section 10.5.1.1 of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509.

(6) "General requirements for working platforms." The working platform shall be of girder or truss construction and shall be adequate to support its rated load under any position of loading, and comply with the provisions set forth in section 10 of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509, (7) "Load rating plate." Each working platform shall bear a manufacturer's load rating plate, conspicuously posted; stating the maximum permissible rated load. Load rating plates shall be made of noncorrosive material and shall have letters and figures stamped, etched, or cast on the surface. The minimum height of the letters and figures shall be 1/4 inch.

(8) "Minimum size." The working platform shall have a minimum net width of 24 inches.

(9) "Guardrails." Working platforms shall be furnished with permanent guard rails not less than 36 inches high, and not more than 42 inches high at the front of building side. At the rear, and on the sides, the rail shall not be less than 42 inches high. An intermediate guardrail shall be provided around the entire platform between the top guardrail and the toeboard.

(10) "Toeboards." A 4-inch toeboard shall be provided along all sides of the working platform.

(11) "Open spaces between guardrails and toeboards." The spaces between the intermediate guardrail and platform toeboard on the building side of the working platform, and between the top guardrail and the toeboard on other sides of the platform, shall be filled with metallic mesh or similar material that will reject a ball 1 inch in diameter. The installed mesh shall be capable of withstanding a load of 100 pounds applied horizontally over any area of 144 square inches. If the space between the platform and the building face does not exceed 8 inches, and the platform is restrained by guides, the mesh may be omitted on the front side.

(12) "Flooring." The platform flooring shall be of the nonskid type, and if of open construction, shall reject a 9/16 - inch diameter ball, or be provided with a screen below the floor to reject a 9/16 - inch diameter ball.

(13) "Access gates." Where access gates are provided, access gates shall be self-closing and self-locking.

(14) "Operating device for vertical movement of the working platform.”

(i) The normal operating device for the working platform shall be located on the working platform and shall be of the continuous pressure weatherproof electric type.

(ii) The operating device shall be operable only when all electrical protective devices and interlocks on the working platform are in position for normal service, and the roof car, if provided, is at an established operating point.

(15) "Emergency electric operative device.”

(i) In addition, on roof-powered platforms, an emergency electric operating device shall be provided near the hoisting machine for use in the event of failure of the normal operating device for the working platform, or failure of the traveling cable system. The emergency operating device shall be mounted in a locked compartment and shall have a legend mounted thereon reading: "for Emergency Operation Only. Establish Communication With Personnel on Working Platform Before Use."

(ii) A key for unlocking the compartment housing the emergency operating device shall be mounted in a break-glass receptacle located near the emergency operating device.

(16) "Manual cranking for emergency operation." Emergency operation of the main drive machine may be provided to allow manual cranking. This provision for manual operation shall be designed so that not more than 2 persons will be required to perform this operation. The access to this provision shall include a means to automatically make the machine inoperative electrically while under the emergency manual operation. The design shall be such that the emergency brake is operative at or below governor tripping speed during manual operation.

(17) "Arrangement and guarding of hoisting equipment.”

(i) Hoisting equipment shall consist of a power-driven drum or drum contained in the roof car, also known as roof-powered platforms, or contained on the working platform, also known as self-powered platform.

(ii) The hoisting equipment shall be power-operated in both up and down directions.

(iii) Guard or other protective devices shall be installed wherever rotating shafts or other mechanisms or gears may expose personnel to a hazard.

(iv) Friction devices or clutches shall not be used for connecting the main driving mechanism to the drum or drums. Belt or chain-driven machines are prohibited.

(18) "Hoisting motors.”

(i) Hoisting motors shall be electric and of weather-proof construction.

(ii) Hoisting motors shall be in conformance with applicable provisions of paragraph (c)(22) of this appendix, Electrical Wiring and Equipment.

(iii) Hoisting motors shall be directly connected to the hoisting machinery. Motor couplings, if used, shall be of steel construction.

(19) "Brakes." The hoisting machine or machines shall have 2 independent braking means, each designed to stop and hold the working platform with 125 percent of rated load.

(20) "Hoisting ropes and rope connections.”

(i) Working platforms shall be suspended by wire ropes of either 6 X 19 or 6 X 37 classification, preformed or non-preformed.

(ii) [Reserved]

(iii) The minimum factor of safety is 10, and shall be calculated by the following formula:

F = S x N / W Where:

S Manufacturer's rated breaking strength of 1 rope.

N Number of ropes under load.

W Maximum static load on all ropes with the platform and its rated load at any point of its travel.

(iv) Hoisting ropes shall be sized to conform with the required factor of safety, but in no case shall the size be less than 5/16 inch diameter.

(v) Winding drums shall have at least 3 turns of rope remaining when the platform has landed at the lowest possible point of its travel.

(vi) The lengthening or repairing of wire rope by the joining of 2 or more lengths is prohibited.

(vii) The non-drum ends of the hoisting ropes shall be provided with individual shackle rods which will permit individual adjustment of rope lengths, if required.

(viii) More than 2 reverse bends in each rope is prohibited.

(21) "Rope tag data.”

(i) A metal data tag shall be securely attached to 1 of the wire rope fastenings. This data tag shall bear the following wire rope data:

(a) The diameter in inches.

(b) Construction classification.

(c) Whether non-preformed or preformed.

(d) The grade of material used.

(e) The manufacturer's rated breaking strength.

(f) Name of the manufacturer of the rope.

(g) The month and year the ropes were installed.

(22) "Electrical wiring and equipment.”

(i) All electrical equipment and wiring shall conform to the requirements of General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems," except as modified by ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. For detail design specifications for electrical equipment, see Part 2 of ANSI A120.1, 1970 edition.

(ii) All motors and operation and control equipment shall be supplied from a single power source.

(iii) The power supply for the powered platform shall be an independent circuit supplied through a fused disconnect switch.

(iv) Electrical conductor parts of the power supply system shall be protected against accidental contact.

(v) Electrical grounding shall be provided.

(a) Provision for electrical grounding shall be included with the power-supply system.

(b) Controller cabinets, motor frames, hoisting machines, the working platform, roof car and roof car track system, and noncurrent carrying parts of electrical equipment, where provided, shall be grounded.

(c) The controller, where used, shall be so designed and installed that a single ground or short circuit will not prevent both the normal and final stopping device from stopping the working platform.

(d) Means shall be provided on the roof car and working platform for grounding portable electric tools.

(e) The working platform shall be grounded through a grounding connection in a traveling cable. Electrically powered tools utilized on the working platform shall be grounded.

(vi) Electrical receptacles located on the roof or other exterior location shall be of a weatherproof type and shall be located so as not to be subject to contact with water or accumulated snow. The receptacles shall be grounded and the electric cable shall include a grounding conductor. The receptacle and plug shall be a type designed to avoid hazard to persons inserting or withdrawing the plug. Provision shall be made to prevent application of cable strain directly to the plug and receptacle.

(vii) Electric runway conductor systems shall be of the type designed for use in exterior locations and shall be located so as not to be subject to contact with water or accumulated snow. The conductors, collectors, and disconnecting means shall conform to the same requirements as those for cranes and hoists in General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems," as referenced in R 408.40509.

A grounded conductor shall parallel the power conductors and be so connected that it cannot be opened by the disconnecting means. The system shall be designed to avoid hazard to persons in the area.

(viii) Electrical protective devices and interlocks of the weatherproof type shall be provided.

(ix) Where the installation includes a roof car, electric contact or contacts shall be provided and so connected that the operating devices for the working platform shall be operative only when the roof car is located and mechanically retained at an established operating point.

(x) Where the powered platform includes a power-operated roof car, the operating device for the roof car shall be inoperative when the roof car is mechanically retained at an established operating point.

(xi) An electric contact shall be provided and so connected that it will cause the down direction relay for vertical travel to open if the tension in the traveling cable exceeds safe limits.

(xii) An automatic overload device shall be provided to cut off the electrical power to the circuit in all hoisting motors for travel in the up direction, should the load applied to the hoisting ropes at either end of the working platform exceed 125 percent of its normal tension with rated load, as shown on the manufacturer's data plate on the working platform.

(xiii) An automatic device shall be provided for each hoisting rope which will cut off the electrical power to the hoisting motor or motors in the down direction and apply the brakes if any hoisting rope becomes slack.

(xiv) Upper and lower directional limit devices shall be provided to prevent the travel of the working platform beyond the normal upper and lower limits of travel.

(xv) Operation of a directional limit device shall prevent further motion in the appropriate direction, if the normal limit of travel has been reached.

(xvi) Directional limit devices, if driven from the hoisting machine by chains, tapes, or cables, shall incorporate a device to disconnect the electric power from the hoisting machine and apply both the primary and secondary brakes in the event of failure of the driving means.

(xvii) Final terminal stopping devices of the working platform:

(a) Final terminal stopping devices for the working platform shall be provided as a secondary means of preventing the working platform from over-traveling at the terminals.

(b) The device shall be set to function as close to each terminal landing as practical, but in such a way that under normal operating conditions it will not function when the working platform is stopped by the normal terminal stopping device.

(c) Operation of the final terminal stopping device shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine, and applying both the primary and secondary brakes.

(d) The final terminal stopping device for the upper limit of travel shall be mounted so that it is operated directly by the motion of the working platform itself.

(xviii) Emergency stop switches shall be provided in or adjacent to each operating device.

(xix) Emergency stop switches shall comply with the following:

(a) Have red operating buttons or handles.

(b) Be conspicuously and permanently marked "Stop."

(c) Be the manually opened and manually closed type.

(d) Be positively opened with the opening not solely dependent on springs.

(xx) The manual operation of an emergency stop switch associated with an operating device for the working platform shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine and applying both the primary and secondary brakes.

(xxi) The manual operation of the emergency stop switch associated with the operating device for a power-driven roof car shall cause the electrical power to the traverse machine to be interrupted, and the traverse machine brake to apply.

(23) "Requirements for emergency communications.”

(i) Communication equipment shall be provided for each powered platform for use in an emergency.

(ii) Two-way communication shall be established between personnel on the roof and personnel on the stalled working platform before any emergency operation of the working platform is undertaken by personnel on the roof.

(iii) The equipment shall permit 2-way voice communication between the working platform and include the following:

(a) Designated personnel continuously available while the powered platform is in use; and (b) Designated personnel on roof-powered platforms, undertaking emergency operation of the working platform by means of the emergency operating device located near the hoisting machine.

(iv) The emergency communication equipment shall be either of the following types:

(a) Telephone connected to the central telephone exchange system.

(b) Telephones on a limited system or an approved 2-way radio system, provided designated personnel are available to receive a message during the time the powered platform is in use.

(D) "TYPE T POWERED PLATFORMS"

(1) "Roof car." The requirements of paragraphs (c)(1) to (5) of this appendix apply to Type T powered platforms.

(2) "Working platform." The requirements of paragraphs (c)(6) to (16) of this appendix apply to Type T powered platforms.

(i) The working platform shall be suspended by at least 2 wire ropes.

(ii) The maximum rated speed at which the working platform of self-powered platforms may be moved in a vertical direction shall not exceed 35 feet per minute.

(3) "Hoisting equipment." The requirements of paragraphs (c)(17) and (18) of this appendix shall apply to Type T powered platforms.

(4) "Brakes." Brakes requirements of paragraph (c)(19) of this appendix apply.

(5) "Hoisting ropes and rope connections.”

(i) Paragraph (c)(20)(i) to (vi) and (viii) of this appendix apply to type T powered platforms.

(ii) Adjustable shackle rods in subparagraph (c)(20)(vii) of this appendix shall apply to Type T powered platforms if the working platform is suspended by more than 2 wire ropes.

(6) "Electrical wiring and equipment.”

(i) The requirements of paragraph (c)(22)(i) to (vi) of this appendix apply to Type T powered platforms. "Circuit protection limitation," "powered platform electrical service system," all operating services and control equipment shall comply with the specifications contained in Part 2, section 26, of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509.

(ii) For electrical protective devices the requirements of paragraph (c)(22)(i) to (viii) of this appendix apply to Type T powered platforms. Requirements for the "circuit potential limitation" shall be in accordance with the specifications contained in Part 2, section 26, of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509.

(7) "Emergency communications." All the requirements of paragraph (c)(23) of this appendix apply to Type T powered platforms.

History

• History: 1992 AACS; 2008 AACS; 2016 AACS; 2018 AACS.

R 408.10601 to R 408.10697 Part 6. Fire Exits

Mich. Admin. Code R 408.10601 Scope {#sec-r-408.10601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 6. FIRE EXITS

GENERAL PROVISIONS

Rule 601. (1) These rules specify requirements for means of egress for employee use required by the advent of hazardous conditions such as fire, explosion, and natural disaster.

(2) These rules apply to workplaces in general industry except mobile workplaces such as vehicles or vessels.

(3) These rules cover the minimum requirements for exit routes that employers must provide in their workplace so that employees may evacuate the workplace safely during an emergency. These rules cover the minimum requirements for emergency action plans and fire prevention plans.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10602 Applicability {#sec-r-408.10602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10602}

Rule 602. (1) This part covers new and existing construction. In various sections of this part there are special provisions for existing buildings differing from those for new construction. Where there are no specific provisions in this part for existing buildings, the requirements for new construction shall apply.

(2) If a political subdivision of the state has fire safety standards in conflict with this part, the more restrictive provisions of either the political subdivision or this standard shall apply.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10603 Definitions; B to F {#sec-r-408.10603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10603}

Rule 603. (1) "Breakaway door" means a door that is designed to slide in normal operation and which will swing open in any position when a maximum pressure of 50 pounds is applied to the latch side of the door in an emergency.

(2) "Draw bolt" means a metal bar or rod in the mechanism of a lock that is thrown or withdrawn by turning the key or retracting a lever.

(3) “Electroluminescent” means a light-emitting capacitor. Alternating current excites phosphor atoms when placed between the electrically conductive surfaces to produce light. This light source is typically contained inside the device.

(4) "Fire area of a building" means that space contained within component structural parts that has a fire resistance sufficient to prevent the further spread of fire that originates therein.

(5) "Fire door" means a fire-resistive door assembly, including the frame and hardware.

(6) "Fire resistance" means the property of a material or assembly to withstand fire or give protection from it.

(7) "Flammable" means subject to easy ignition and rapid flaming combustion.

(8) "Floor area" or "gross area" means the floor area within the perimeter of the outside walls of a building, with no deductions for any of the following:

(a) Hallways.

(b) Stairs.

(c) Closets.

(d) Thickness of walls.

(e) Columns.

(f) Other features.

(9) "Flush bolt" means a door bolt that is designed so that when applied it is flush with the face or edge of the door.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10604 Definitions; H to M {#sec-r-408.10604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10604}

Rule 604. (1) "Hasp and staple" means a fastening device that consists of a slotted hinge plate and a loop (staple).

(2) "Hazardous area" means an area of a building, or portion thereof, used for purposes that involve highly combustible, highly flammable, or explosive products or materials which are likely to burn with extreme rapidity or which may produce poisonous fumes or gases, including highly toxic or noxious acids, alkalines, or irritant hazards; which cause the division of material into fine particles or dust subject to explosion or spontaneous combustion; or which constitute a high fire hazard because of the form, character, or volume of the material used.

(3) "Hazard of contents" means the relative danger of the start and spread of fire, the danger of smoke or gases generated, and the danger of explosion or other occurrence potentially endangering the lives and safety of employees in a building. Where certain features of a building are such as to involve a hazard greater than the hazard of the contents, the greater degree of hazard shall govern.

(4) “High hazard area” means an area inside a workplace in which operations include high hazard materials, processes, or contents.

(5) "High hazard contents" means combustibles of a character or quantity that burn with extreme rapidity or from which extremely poisonous fumes or explosions are to be expected in the case of fire.

(6) "Horizontal exit" means a way of passage from a building to an area of refuge in another building on approximately the same level or a way of passage through or around a fire-resistant wall or fire-resistant partition to an area of refuge on approximately the same level in the same building which affords safety from fire or smoke in the area of escape and areas communicating therewith.

(7) "Listed” means equipment that is listed if it is of a kind mentioned in a list that is published by a nationally recognized testing laboratory that makes periodic inspections of the production of such equipment and that states that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.

(8) "Low hazard contents" means combustibles of such low combustibility that selfpropagating fire cannot occur and that consequently the only probable danger will be from panic, fumes, smoke, or fire from some external source.

(9) "Means of egress” also known as an “exit route” means a continuous and unobstructed path of exit travel from any point within a workplace to a place of safety, including refuge areas. A means of egress includes both vertical and horizontal areas along the route of travel. A means of egress or an exit route consists of 3 separate parts and are defined as follows:

(a) "Exit access" means that portion of a means of egress or an exit route which leads to an exit. An example of an exit access is a corridor on the 5th floor of an office building that leads to a 2-hour fire resistance-rated enclosed stairway.

(b) "Exit" means that portion of a means of egress or an exit route that is separated from the area of a building from which escape is to be made by a wall, floor, door, or other means which provides the protected path necessary to proceed with reasonable safety to the exterior of the building. An example of an exit is a 2-hour fire resistancerated enclosed stairway that leads from the 5th floor of an office building to the outside of the building.

(c) "Exit discharge" means that portion of an exit route that leads directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside.

An example of an exit discharge is a door at the bottom of a 2-hour fire resistance-rated enclosed stairway that discharges to a place of safety outside the building.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10605 Definitions; N to S {#sec-r-408.10605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10605}

Rule 605. (1) “Nationally recognized testing laboratory." See 29 C.F.R. §1910.7 “Definition and requirements for a nationally recognized testing laboratory,” as adopted in R 408.10606, for the definition.

(2) "Noncombustible building" means a building that is constructed of materials that do not support fire.

(3) “Occupant load” means the total number of persons that may occupy a workplace or portion of a workplace at any one time. The occupant load of a workplace is calculated by dividing the gross floor area of the workplace or portion of the workplace by the occupant load factor for that particular type of workplace occupancy. Information regarding the "Occupant load" is located in NFPA 101 “Life Safety Code,” 2009 edition and in the “International Fire Code” 2009 edition, as adopted in R 408.10606.

(4) "Ordinary hazard contents" means combustibles that are liable to burn with moderate rapidity and to give off a considerable volume of smoke, but from which neither extremely poisonous fumes nor explosions are to be expected in case of fire.

(5) “Refuge area” means either of the following:

(a) A space along an exit route that is protected from the effects of fire by separation from other spaces within the building by a barrier with at least a 1-hour fire resistancerating.

(b) A floor with at least 2 spaces, separated from each other by smoke-resistant partitions, in a building protected throughout by an automatic sprinkler system that complies with General Industry Safety Standard Part 9 “Fixed Fire Equipment,” as referenced in R 408.10606.

(6) "Self-closing" means equipped with an approved device which will ensure closing without manual assistance after having been opened.

(7) "Sprinklered" means equipped with an approved automatic sprinkler system that is properly maintained.

(8) "Street" means a public thoroughfare that is 30 or more feet in width, that has been dedicated or deeded to the public for public use, and that is accessible for use by a fire department in fighting fires. An enclosed space or tunnel, even though used for vehicular and pedestrian traffic, is not considered a street.

(9) “Self-luminous” means a light source that is illuminated by a self-contained power source, like tritium, and that operates independently from external power sources.

Batteries are not acceptable self-contained power sources. The light source is typically contained inside the device.

(10) "Surface bolt" means a locking bolt that is installed on the surface of a door.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10606 Adoption of standards by reference; access to MIOSHA rules {#sec-r-408.10606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10606}

Rule 606. (1) The National Fire Protection Association NFPA 101 “Life Safety Code,” 2009 edition, is adopted by reference in these rules and is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at the following website: http://global.ihs.com, at a cost as of the time of adoption of these rules of $93.00.

(2) The “International Fire Code” 2009 edition, is adopted by reference in these rules and is available from International Code Council, 500 New Jersey Avenue, NW, 6 th floor, Washington, DC 20001, USA, telephone number: 1-800-786-4452, or via the internet at the following website: www.iccsafe.org, at a cost as of the time of adoption of these rules of $113.00.

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.7 “Definition and requirements for a nationally recognized testing laboratory,” as amended February 25, 2011.

(b) 29 CFR 1910.165 “Employee alarm systems,” as amended September 12, 1980.

(4) The federal regulations adopted by reference in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(5) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(7) The following Michigan Occupational Safety and Health Administration (MIOSHA) Standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 9. “Fixed Fire Equipment,” R 408.10901 to R 408. 10999.

History

• History: 1979 AC; 1990 AACS; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10607 Rescinded {#sec-r-408.10607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10607}

History

• History: 1954 ACS 62, Eff. May 18, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10608 Notification of emergency escape procedures and routes; designation of evacuation assistants {#sec-r-408.10608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10608}

Rule 608. (1) An employer shall assure that employees are informed of emergency escape procedures and emergency routes to approved means of egress.

(2) An employer shall designate a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.10610 Rescinded {#sec-r-408.10610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10610}

History

• History: 1954 ACS 69, Eff. Nov. 15, 1971; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10611 Design of buildings and structures {#sec-r-408.10611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10611}

Rule 611. (1) The danger to employees must be minimized.

(2) A building or structure designed for human occupancy shall be provided with exits, as prescribed in this part, that permit prompt escape in case of fire or other emergency.

(3) Exits and other safeguards shall be designed so that an employee's safety or preservation of life in case of fire or other emergency is not dependent solely on a single safeguard. Additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to human or mechanical failure.

(4) Exit routes shall be kept free of explosive or highly flammable furnishings or other decorations.

(5) A building or structure shall be constructed, arranged, equipped, maintained, and operated to avoid undue danger to the lives and safety of the employees from fire, smoke, fumes, or panic during the period of time necessary for escape from the building or structure.

(6) An employee alarm system must be operable. Employers shall install and maintain an operable employee alarm system that has a distinctive signal to warn employees of fire or other emergencies, unless employees can promptly see or smell a fire or other hazard in time to provide adequate warning to them. The employee alarm system must comply with General Industry Safety Standard Part 9 “Fixed Fire Equipment,” and 29 C.F.R. 1910.165 “Employee alarm systems” as adopted in R 408.10606.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10612 Occupancy of new buildings {#sec-r-408.10612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10612}

Rule 612. During new construction, employees shall not occupy a workplace until the exit routes required by these rules are completed and ready for employee use for the portion of the workplace they occupy.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10613 Occupancy and use during repairs and alterations {#sec-r-408.10613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10613}

Rule 613. (1) During repairs or alterations, employees shall not occupy a workplace unless the exit routes required by these rules are available and existing fire protections are maintained, or until alternate fire protection is furnished that provides an equivalent level of safety.

(2) Employees shall not be exposed to hazards of flammable or explosive substances or equipment used during construction, repairs, or alterations, that are beyond the normal permissible conditions in the workplace, or that would impede exiting the workplace.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10614 Operating condition of protective equipment {#sec-r-408.10614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10614}

Rule 614. A required exit, exit lighting, automatic sprinkler system, fire detection and alarm system, fire door, and other required items of fire protection shall be maintained in proper operating condition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10615 Rescinded {#sec-r-408.10615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10615}

History

• History: 1954 ACS 62, Eff. May 18, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10616 Rescinded {#sec-r-408.10616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10616}

History

• History: 1954 ACS 69, Eff. Nov. 15, 1971; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10617 Rescinded {#sec-r-408.10617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10617}

CLASSES OF OCCUPANCY AND HAZARD OF CONTENTS

History

• History: 1954 ACS 62, Eff. May 18, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10621 Classes of occupancy {#sec-r-408.10621 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10621}

Rule 621. A building or part thereof shall be classified as follows:

(a) A hotel, which includes a building, portion of a building, or group of buildings which is under the same management and in which there are more than 16 sleeping accommodations for hire that are primarily used by transients, whether designated as a hotel, apartment hotel, inn, club, or motel or by any other name.

(b) Mercantile occupancy, which includes a store, market, and other room or building for the display and sale of merchandise. Examples of this occupancy are as follows:

(i) Supermarkets.

(ii) Department stores.

(iii) Shopping centers.

(iv) Drugstores.

(v) Auction rooms.

(c) Business occupancy, which means a place used for the transaction of business, other than that covered under mercantile occupancy, for the keeping of accounts and records and for similar purposes. Examples of this occupancy are as follows:

(i) Doctors' and dentists' offices.

(ii) City and township halls.

(iii) Courthouses.

(iv) Libraries.

(v) Schools.

(d) An industrial occupancy, which includes a factory that makes products of all kinds and a property devoted to operations such as processing, assembling, mixing, packaging, finishing or decorating, repairing, and similar operations. Examples of this group are as follows:

(i) Laboratories.

(ii) Dry cleaning plants.

(iii) Power plants.

(iv) Pumping stations.

(v) Smokehouses.

(vi) Laundries.

(vii) Creameries.

(viii) Gas plants.

(ix) Refineries.

(x) Sawmills.

(e) A storage occupancy, which includes a building that is used primarily for the storage or sheltering of goods, merchandise, products, vehicles, or animals. Examples of this group are as follows:

(i) Warehouses.

(ii) Cold storage operations.

(iii) Freight terminals.

(iv) Truck and marine terminals.

(v) Bulk oil storage.

(vi) Parking garages.

(vii) Hangars.

(viii) Grain elevators.

(ix) Barns.

(x) Stables.

(f) Miscellaneous occupancies, which means those buildings covered in the provisions of R 408.10691 to R 408.10697.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10622 Multiple and partial occupancies {#sec-r-408.10622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10622}

Rule 622. (1) If 2 or more classes of occupancy occur in the same building so intermingled that separate safeguards are impracticable, the safeguard facilities shall be sufficient to meet the requirements for each individual area or section, as well as for the entire building.

(2) If a minor portion of a building is used for any purpose incidental to the major occupancy and the minor occupancy does not incur any hazard to the remainder of the building, it shall be classified as part of the major occupancy.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10623 Employee emergency action plans {#sec-r-408.10623 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10623}

Rule 623. (1) An employer shall have an emergency action plan whenever required by a particular Michigan occupational safety and health act standard. The requirements in these rules apply to each such emergency action plan.

(2) An emergency action plan shall be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.

(3) An emergency action plan shall include at a minimum all of the following:

(a) Procedures for reporting a fire or other emergency.

(b) Procedures for emergency evacuation, including type of evacuation and exit route assignments.

(c) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate.

(d) Procedures to account for all employees after evacuation.

(e) Procedures to be followed by employees performing rescue or medical duties.

(f) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

(4) An employer shall establish an employee alarm system that is in compliance with the provisions of General Industry Safety Standard Part 9 “Fixed Fire Equipment,” and 29 C.F.R. 1910.165 “Employee alarm systems” as adopted in R 408.10606. If the employee alarm system is used for alerting fire brigade members or for other purposes, a distinctive signal for each purpose shall be used.

(5) An employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances.

(6) Before implementing the emergency action plan, an employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.

(7) The employer shall review the plan, at the following times, with each employee to whom the plan applies:

(a) When the plan is developed.

(b) If an employee's responsibilities or designated actions under the plan change.

(c) If the plan is changed.

(8) An employer shall review, with each employee, upon initial assignment, those parts of the plan that the employee must know to protect the employee in an emergency.

History

• History: 1993 AACS; 2015 AACS.

Mich. Admin. Code R 408.10624 Fire prevention plans {#sec-r-408.10624 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10624}

Rule 624. (1) An employer shall have a fire prevention plan whenever they are required by a particular Michigan occupational safety and health act standard. The requirements in these rules apply to each such fire prevention plan.

(2) A fire prevention plan must be in writing, be kept in the workplace, and be made available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.

(3) An employer shall control the accumulations of flammable and combustible waste materials and residues so that they do not contribute to a fire emergency. The control procedures shall be included in the written fire prevention plan.

(4) An employer shall inform employees of the fire hazards of the materials and processes to which they are exposed.

(5) An employer shall review, with each employee, upon initial assignment, those parts of the fire prevention plan that the employee must know to protect the employee in an emergency.

(6) An employer shall regularly and properly maintain, according to established procedures, equipment and systems that are installed on heat-producing equipment to prevent the accidental ignition of combustible materials. The maintenance procedures shall be included in the written fire prevention plan.

(7) Minimum elements of a fire prevention plan shall include all of the following information:

(a) A list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard.

(b) Procedures to control accumulations of flammable and combustible waste materials.

(c) Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials.

(d) The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires.

(e) The name or job title of employees responsible for the control of fuel source hazards.

History

• History: 1993 AACS; 2015 AACS.

Mich. Admin. Code R 408.10625 Rescinded {#sec-r-408.10625 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10625}

History

• History: 1954 ACS 62, Eff. May 18, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10626 Rescinded {#sec-r-408.10626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10626}

History

• History: 1954 ACS 62, Eff. May 18, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.10627 Compliance with alternate exit-route codes {#sec-r-408.10627 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10627}

Rule 627. MIOSHA shall deem an employer demonstrating compliance with the exit-route provisions of the NFPA 101 “Life Safety Code,” 2009 edition or the exit-route provisions of the “International Fire Code” 2009 edition, as adopted in R 408.10606, to be in compliance with the corresponding requirements in these rules.

MEANS OF EGRESS

History

• History: 2015 AACS.

Mich. Admin. Code R 408.10631 Construction, maintenance, and changes {#sec-r-408.10631 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10631}

Rule 631. (1) The components of a means of egress including doors, stairs, ramps, passages, and signs shall be of substantial construction and shall be maintained in an operable condition.

(2) An exit shall be not less than 28 inches (71.1 cm) wide at all points, except where specifically permitted elsewhere in this part. Where there is only 1 exit access leading to an exit or exit discharge, the width of the exit and exit discharge shall be at least equal to the width of the exit access.

(3) The ceiling of an exit route shall be at least 7 feet 6 inches (2.3 m) high. Any projection from the ceiling shall not reach a point less than 6 feet 8 inches (2.0 m) from the floor.

(4) The width of an exit route shall be sufficient to accommodate the maximum permitted occupant load of each floor served by the exit route.

(5) Objects that project into the exit route shall not reduce the width of the exit route to less than the minimum width requirements for exit routes.

(6) Exit routes must be kept free of explosive or highly flammable furnishings or other decorations.

(7) A space formed with movable or folding partitions and occupied by more than 20 persons shall have an approved means of egress.

(8) An alteration, addition, or change of occupancy that would reduce means of egress below the requirements for a new building is prohibited.

(9) Furnishings and decorations of an explosive or highly flammable character shall not be used in any occupancy.

(10) Where fire retardant paints or solutions are used, they shall be renewed, as necessary to maintain their fire retardant properties.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10632 Obstructions {#sec-r-408.10632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10632}

Rule 632. (1) An employer shall ensure that exit routes are free and unobstructed.

No materials or equipment may be placed, either permanently or temporarily, within the exit route. The exit access must not go through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, nor may it lead into a dead-end corridor.

Stairs or a ramp must be provided where the exit route is not substantially level.

(2) A lock, fastening device, or barrier must not be installed or used on a means of egress in a manner that will prevent or hinder free escape from the inside of a building.

(3) Exit route doors must be free of any device or alarm that could restrict emergency use of the exit route if the device or alarm fails.

(4) Devices such as turnstiles and gates must not be placed so as to obstruct a means of egress.

(5) Combustible or flammable debris, waste, or other material, the burning of which would render hazardous egress from the building must not be placed, stored, or kept on, under, at the bottom of, or adjacent to a means of egress or elevator. Where a means of egress is being obstructed by the placement of movable objects, aisles must be marked, and railings or permanent barriers provided to protect the means of egress against encroachment.

(6) Each exit route door must be free of decorations or signs that obscure the visibility of the exit route door. A mirror must not be placed on an exit door or be placed in or adjacent to an exit in a manner to confuse the direction of exit.

History

• History: 1979 AC; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10633 Permissible exits and exit components {#sec-r-408.10633 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10633}

Rule 633. (1) Approved exits for all occupancies regulated by this part shall be restricted to the following permissible types: doors, inside or outside stairs, horizontal exits, ramps, escalators, and fire escapes for existing occupancies.

(2) An exit shall consist only of approved components. An exit shall be constructed as an integral part of the building or permanently affixed thereto.

(3) Stairs, landings, and other exit components shall be guarded against falls over open edges, and guards and handrails shall continue the full length of the guarded exit component.

(4) An exit protected by separation from other parts of the building shall have the separating construction meet the following:

(a) The separation shall have not less than a 1-hour fire-resistance rating when the exit connects 3 stories or less. This applies whether the stories connected are above or below the story at which the exit discharge is located.

(b) The separation shall have not less than a 2-hour fire-resistance rating when the exit connects 4 or more stories, whether above or below the floor of discharge.

(c) An opening into an exit must be protected by a self-closing fire door that remains closed or automatically closes in an emergency upon the sounding of a fire alarm or employee alarm system.

(d) An opening in an exit enclosure shall be confined to that which is necessary for access to the enclosure from a normally occupied space and for egress from the enclosure.

(5) Each exit route shall be a permanent part of the workplace.

(6) Each fire door, including its frame and hardware, shall be listed or approved by a nationally recognized testing laboratory. For the definition of a "nationally recognized testing laboratory, see 29 C.F.R. §1910.7 “Definition and requirements for a nationally recognized testing laboratory,” as adopted in R 408.10606.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10634 Number of exits {#sec-r-408.10634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10634}

Rule 634. (1) An employer shall ensure that there are an adequate number of exit routes.

(2) Where the contents of a building are classified as high hazard, there shall be not less than 2 exits which are accessible in different directions. All doors shall swing in the direction of exit travel. Where floor areas are divided into rooms, there shall be not less than 2 ways of escape from every room, however small, except for toilet rooms that are not located in areas of high hazard classification.

(3) The exit routes shall be located as far away as practical from each other so that if 1 exit route is blocked by fire or smoke, employees can evacuate using the second exit route.

(4) At least 2 exit routes shall be available in a workplace to permit prompt evacuation of employees and other building occupants during an emergency, except as allowed in subrule (6) of this rule.

(5) More than 2 exit routes shall be available in a workplace if the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would not be able to evacuate safely during an emergency.

(6) A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would be able to evacuate safely during an emergency.

Note: For assistance in determining the number of exit routes necessary for your workplace, consult NFPA 101 “Life Safety Code,” 2009 edition or “International Fire Code” 2009 edition, as adopted in R 408.10606.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10635 Travel distance to exits {#sec-r-408.10635 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10635}

Rule 635. (1) The total number of exits in a building shall be sufficient so that the maximum travel distance from any occupied space to at least 1 exit shall not exceed the limits specified in R 408.10636.

(2) The distance to an exit shall be measured along the center line of the natural and unobstructed path of travel.

(3) In case of an open area, the distance to an exit shall be measured from the most remote point subject to occupancy. In case of an individual room subject to occupancy by not more than 6 persons, distance to an exit shall be measured from the doors of such room if the path of travel from any point in the room to the door does not exceed 50 feet.

(4) Where an open stairway is part of a path of travel to a required exit, the distance shall include the travel on the stairway, and the travel from the end of the stairway to reach an outside door or other exit, in addition to the distance to reach the stairway.

(5) Where any part of an outside stair or other outside exit is within 15 feet horizontal distance of an unprotected building opening, the distance to an exit shall include the length of travel, to ground level, on the exit itself.

(6) Exits and exit access shall be so arranged that there are no dead-end pockets or hallways whose depths exceed the limits specified for the individual occupancies in table 1.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10636 Maximum travel distance to exits {#sec-r-408.10636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10636}

Rule. 636. Table 1 reads as follows:

TABLE 1

Type of occupancy Maximum travel distance to exits (in feet)

Dead-end limits (in feet)

Unsprinkler ed Sprinklered Mercantile, ordinary hazard 150 250 50 Mercantile, high hazard 75 75 0 Business 200 300 50 Industrial 200 250 50 Industrial, high hazard 0 75 0 Storage, low and ordinary hazard 200 400 100 Storage, high hazard 75 100 0 Hotels 100 200 50 Note: For miscellaneous structures, See R 408.10691 to R 408.10697

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10637 Rescinded {#sec-r-408.10637 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10637}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10638 Rescinded {#sec-r-408.10638 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10638}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10639 Capacity as affected by population {#sec-r-408.10639 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10639}

Rule 639. (1) The capacity of a means of egress from a building, floor, balcony, tier, or other occupied space shall be sufficient for the population thereof. The population for industrial and storage occupancies shall be based on the maximum number of employees or persons that may be in the space at any time as determined by actual count. All other types of occupancies shall be not less than the number computed in accordance with the provisions of table 2.

(2) Mercantile occupancy in a single-story, noncombustible building with an approved, fully equipped automatic sprinkler system that is in compliance with General Industry Safety Standard Part 9 “Fixed Fire Equipment,” as referenced in R 408.10606, may increase the square footage requirement in table 2 by 100%.

(3) The population of an occupancy shall be limited to the existing exit capacity of a building or space.

(4) Where an exit serves more than 1 floor, only the population of each floor considered individually need be used in computing the capacity of the exit at that level, if the exit capacity is not decreased in the direction of exit travel. Where a means of egress from floors above and below converge at an intermediate level, the capacity of the exit from the point of convergency shall be not less than the combined capacity of the converging exits.

(5) Table 2 reads as follows:

TABLE 2

Type of occupancy Square feet per person Mercantile, street floor or sales basement Mercantile, other floors 60 Mercantile, office 100 Mercantile, storage 300 Business 100 Hotel 200 Industrial 100 Note: The computed population of an occupancy is obtained by dividing the total floor area of a building, floor, or fire area by the indicated square feet per person. Total floor area means the floor area within the perimeter of the outside walls of a building, with no deductions for any of the following:

(a) Hallways.

(b) Stairs.

(c) Closets.

(d) Thickness of walls.

(e) Columns.

(f) Other features.

(6) The capacity of an exit route shall be adequate. Information regarding the "Occupant load" is located in NFPA 101 “Life Safety Code,” 2009 edition and in the “International Fire Code” 2009 edition, as adopted in R 408.10606.

(7) Exit routes shall support the maximum permitted occupant load for each floor served.

(8) The capacity of an exit route shall not decrease in the direction of exit route travel to the exit discharge.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10641 Exit access and discharge {#sec-r-408.10641 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10641}

Rule 641. (1) An exit access must not be through a room subject to locking.

(2) An exit access must be so arranged that it will not be necessary to travel through any area of high hazard occupancy to reach the nearest exit.

(3) The minimum width of an exit access must be at least equal to the required width of the exit to which it leads, but not less than 34 inches. The headroom clearance must be not less than 6 feet 8 inches from the floor.

(4) An exit discharge must discharge directly outside or to a street, walkway, refuge area, public way, or to a yard, court, or other open space with access to the outside.

(5) Stairs and other exits must be arranged to make clear the direction of egress to the street. Where an exit stairs continues beyond the floor of discharge, it must be interrupted at the floor of discharge by a partition, door, or other effective means.

(6) Exit access by the way of an exterior balcony, porch, gallery, or roof must be in compliance with all of the following:

(a) Be kept free from accumulations of snow and ice.

(b) Be a permanent direct route without obstructions, such as railings, gates, barriers, or other objects, that might divide the space into sections or rooms. Furniture or other movable objects must not block the path of travel.

(c) Have no dead ends in excess of 20 feet.

(d) Comply with this standard as to requirements for width and arrangement.

(7) The street, walkway, refuge area, public way, or open space to which an exit discharge leads must be large enough to accommodate the building occupants likely to use the exit route.

(8) An exit door must be unlocked.

(9) An outdoor exit route is permitted.

(10) The outdoor exit route must have all of the following:

(a) Guardrails to protect unenclosed sides if a fall hazard exists.

(b) Be covered if snow or ice is likely to accumulate along the route, unless the employer can demonstrate that any snow or ice accumulation will be removed before it presents a slipping hazard.

(c) Be reasonably straight and have smooth, solid, substantially level walkways.

(d) Not have a dead-end that is longer than 20 feet (6.2 m).

(11) An exit access must be so arranged that employees will not have to travel toward a high hazard area, unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.

DOORS AND STAIRS

History

• History: 1979 AC; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10643 Doors; general provisions {#sec-r-408.10643 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10643}

Rule 643. (1) A door assembly, including the doorway, frame, door, and necessary hardware, may be used as a component in a means of egress when it conforms to the requirements of this part. As such, the assembly is designated as an exit door.

(2) A single leaf of an exit door shall be not less than 28 inches nor more than 48 inches in width.

(3) Where a door or gate opens directly on a stairway, a platform shall be provided, and the swing of the door or gate shall not reduce the floor area leading to the stairs to a width less than 20 inches.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10644 Door swing {#sec-r-408.10644 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10644}

Rule 644. (1) A side-hinged exit door shall be used. The force required to fully open any door in the means of egress shall not be more than 5 pounds applied to the latch side of the door. The door shall swing with exit travel when serving an area of high hazard occupancy or a building, floor, or area with a population of more than 50 persons.

(2) If 1 or more approved exits are provided and the travel distance requires additional exits, a mechanically aided sliding door may be used to exit to the outside of a building constructed before May 15, 1970, under the following conditions:

(a) The occupancy shall be classified as a low or ordinary storage hazard or an ordinary mercantile hazard.

(b) The mechanical aid to the door shall allow the door to be opened quickly and easily by 1 person.

(c) The mechanical aid of the door shall not be rendered inoperative by fire or the lack of maintenance.

(3) An exit door that gives access to a stairway shall swing in the direction of exit travel, shall not block stairs or landings during its swing, and shall not interfere with the full use of the stairway when open.

(4) An exit door at the foot of stairs from upper floors or at the head of stairs from basements shall swing with exit travel.

(5) A screen door or storm door that is part of a required exit shall not swing against the direction of exit travel in any case where doors are required to swing with exit travel.

(6) A side-hinged door shall be used to connect any room to an exit route.

(7) The door that connects any room to an exit route shall swing out in the direction of exit travel if the room is designed to be occupied by more than 50 people or if the room is a high hazard area; for example, it contains contents that are likely to burn with extreme rapidity or explode.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10645 Locks, fastening devices, and closing mechanism {#sec-r-408.10645 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10645}

Rule 645. (1) Employees shall be able to open an exit route door from the inside at all times without keys, tools, or special knowledge. A device such as a panic bar that locks only from the outside is permitted on exit discharge doors.

(2) A latch or other fastening device on an exit door shall be provided with a knob, handle, panic bar, or other simple type of releasing device. Slide bolts, hasps, hooks and eyes, and similar types of locking devices that are difficult to open against door pressure shall not be installed or used.

(3) A fire door to a stair enclosure or horizontal exit shall be provided with a reliable self-closing mechanism and shall not, at any time, be secured in the open position.

(4) An exit route door may be locked from the inside only in mental, penal, or correctional facilities and then only if supervisory personnel are continuously on duty and the employer has a plan to remove occupants from the facility during an emergency.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10646 Power operated doors {#sec-r-408.10646 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10646}

Rule 646. An exit door, wholly or partly power operated, shall be so designed that in case of power failure it can be manually operated. A power operated door shall not be counted as a required exit unless it swings with the exit travel.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10647 Revolving doors {#sec-r-408.10647 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10647}

Rule 647. (1) A revolving door shall be considered an approved exit door only if all of the following conditions are satisfied:

(a) The door shall be installed before the prohibition listed in subrule (2) of this rule.

(b) The number of revolving doors used as exit doors shall not be more than the number of swinging doors used as exit doors within 20 feet thereof.

(c) A revolving door without an adjacent swinging door may serve as an exit for a street floor elevator lobby if no stairway or door from other parts of the building discharges through the lobby and the lobby has no occupancy other than as a means of travel between elevators and the street.

(d) A revolving door shall be equipped with means to prevent its rotation at more than 12 1/2 revolutions per minute.

(e) A revolving door shall not be used at the foot of stairs from upper floors or at the head of stairs from the basement or other lower floors.

(f) A revolving door credited as an exit door shall have a rated capacity of 1/2 unit of exit width.

(2) A revolving door that is installed after June 15, 1990, shall not be considered an approved exit door.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10651 Stairs {#sec-r-408.10651 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10651}

Rule 651. (1) Stairs serving as a required exit shall comply with the requirements of this part as to construction specifications and details, and of table 3.

**** INSERT MISSING TABLE OR CHART - SEE ORIGINAL

MANUSCRIPT ****

(2) A variation in the width of tread or height of risers in any flight shall not exceed 3/16 inch.

(3) A stair and a platform or landing used in connection therewith, in a building 4 stories or more in height, shall be of noncombustible construction throughout, except for handrails.

(4) A stair, platform, landing, balcony, and stair hallway floor shall be designed to carry a load of 100 pounds per square foot, or a concentrated load of 300 pounds so located as to produce maximum stress conditions.

(5) Where the material of stair treads and landings is such as to involve danger of slipping, nonslip material shall be provided on the tread surface.

(6) Stairways and intermediate landings shall continue with no decrease in width along the direction of exit travel.

(7) Monumental stairs, either inside or outside, may be accepted as required exits if all requirements for exit stairs are complied with, except that curved stairs may be accepted with a radius of 25 feet or more at the inner edges.

HORIZONTAL EXITS, RAMPS, AND ESCALATORS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10661 Horizontal exits {#sec-r-408.10661 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10661}

Rule 661. (1) A fire area or area of refuge with a horizontal exit shall have, in addition to the horizontal exit or exits, at least 1 means of egress leading to the outside, or have access to an adjacent fire area containing an outside means of egress.

(2) Where either side of a horizontal exit is occupied, the doors used in connection with the horizontal exit shall be unlocked.

(3) The floor area on either side of a horizontal exit shall be sufficient to hold the occupants of both floor areas allowing not less than 3 square feet clear floor area per person.

(4) Where a horizontal exit serves areas on both sides of a wall, there shall be adjacent openings with swinging doors at each, opening in opposite directions, with signs on each side of the wall or partition indicating as the exit door which swings with the travel from that side; or other approved arrangements providing doors always swinging with any possible exit travel.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10664 Ramps {#sec-r-408.10664 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10664}

Rule 664. (1) A ramp may be a component in a means of egress when it conforms to the requirements of this part. A ramp which is constructed after June 15, 1990, and which is less than the minimum measurements prescribed in this rule shall not be considered as an approved part of a means of egress.

(2) A ramp and the platforms and landings associated therewith shall be designed for not less than 100 pounds per square foot live load.

(3) The slope of a ramp shall not vary between landings. A landing shall be level and the changes in direction of travel, if any, shall be made only at landings.

(4) A ramp in a building that is more than 3 stories in height shall be made of noncombustible construction. A ramp floor and landings shall be solid and without perforations.

(5) A ramp shall have a nonslip surface.

(6) A ramp shall have a minimum width of 44 inches and a maximum slope of 1 inch in 12 inches.

History

• History: 1979 AC; 1990 AACS; 2015 AACS.

Mich. Admin. Code R 408.10667 Escalators {#sec-r-408.10667 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10667}

Rule 667. An escalator, to be considered a component of means of egress, shall be fully enclosed above the ground floor and equipped with fire doors containing fusible links to protect the escalator area against the passage of flame, smoke, and gases in the event of fire. An escalator being operated in the direction contrary to normal exit travel shall not be considered a means of egress.

FIRE ESCAPES

History

• History: 1979 AC.

Mich. Admin. Code R 408.10671 Fire escape stairs {#sec-r-408.10671 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10671}

Rule 671. (1) Fire escape stairs may be used as a required exit only in existing buildings. Fire escape stairs shall not constitute more than 50% of the required exit capacity. Fire escape stairs shall not constitute any part of the required exits for a new building.

(2) Fire escape stair dimensions shall be in accordance with table 4.

TABLE 4

Minimum Width 22 inches clear between rails Minimum horizontal dimension of a landing or platform 22 inches Maximum rise 9 inches Minimum tread, exclusive of nosing 9 inches Spiral winders Not permitted Maximum height between landings 12 feet (3) Fire escape stairs shall have walls or approved guards, and handrails on both sides.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10672 Stair construction and load {#sec-r-408.10672 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10672}

Rule 672. (1) Iron, steel, concrete, or other approved noncombustible material shall be used for the construction of fire escape stairs, balconies, railings, and other features appurtenant thereto.

(2) Balconies and stairs shall be designed to carry a load of 100 pounds per square foot, or a concentrated load of 300 pounds so located as to produce maximum stress conditions.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10673 Exposure to fire escape stairs {#sec-r-408.10673 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10673}

Rule 673. Fire escape stairs shall be so arranged that they will be subject to exposure by the smallest possible number of window and door openings. Every opening, any portion of which is within the following limits, shall be completely protected by approved fire doors or metal frame wired glass windows, as follows:

(a) A horizontal opening if within 15 feet of a balcony, platform or stairway constituting a part of the escape proper. This does not apply to a platform or walkway leading from the same floor to the escape proper. Protection need not extend around a right angle corner (outside angle 270 degrees) of the building.

(b) An opening below if within 3 stories or 36 feet of a balcony, platform, walkway or stairway constituting a part of the escape proper, or within 2 stories or 24 feet of a platform or walkway leading from any story to the escape proper.

(c) An opening above if within 10 feet of a balcony, platform or walkway, as measured vertically, or from any stair treads, as measured vertically from the face of the outside riser.

(d) An opening on a top story. Protection for wall openings is not required where stairs do not lead to the roof.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10674 Access to fire escape stairs {#sec-r-408.10674 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10674}

Rule 674. (1) Access to fire escape stairs shall be by doors or casement windows whose minimum dimensions are 24 inches by 6 feet 6 inches, or by double hung windows 30 by 36 inches clear opening. Double hung windows shall be so counterbalanced and maintained that they can be readily opened.

(2) Insert screens, if any, on any type of opening giving access to fire escape stairs shall be of types that may be readily opened or pushed out. Storm sash shall not be used on a window providing access to fire escape stairs.

(3) Access to fire escape stairs through windows with sills more than 12 inches above the inside floor level shall be provided with permanent access steps leading to the access window. The outside balcony shall not be more than 18 inches below the sill.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10675 Swinging stairs {#sec-r-408.10675 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10675}

Rule 675. (1) A swinging stair section shall not be used for a fire escape stairs, except where termination is over a sidewalk, alley, or driveway.

(2) A swinging stair section shall not be located over doors, over the path of travel from another exit, nor be in any location where there are obstructions.

(3) The width of a swinging stair section shall be at least equal to that of the stairs above and the pitch shall not be steeper than that of the stairs above.

(4) A counterweight shall be provided for a swinging stair section and this shall be of the type balancing about a pivot, no cables being used. Counter-balancing shall be such that a weight of 150 pounds 1 step from pivot will not start swinging section, and a weight of 150 pounds, 1/4 of the length of the swinging stairs from the pivot, will positively cause the stairs to swing down.

(5) A latch or other device shall not be installed or used to lock a swinging stair section in the up position.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10677 Ladders {#sec-r-408.10677 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10677}

Rule 677. No form of ladder shall be used as a fire escape except that a ladder conforming to General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10606, may be used to provide a means of escape from a boiler room, storage elevator, or tower, as permitted for special miscellaneous occupancies, elevated platforms around machinery, or similar spaces subject to routine simultaneous occupancy by not more than 3 persons.

History

• History: 1979 AC; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10679 Rescinded {#sec-r-408.10679 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10679}

ILLUMINATION AND MARKING

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.10680 Lighting {#sec-r-408.10680 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10680}

Rule 680. (1) Lighting and marking shall be adequate and appropriate.

(2) Each exit route shall be adequately lighted so that an employee with normal vision can see along the exit route.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.10681 Artificial lighting {#sec-r-408.10681 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10681}

Rule 681. (1) A means of egress shall be illuminated by artificial lighting at places and for periods of time required to maintain the illumination to values not less than 1.0 footcandles measured at the floor. Illumination shall be so arranged that the failure of any single lighting unit, such as the burning out of an electric bulb, will not leave the area in darkness.

(2) Artificial lighting shall be from a source of reasonable reliability, such as a public utility service. A battery operated electric light or any type of portable lamp or lantern shall not be used for primary exit illumination. Luminescent, fluorescent, or reflective material shall not be used as a substitute for required illumination.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10682 Emergency illumination {#sec-r-408.10682 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10682}

Rule 682. In a building with natural lighting subject to occupancy by more than 300 persons, and in a building for which no natural lighting is provided and subject to occupancy by more than 100 persons, approved emergency lighting facilities shall be provided for a means of egress so arranged that required exit illumination will be maintained for a period of at least 1/2 hour in the event of failure of normal lighting of the building. Emergency lighting facilities shall be automatic, and there shall be no appreciable period of interruption during the change-over from the normal lighting of the building.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10685 Signs {#sec-r-408.10685 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10685}

Rule 685. (1) A means of egress to an exit not immediately apparent from any point in an occupancy shall be marked by directional signs. Additionally, the line-of-sight to an exit sign shall be clearly visible at all times.

(2) A door, passage, or stairway, which is neither an exit nor an exit access, and which is so located or arranged as to be likely mistaken for an exit, shall be identified by a sign reading "NOT AN EXIT" or similar designation, or be identified by a sign indicating its actual use or character.

(3) A sign shall designate an exit and shall be located and be of such size and color and design as to be readily visible and identifiable from the distance of travel for that particular occupancy.

(4) Each exit must be clearly visible and marked by a sign reading "EXIT."

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10686 Sign illumination and letter size {#sec-r-408.10686 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10686}

Rule 686. (1) An exit sign shall be illuminated to a surface value of at least 5 footcandles (54 lux) by a reliable light source and be distinctive in color. Self-luminous or electroluminescent signs that have a minimum luminance surface value of at least .06 foot lamberts (0.21 cd/m ) are permitted.

(2) An exit sign shall have the word "EXIT" in plainly legible letters not less than 6 inches (15.2 cm) high, with the principal strokes of the letters in the word "EXIT" not less than 3/4 of an inch (1.9 cm) wide.

(3) An internally illuminated exit sign shall be provided where the reduction of normal illumination is permitted and less than 5 footcandles would appear on the exit sign.

MISCELLANEOUS OCCUPANCIES

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.10691 Vehicles {#sec-r-408.10691 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10691}

Rule 691. A house trailer or similar vehicle, railroad car, street car, truck, or bus from which the wheels have been removed and a permanent-type foundation provided, or otherwise fixed so that it is no longer mobile, is considered a building and is subject to the requirements of this part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10692 Vessels {#sec-r-408.10692 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10692}

Rule 692. A ship, barge, or other vessel permanently moored or aground and occupied for purposes other than navigation is subject to the requirements of this part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10693 Open buildings {#sec-r-408.10693 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10693}

Rule 693. An open building includes all operations conducted in the open air where equipment is in the open with platforms used for necessary access, sometimes with roofs or canopies to provide shelter, but without walls as distinguished from an enclosed building. An open building shall have exit facilities providing at least 1 means of escape from any point subject to employee occupancy, such means of escape affording safety from fire or smoke therefrom, explosion or release of fumes.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10694 Aircraft hangars {#sec-r-408.10694 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10694}

Rule 694. (1) An exit from an aircraft storage or servicing area shall be provided at intervals of not more than 150 feet on all exterior walls of the aircraft hangar. A minimum of 2 exits shall serve each aircraft storage or servicing area. Horizontal exits through interior walls shall be provided at intervals of not more than 100 feet. Dwarf or "smash" doors in doors accommodating aircraft may be used to comply with these requirements.

(2) An exit from a mezzanine floor in an aircraft storage or servicing area shall be so arranged that the maximum travel to reach the nearest exit from any point on the mezzanine shall not exceed 75 feet.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10695 Storage elevators for combustible commodities {#sec-r-408.10695 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10695}

Rule 695. (1) In a storage elevator for combustible commodities there must be at least 1 stairway from the basement to the first floor and from the first floor to the top floor of the working house that is enclosed in a dust-tight, non-combustible shaft.

(2) A non-combustible door of the self-closing type must be provided at each floor landing.

(3) An exterior stair or basket ladder-type fire escape, must be provided from the roof of the working house to ground level or to the roof of an adjoining annex with access from all floors above the first, in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10606.

(4) An exterior stair or basket ladder-type fire escape, must be provided from the roof of each storage annex to ground level, in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10606.

(5) A fire escape ladder must be provided adjacent to a manlift for the up and down sides.

(6) A storage elevator must have an opening that leads to a fire escape ladder from each floor or work level.

(7) Storage elevators for combustible commodities that exist before April 30, 1974, do not need to comply with the provisions of subrules (1) and (2) of this rule.

History

• History: 1979 AC; 1990 AACS; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10696 Towers {#sec-r-408.10696 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10696}

Rule 696. (1) A tower occupied for purposes such as observation or signaling, either an independent structure or on top of a building, shall be permitted with a single stairway or ramp exit if all of the following conditions are met:

(a) The tower is of such size as not to be subject to occupancy by more than 25 persons on any 1 floor level.

(b) The tower is subject only to occupancy by persons capable of descending the stairway and is not used for living or sleeping purposes.

(c) The construction is fire-resistive, non-combustible, or heavy timber, with no quick-burning interior finish. There must be no combustible materials in, under, or in the immediate vicinity of the tower, except as necessary to perform the requirements of occupancy.

(2) Stairs must conform to the requirements of this standard, except that for existing towers fire escape type stairs may be used in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10606.

(3) A tower, such as a forest fire observation tower and a railroad signal tower designed for occupancy by not more than 3 persons employed therein, need not be constructed of fire-resistive, non-combustible material and may be served by ladders instead of stairs in compliance with General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” as referenced in R 408.10606.

History

• History: 1979 AC; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.10697 Piers and water-surrounded buildings {#sec-r-408.10697 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10697}

Rule 697. (1) A pier used for any purpose other than for mooring of vessels and handling of cargo shall be provided with a means of egress from any building thereon to the pier and from the pier to the mainland appropriate to the character of the occupancy of the pier.

(2) A building, such as a lighthouse, surrounded by water shall have a sufficient area of ground, as on an island or fire-resistive platform, to provide an adequate area of refuge from a fire in the building.

History

• History: 1979 AC.

R 408.10701 to R 408.10765 Part 7. Guards for Power Transmissions

Mich. Admin. Code R 408.10701 Scope {#sec-r-408.10701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 7. GUARDS FOR POWER TRANSMISSION

Rule 701. This part applies to all equipment used in the transmission of power, excluding the point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10702 Referenced standard {#sec-r-408.10702 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10702}

Rule 702. The Michigan Occupational Safety and Health Administration (MIOSHA) standard General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.10703 Definitions; B to G {#sec-r-408.10703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10703}

Rule 703. (1) "Belt" includes any power transmission belt, including, but not limited to, a flat belt, round belt, and V-belt, overhead chain and link belt. It does not include a conveyor belt.

(2) "Belt pole" means a device used in shifting belts on and off fixed pulleys on a line or countershaft if there are no loose pulleys.

(3) "Belt shifter" means a device for mechanically shifting belts from tight to loose idler pulleys or vice versa, or for shifting belts on cones of speed pulleys.

(4) "Exposed to contact" means that the location of an object is such that a person might come into contact with it and be injured.

(5) "Flywheel" includes a balance wheel and a flywheel pulley mounted and revolving on the crankshaft of an engine or other shafting.

(6) "Gears" means a set or train of wheels or parts that engages another part as by meshing teeth.

(7) "Guarded" or "enclosed" means that an object is covered, fenced, or surrounded so that it is not exposed to contact.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10704 Definitions; H to V {#sec-r-408.10704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10704}

Rule 704. (1) "Horizontal belt" means a belt running within a 60 degree angle from horizontal.

(2) "Maintenance runway" means a permanent runway or platform used for oiling, maintenance, running adjustment, or repair work, but not for a passageway.

(3) "Nip-point belt and pulley guard" means a device which encloses a pulley and is provided with rounded or rolled edge slots through which the belt passes.

(4) "Point of operation" means that point at which cutting, shaping, or forming by a machine is accomplished upon stock and other points that may offer a hazard to the operator in inserting or manipulating stock in the operation of the machine.

(5) "Securely fastened" means that the safety device or object referred to shall be so secured in place that it cannot be moved under normal or reasonably foreseen conditions or circumstances.

(6) "Vertical belt" means a belt running within a 30 degree angle from vertical.

POWER TRANSMISSION EQUIPMENT

History

• History: 1979 AC.

Mich. Admin. Code R 408.10711 Flywheels {#sec-r-408.10711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10711}

Rule 711. An employer shall ensure that any part of a flywheel 7 feet or less above the floor or platform is guarded in 1 of the following ways:

(a) Enclosed by a guard pursuant to R 408.10751 to R 408.10754.

(b) With guardrail systems placed not less than 15, nor more than 20, inches from the rim of the flywheel in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702.

(c) The upper rim of a flywheel protruding through a working floor is enclosed or surrounded by a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702.

(d) A flywheel with a smooth rim 5 feet or less in diameter may be guarded pursuant to R 408.10756.

History

• History: 1979 AC; 1982 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.10712 Cranks and connecting rods {#sec-r-408.10712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10712}

Rule 712. A crank and a connecting rod, if exposed to contact, must be guarded pursuant to R 408.10751 to R 408.10754 or by a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702.

History

• History: 1979 AC; 1982 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.10713 Tail rods and extension piston rods {#sec-r-408.10713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10713}

Rule 713. Tail rods and extension piston rods exposed to contact must be guarded pursuant to R 408.10751 to R 408.10754 or by a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702, which allows a clearance of not less than 15, nor more than 20, inches from the fully extended tail rod or extension piston rod.

History

• History: 1979 AC; 1982 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.10714 Rescinded {#sec-r-408.10714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10714}

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10715 Discharge or exhaust pipes {#sec-r-408.10715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10715}

Rule 715. The discharge of an exhaust pipe or boiler blowoff, if exposed to contact, shall be guarded pursuant to R 408.10751 to R 408.10754.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10716 Revolving and reciprocating parts {#sec-r-408.10716 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10716}

Rule 716. A revolving or reciprocating part, if exposed to contact, shall be guarded pursuant to R 408.10751 to R 408.10754.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10721 Shafts {#sec-r-408.10721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10721}

Rule 721. (1) A continuous line of shafting shall be secured in position against endwise movement.

(2) An inclined or vertical shaft will be held in position against endwise trust.

(3) A project shaft end, if exposed to contact, shall be made flush or guarded pursuant to R 408.10751 to R 408.10754.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10722 Shafting {#sec-r-408.10722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10722}

Rule 722. (1) Shafting exposed to contact 7 feet or less above a floor or platform level shall be guarded pursuant to R 408.10751 to R 408.10754.

(2) Horizontal shafting extending over a driveway shall be guarded with a trough guard unless it is located 15 feet or more above the driveway or is a part of an overhead traveling crane.

(3) Horizontal transmission shafting exposed to contact under benches shall be guarded in 1 of the following ways:

(a) Be completely enclosed.

(b) Be guarded by a trough guard. The sides of the trough shall come to the underside of the table or, if the shafting is located near a floor, to the floor.

(c) Be guarded on exposed sides with a rigid shield guard extending from the underside of the bench top to 2 inches below the line of shafting.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10723 Rescinded {#sec-r-408.10723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10723}

History

• History: 1979 AC.

Mich. Admin. Code R 408.10725 Pulley guards and guides {#sec-r-408.10725 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10725}

Rule 725. (1) A pulley and a pulley part exposed to contact 7 feet or less from the floor or platform shall be guarded pursuant to R 408.10751 to R 408.10754.

(2) If the distance from a pulley to the nearest fixed pulley, clutch, or hanger is less than the width of the belt used, a guide shall be provided to prevent the belt from leaving the pulley.

(3) If there is an overhanging pulley on a line, jack, or countershaft with no bearing between the pulley and the outer end of the shaft, a guide to prevent the belt from running off the pulley shall be provided.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10726 Pulley condition and operation {#sec-r-408.10726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10726}

Rule 726. (1) A pulley with a defect, including, but not limited to, a crack or a piece broken out, shall not be used.

(2) A pulley subject to active corrosive conditions shall be of corrosionresisting material.

(3) A pulley permanently out of service shall not be allowed to remain on shafting which is in use, unless enclosed with a guard pursuant to R 408.10751 to R 408.10754.

(4) A pulley shall not be operated at more than its designed rim speed.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10727 Belts {#sec-r-408.10727 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10727}

Rule 727. (1) A belt and pulley that is 7 feet or less above the floor or platform and that is exposed to contact must be guarded pursuant to R 408.10751 to R 408.10754. In a power plant or power-development room, a guardrail system may be used in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702.

(2) A horizontal belt more than 7 feet above the floor or platform must be guarded for its entire length if located over a passageway or work place pursuant to R 408.10753 and figure 2 contained in subrule (5) of this rule.

(3) A passageway between horizontal belts must have a lower run guarded by a platform that is provided with a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.10702, and the upper run guarded pursuant to subrule (2) of this rule.

(4) A vertical or inclined belt running over a lower pulley more than 7 feet above the floor or platform and located over a passageway or work place must be guarded pursuant to subrule (2) of this rule.

(5) Figure 2 reads as follows:

FIGURE 2

History

• History: 1979 AC; 1982 AACS; 2016 AACS; 2019 AACS.

Mich. Admin. Code R 408.10728 Rescinded {#sec-r-408.10728 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10728}

History

• History: 1979 AC.

Mich. Admin. Code R 408.10729 Cone pulley belts {#sec-r-408.10729 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10729}

Rule 729. (1) A cone belt and pulley shall be equipped with a belt shifter so constructed as to adequately guard the nip-point of the belt and pulley. If the frame of the belt shifter does not adequately guard the nip-point of the belt and pulley, the nippoint shall be further protected by means of a guard which extends at least to the top of the largest step of the cone.

(2) If the belt is of the endless type or laced with rawhide laces, and a belt shifter is not desired, the belt will be considered guarded if the nip-point of the belt and pulley is protected by a nip-point guard which extends at least to the top of the largest step of the cone, and formed to show the contour of the cone in order to give the nip-point of the belt and pulley the maximum protection.

(3) If the cone is located less than 3 feet from the floor or working platform, the cone pulley and belt shall be guarded to a height of 3 feet regardless of whether the belt is endless or laced with rawhide.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10730 Belt tighteners and counterweights {#sec-r-408.10730 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10730}

Rule 730. (1) A suspended counterbalanced belt tightener and its parts shall be provided with a safety cable or device to prevent the tightener from being exposed to contact if the belt breaks or they shall be guarded pursuant to R 408.10751 to R 408.10754.

(2) A suspended counterweight exposed to contact or a part of a counterweight which could subject an employee to injury shall be guarded pursuant to R 408.10751 to R 408.10754 or shall be provided with a safety cable or device to prevent a fall.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10731 Gears, sprockets, and chain drives {#sec-r-408.10731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10731}

Rule 731. (1) Gears, sprockets, and chain drives exposed to contact shall be guarded pursuant to R 408.10751 to R 408.10754. This does not apply to handoperated gear sprockets and chain drives used to adjust machine parts which do not move after hand power is removed.

(2) Protection against falling chain or metal belts shall be provided pursuant to R 408.10751 to R 408.10754 where drives extend over a work area or passageway.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10732 Openings for oiling {#sec-r-408.10732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10732}

Rule 732. If frequent oiling is necessary, openings with hinged or sliding selfclosing covers shall be provided. Points not readily accessible shall have remote lubricating means if the lubricant is to be added while machinery is in motion and the oiler would be exposed to contact.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10734 Friction drives {#sec-r-408.10734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10734}

Rule 734. The driving points and moving parts of friction drives, if exposed to contact, shall be guarded pursuant to R 408.10751 to R 408.10754.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10736 Projections {#sec-r-408.10736 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10736}

Rule 736. Projecting keys, set screws, and other projections in revolving parts exposed to contact shall be removed, made flush, or guarded. This does not apply to keys or set screws within gear or sprocket casings or other enclosures, nor to keys, set screws, or oil cups in hubs of pulleys less than 20 inches in diameter if they are within the plane of the rim of the pulley.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10738 Rescinded {#sec-r-408.10738 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10738}

STARTING AND STOPPING DEVICES

History

• History: 1979 AC.

Mich. Admin. Code R 408.10741 Clutches {#sec-r-408.10741 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10741}

Rule 741. (1) A clutch, cut-off coupling, or clutch pulley having any projecting parts exposed to contact shall be enclosed by a stationary guard constructed pursuant to R 408.10751 to R 408.10754.

(2) On a line shaft the shifting part of a jaw clutch and the shifting or mechanism part of a friction clutch coupling shall be attached to the driven shaft.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10743 Belt shifters {#sec-r-408.10743 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10743}

Rule 743. (1) A tight pulley and a loose pulley shall be equipped with a permanent belt shifter provided with mechanical means to prevent the belt from creeping from the loose to the tight pulley.

(2) A belt shifter and clutch handle shall be rounded and be located to prevent being exposed to contact, but within easy reach of the operator.If an overhead belt shifter is not directly located over a machine or bench, the handles shall be cut off 7 feet above floor level.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10744 Belt poles, perches, and fasteners {#sec-r-408.10744 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10744}

Rule 744. (1) If loose pulleys or idlers are not practicable, belt perches in the form of brackets and rollers shall be used to keep idle belts away from the shafts.

(2) Belts shifted by hand shall be glued or fastened with leather lacing.

GUARD DESIGN AND CONSTRUCTION

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10751 Design {#sec-r-408.10751 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10751}

Rule 751. (1) The design of a guard shall take into consideration:

(a) The nature of protection required of the guard.

(b) The possibility of guard failure.

(c) The amount of maintenance required on the guard.

(2) In a place where it is necessary to change belts, make adjustments, or apply oil or grease, a guard may have hinged sections or be of a removable design. A guard shall be closed or replaced after servicing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10752 Construction {#sec-r-408.10752 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10752}

Rule 752. A guard shall be practicable, durable, and effective, and it shall not introduce a new hazard, including, but not limited to, burrs and sharp edges.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10753 Materials {#sec-r-408.10753 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10753}

Rule 753.(1) Wood guards may be used if the presence of fumes or if manufacturing conditions cause rapid deterioration of metal guards, in construction work, and in locations outdoors if extreme cold or extreme heat makes metal guards and railings undesirable.

(2) Material sizes and clearances shall be pursuant to table A. See Figure 2, and Appendices A and B.

(3) Table A reads as follows:

TABLE A

STANDARD MATERIALS AND DIMENSIONS FOR MACHINERY GUARDS

Size and Clearance of Filler Materials Material Clearance From Moving Part At All Points (Inches)

Largest Mesh or Opening Allowable B (Inches)

Minimum Gauge (U.S.

Standard)

Or Thickness Woven Wire Under 2 2-4 4-15 3/8 1/2 No. 16-1/8 In.

No. 16-1/2 No. 12-2 Expanded Metal Under 4 4-15 1/2 No. 18-1/2 In.

No. 13-2 Perforated Metal Under 4 4-15 1/2 No. 20-1/2 In.

No. 14-2 Sheet Metal Under 4 4-15 - - - No. 22 No. 22 Wood Or Metal Strips Crossed } Under 4 4-15 1/2 } 3/4 In.

Wood Or No. 16 Metal Wood Or Metal Strips Not Crossed } Under 4 4-15 1/2 The Width One Width Plywood, Plastic Or Equivalent Under 4 4-15 - - - 1/4 In. 1/4 In.

Standard Railing Min. 15 Max. 20 - - - - - -

History

• History: 1979 AC; 1982 AACS; 2016 AACS.

Mich. Admin. Code R 408.10754 Frames {#sec-r-408.10754 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10754}

Rule 754. (1) If a guard has a frame, the material shall be securely fastened to it.

(2) The minimum dimensions of materials in the frame of a guard shall be of sufficient strength and rigidity to hold the filler material fastened to it and to give the guard sufficient strength and rigidity in order to provide the desired protection.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10756 Disk guards {#sec-r-408.10756 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10756}

Rule 756. A disk guard shall be made of materials specified in table A of R 408.10753 and fastened securely to spokes of pulleys, flywheels, or gears. If a possibility of contact with sharp edges of the disk exists, the edge shall be rolled.

Lock nuts or washers shall be placed on the unexposed side of the wheel.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10757 Rescinded {#sec-r-408.10757 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10757}

POWER DISCONNECTS AND LOCK-OUTS

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.10761 Rescinded {#sec-r-408.10761 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10761}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.10763 Rescinded {#sec-r-408.10763 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10763}

R 408.10765. Inspection and care of equipment; clothing for oilers.

Rule 765. (1) All power-transmission equipment shall be inspected at intervals not exceeding 60 days and be kept in good working condition at all times.

(2) Shafting shall be kept in alignment, free from rust and excess oil or grease.

(3) Where explosives, explosive dusts, flammable vapors, or flammable liquids exist, the hazard of static sparks from shafting shall be carefully considered.

(4) Bearings shall be kept in alignment and properly adjusted.

(5) Hangers shall be inspected to make certain that all supporting bolts and screws are tight and that supports of hangers boxes are adjusted properly.

(6) Pulleys shall be kept in proper alignment to prevent belts from running off.

(7) Inspection shall be made of belts, lacings, and fasteners, and such equipment shall be kept in good repair.

History

• History: 1979 AC; 1982 AACS; 2013 AACS.
• History: 1979 AC; 2013 AACS.

R 408.10801 to R 408.10839 Part 8. Portable Fire Extinguishers

Mich. Admin. Code R 408.10801 Scope, application, adoption, and availability of standards {#sec-r-408.10801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10801}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 8. PORTABLE FIRE EXTINGUISHERS

Rule 801. (1) The rules apply to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. 29 CFR 1910.157(d) does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. Where extinguishers are provided but are not intended for employee use and the employer has an emergency action plan and a fire prevention plan that meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39, respectively, then only the requirements of 29 CFR 1910.157(e) and (f) apply. The provisions of this part are the minimum requirements for portable fire extinguishers. A specific rule may be set forth in other general industry safety standards where, due to process hazards, additional portable fire extinguishers may be required.

Exemptions. Where the employer has established and implemented a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal and which includes an emergency action plan and a fire prevention plan which meets the requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, and when extinguishers are not available in the workplace, the employer is exempt from all requirements of this section unless a specific General Industry Safety and Health standard requires that a portable fire extinguisher be provided. Where the employer has an emergency action plan meeting the requirements of 29 CFR 1910.38, which designates certain employees to be the only employees authorized to use the available portable fire extinguishers, and which requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is exempt from the distribution requirements in 29 CFR 1910.157(d).

(2) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.155(c), “Definitions applicable to this subpart,” as amended April 12, 1998, are adopted by reference in these rules, except for the following:

(a) Section 1910.155(c)(1).

(b) Section 1910.155(c)(5).

(c) Section 1910.155(c)(6).

(d) Section 1910.155(c)(15).

(e) Section 1910.155(c)(16).

(f) Section 1910.155(c)(17).

(g) Section 1910.155(c)(18).

(h) Section 1910.155(c)(19).

(i) Section 1910.155(c)(20).

(j) Section 1910.155(c)(22).

(k) Section 1910.155(c)(25).

(l) Section 1910.155(c)(28).

(m) Section 1910.155(c)(29).

(n) Section 1910.155(c)(30).

(o) Section 1910.155(c)(32).

(p) Section 1910.155(c)(33).

(q) Section 1910.155(c)(34).

(r) Section 1910.155(c)(35).

(s) Section 1910.155(c)(36).

(t) Section 1910.155(c)(37).

(u) Section 1910.155(c)(39)(iv).

(v) Section 1910.155(c)(40).

(w) Section 1910.155(c)(42).

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.157, “Portable fire extinguishers,” as amended November 7, 2002, are adopted by reference in these rules:

(a) A reference to 29 CFR 1910.38 means General Industry Safety Standard Part 6.

“Fire Exits.”

(b) A reference to 29 CFR 1910.39 means General Industry Safety Standard Part 6.

“Fire Exits.”

(c) A reference to 29 CFR 1910.158 means General Industry Safety Standard Part 9.

“Fixed Fire Equipment.”

(d) A reference to 29 CFR 1910.159 means General Industry Safety Standard Part 9. “Fixed Fire Equipment.”

(4) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(5) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(6) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, Michigan Occupational Safety and Health Administration (MIOSHA), Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(7) The following MIOSHA standards are referenced in these rules:

(a) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.

(b) General Industry Safety Standards Part 9. “Fixed Fire Equipment,” R 408.10901 to R 408.10999.

(8) Up to 5 copies of the standards listed in subrule (2) of this rule may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 1979 AC; 1984 AACS; 2013 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10803 Definitions; C to E {#sec-r-408.10803 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10803}

Rule 803. (1) "Class "K" fire" means a fire in cooking appliances that involve combustible vegetable or animal oils and fats.

(2) "Extinguisher" means a portable fire extinguisher that is carried or on wheels and operated by hand.

History

• History: 1979 AC; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10804 Rescinded {#sec-r-408.10804 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10804}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10805 Rescinded {#sec-r-408.10805 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10805}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10807 Rescinded {#sec-r-408.10807 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10807}

History

• History: 2006 AACS; 2013 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10808 Rescinded {#sec-r-408.10808 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10808}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10811 Rescinded {#sec-r-408.10811 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10811}

History

• History: 1979 AC; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10812 Rescinded {#sec-r-408.10812 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10812}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10813 Rescinded {#sec-r-408.10813 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10813}

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10814 Rescinded {#sec-r-408.10814 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10814}

History

• History: 1979 AC; 1980 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10821 Rescinded {#sec-r-408.10821 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10821}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10822 Rescinded {#sec-r-408.10822 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10822}

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10823 Rescinded {#sec-r-408.10823 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10823}

History

• History: 1979 AC; 1980 AACS; 2013 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10824 Rescinded {#sec-r-408.10824 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10824}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10825 Rescinded {#sec-r-408.10825 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10825}

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10826 Class "K" extinguishers {#sec-r-408.10826 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10826}

Rule 826. (1) A class “K” extinguisher shall be provided for hazards where there is a potential for fires involving combustible vegetable or animal oils and fats.

(2) A placard shall be conspicuously placed near the extinguisher that states that the fire protection system shall be activated before using the fire extinguisher.

(3) A class "K" extinguisher shall be maintained within 30 feet, 9.15 meters from the hazards.

INSTALLATION, INSPECTION, TESTING, AND MAINTENANCE

History

• History: 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10831 Location {#sec-r-408.10831 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10831}

Rule 831. In a location where a visual obstruction cannot be avoided, a sign, color symbol, or other means shall be used to indicate the extinguisher’s location.

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10833 Installation {#sec-r-408.10833 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10833}

Rule 833. (1) An extinguisher shall be installed securely on a hanger, in a bracket, or mounted in a cabinet unless it is wheeled type or cart mounted. A means shall be used to indicate the location of an extinguisher mounted in a cabinet or on a shelf. The extinguisher shall be placed so that the operating instructions face outward.

(2) An extinguisher having a gross weight of not more than 40 pounds shall be installed so that the top is not more than 5 feet above the floor. An extinguisher having a gross weight of more than 40 pounds, except a wheeled type or cart mounted extinguisher, shall be installed so that the top is not more than 3 1/2 feet above the floor.

An extinguisher, except a wheeled type or cart mounted extinguisher, shall be installed so that the bottom is not less than 4 inches from the floor.

History

• History: 1979 AC; 1980 AACS; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10835 Rescinded {#sec-r-408.10835 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10835}

History

• History: 1979 AC; 1984 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10836 Rescinded {#sec-r-408.10836 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10836}

History

• History: 1979 AC; 1980 AACS; 1984 AACS; 2006 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10837 Recharging {#sec-r-408.10837 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10837}

Rule 837. An employer maintaining their own extinguisher shall use recharging materials of the class specified on the extinguisher nameplate or recommended by the manufacturer for recharging.

History

• History: 1979 AC; 2024 MR 2, Eff. Feb. 2, 2024.

Mich. Admin. Code R 408.10839 Rescinded {#sec-r-408.10839 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10839}

History

• History: 1979 AC; 1984 AACS; 2024 MR 2, Eff. Feb. 2, 2024.

R 408.10901 to R 408.10999 Part 9. Fixed Fire Equipment

Mich. Admin. Code R 408.10901 Scope {#sec-r-408.10901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 9. FIXED FIRE EQUIPMENT

Rule 901. This part sets forth general rules which apply to the installation, use, maintenance, and testing of fixed fire extinguishing systems in, around, or about a place of employment as required by provisions of other standards.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10902 Definitions; A to C {#sec-r-408.10902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10902}

Rule 902. (1) "Automatic sprinkler system" means a network of specially sized piping to which sprinklers are connected and systematically spaced. The system is activated by heat to discharge water over a fire starting at any point. This system is connected to a water supply through a controlling valve and a device for activating an alarm when the system is operating.

(2) "Carbon dioxide extinguishing system" means a system of pipes or hoses, nozzles, a triggering device and a pressurized container of carbon dioxide. The gas dilutes the oxygen or gaseous fuel, thus stopping the combustion chain reaction.

(3) "Class A fire" means a fire that has, as its fuel, ordinary combustible material, such as wood, cloth, paper, rubber, and many plastics.

(4) "Class B fire" means a fire that has, as its fuel, flammable liquids, gases, or greases.

(5) "Class C fire" means a fire that involves energized electrical equipment where the nonconductivity of the extinguishing agent is necessary to prevent shock.

The fuel consumed by a class C fire will be classed as A, B, or D.

(6) "Class D fire" means a fire that involves the oxidation reaction of combustible metals, such as magnesium, titanium, zirconium, sodium, or potassium.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10903 Definitions; D to F {#sec-r-408.10903 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10903}

Rule 903. (1) "Dry chemical extinguishing system" means a system of pipes or hoses, nozzles, an actuating device, an expellant gas and a container holding a dry chemical. When activated, the expellant gas carries the dry chemical in suspension to stop the combustion chain reaction.

(2) "Dry chemical" means an agent, capable of extinguishing a fire, composed of very small particles, such as sodium bicarbonate, potassium bicarbonate, or monoammonium phosphate, with added particulate material supplemented by special treatment to prevent caking and providing flowability.

(3) "Dry pipe system" means an automatic sprinkler system employing compressed air or other nonflammable gases in the system instead of water. When a sprinkler opens, relieving the air pressure, water pressure opens a dry pipe valve filling the system with water. This system is normally used where piping is exposed to freezing temperatures.

(4) "Fire pump" or "booster pump" means a water pump used to supply water from a suction supply at a specific pressure and volume to a sprinkler or standpipe system.

(5) "Fixed fire equipment" means a fire extinguishing system which is permanently mounted and portions of those systems which may be portable, such as a hose and nozzle attached to a fixed supply of extinguishing agent.

(6) "Flammable liquid" means any liquid having a flashpoint below 100 degrees Fahrenheit.

(7) "Flammable material" means that material which ignites easily, burns intensely, or has a rapid rate of flame spread.

(8) "Foam-water spray system" means a special system, pipe-connected to a source of foam concentrate and to a water supply, equipped with appropriate devices for extinguishing agent discharge and distribution over the area or equipment to be protected.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10905 Definitions; H to P {#sec-r-408.10905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10905}

Rule 905. (1) "Halogenated extinguishing system" means a fixed system of pipes or hoses, nozzles, an actuating device and a container containing a halogenated agent under pressure. The agent inhibits the chemical reaction of fuel and oxygen, thus stopping the combustion chain reaction.

(2) "High expansion foam system" means a system of flooding an area with an aggregation of bubbles mechanically generated by the passage of air or gas through a net or screen which is wetted by a solution of foaming agents and generated as a foam in a ratio of 100 to 1000 to 1.

(3) "Local fire alarm system" means a system of boxes or devices which will manually or automatically activate a visual or audible alarm, or both, to alert an employee.

(4) "Predischarge or discharge alarm" means an audible or visual device interconnected with an extinguishing system and a detecting actuating device.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10907 Definitions; S to W {#sec-r-408.10907 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10907}

Rule 907. (1) "Sprinkler" or "sprinkler head" means a device which is installed in a sprinkler system and controls the direction and area of coverage of an extinguishing agent.

(2) "Standpipe and hose system" means a water pipe and a hose used where the building height or character requires an immediate means of obtaining a fire stream.

(3) "Water flow alarm" means a device so constructed and installed that any flow of water from a sprinkler system, equal to or greater than that from a single sprinkler, will result in an audible alarm signal on the premises.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10911 Employer's responsibility {#sec-r-408.10911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10911}

Rule 911. (1) An employer shall be responsible for the maintenance of the fixed fire equipment system in the area occupied or controlled by him.

(2) An employer shall furnish training to an employee before assignment to perform maintenance on a fixed fire equipment system.

(3) An employer shall have the design of the fixed fire equipment system reevaluated whenever the occupancy changes or fire hazards increase.

(4) An employer shall keep a record of the 3 most recent tests and inspections, but in no case shall it cover less than a 12-month period.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10912 Employee's responsibility {#sec-r-408.10912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10912}

Rule 912. An employee shall not perform maintenance or make inspections on fixed fire equipment unless he has been trained for the type of equipment to be maintained or inspected and has been authorized to do so.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10913 Notification {#sec-r-408.10913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10913}

Rule 913. Whenever fire equipment is closed or removed from service, the following shall be accomplished:

(a) The plant manager or a designated representative shall be notified.

(b) The balance of the system shall be kept operable.

(c) After alterations or repairs, the system shall be tested and resealed in operable condition where required, and those persons in subdivision (a) advised.

R 408.10914. Requirements.

Rule 914. (1) A fixed fire equipment system, as listed in R 408.10921 and R 408.10941 to R 408.10976, shall be installed for all of the following:

(a) All areas inside a building where flammable liquids are mixed, dispensed or applied, or used for washing or quenching, except either of the following:

(i) A dip tank holding less than 150 gallons, having less than 4 square feet of liquid surface or both.

(ii) As dispensed from an approved safety container of 5 gallons or less.

(b) Other areas where the quantities of flammables are likely to burn rapidly and injure a nearby employee. Such a system shall be classed according to table 1. Other equivalent systems may be used, if such systems meet standards or tests of the department of licensing and regulatory affairs and are installed and maintained in accordance with nationally recognized requirements.

(2) Where a fixed fire equipment system is required or is installed and in use, it shall be installed and maintained as prescribed in R 408.10916 to R 408.10984.

(3) Except as prescribed in R 408.10971, a fixed fire equipment system containing an active agent or propellant whose thermal decomposition product of products have a level of vapor toxicity equal to or greater than any of the materials listed in table 2 shall not be used, installed for use, or allowed to remain installed for use where an employee would be exposed to the agent or propellant.

TABLE 1

HAZARD

EXTINGUISHER AGENT TYPE

AND CONTENTS

CLASS A

FIRE FOAM, MULTI-PURPOSE

DRY CHEMICAL, HALOGENATED

AGENTS, WATER.

CLASS B

FIRE

CARBON DIOXIDE, DRY

CHEMICAL, FOAM, WATER,

MULTILPURPOSE DRY

CHEMICAL, HALOGENATED

AGENTS SUCH AS HALON 1301.

CLASS C

FIRE

CARBON DIOXIDE, DRY

CHEMICAL, MULTI-PURPOSE

DRY CHEMICAL, WATER MIST,

HALOGENATED AGENTS.

CLASS D

FIRE

EXTINGUISHING AGENT LISTED

FOR USE ON A SPECIFIC

COMBUSTIBLE METAL HAZARD.

TABLE 2

1. Carbon tetrachloride, CCL 2. Chlorobromomethane, CH Br CL 3. Azeotropic chlormethane, CM 4. Didbromodifluoromethane, CBr F 5. 1, 2-dibromo-2 chloro-1, 1, 2-trifluorothane, Cbr F CBrCLf 6. 1, 2-dibromo-2, 2-difluorothane, CH BrCBrF 7. Methyl bromide, CH Br 8. Ethylene dibromide, CH BrCH Br 9. Hydrogen bromide, HRr 10. Methylene bromide, CH Br 11. Bromodifluromethane, CHBrF

History

• History: 1979 AC; 1984 AACS.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.10916 Gravity, suction, and pressure tanks {#sec-r-408.10916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10916}

Rule 916. (1) A gravity or suction water tank shall be maintained at the full water level designed for fire protection purposes.

(2) The water and air in a pressure water tank shall be maintained at the designed levels and pressures.

(3) The water in a gravity, suction, or pressure tank and risers shall be maintained above freezing temperature. Where a heater is used, the water temperatures shall be not more than 60 degrees Fahrenheit.

(4) A steel water tank shall be inspected not less than every 3 years for deterioration and, when necessary, repairs made.

(5) A wooden water tank shall be inspected not less than every 2 years for deterioration and, when necessary, repairs made.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10917 Fire pumps {#sec-r-408.10917 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10917}

Rule 917. (1) A fire pump shall be operated not less than once a month as follows:

(a) A steam fire pump operated until water is discharged freely from the relief valve.

(b) A centrifugal pump operated at rated speed.

(c) If power is provided by an internal combustion engine, the engine shall be run for not less than 30 minutes to bring it up to normal operating temperature.

(d) An automatically controlled pump tested manually shall have not less than 1 start each month accomplished by reducing the pressure in the water pressure sensing line or with a larger flow from the entire system.

(2) A fire pump shall be maintained in a room above freezing temperature.

(3) A fire pump shall be used for fire protection only.

(4) A fire pump shall be tested to rated capacity not less than once a year.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10919 Existing fixed fire extinguishing systems {#sec-r-408.10919 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10919}

Rule 919. An existing fixed fire extinguishing system installed or that portion modified after August 17, 1974, shall be in compliance with the applicable general industry safety standards that were in effect at the time of installation or modification.

History

• History: 1984 AACS.

Mich. Admin. Code R 408.10920 New fixed fire extinguishing systems {#sec-r-408.10920 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10920}

Rule 920. A new fixed fire extinguishing system installed or that portion modified shall meet the applicable rules of this part.

AUTOMATIC SPRINKLER SYSTEMS

History

• History: 1984 AACS.

Mich. Admin. Code R 408.10921 Installation and maintenance {#sec-r-408.10921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10921}

Rule 921. An automatic sprinkler system installed or that portion of a system modified after December 31, 1983, shall be installed and maintained as prescribed in N.F.P.A. standard #13-1980, "Installation of Sprinkler Systems," as adopted by reference in R 408.10999(a).

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10923 Inspection and maintenance of dry systems {#sec-r-408.10923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10923}

Rule 923. A dry pipe system shall:

(a) Have the system pressure checked not less than once a week and replenished, when necessary.

(b) Have a means of maintaining the temperature of the dry pipe valve above freezing.

(c) Have all low drain points drained and free of water during freezing temperatures.

(d) Maintain the priming water at the designed level.

(e) Give the dry pipe valve a working test, cleaning, and resetting not less than once a year.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10924 Clearance to sprinkler deflectors {#sec-r-408.10924 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10924}

Rule 924. The clearances between a ceiling type sprinkler deflector and the top of a stock pile shall be:

(a) Thirty-six inches where the top of solid piled stock is more than 15 feet high or is more than 12 feet in rack or palletized storage.

(b) Eighteen inches for all other piling.

R 408.10925. Inspection and maintenance.

Rule 925. (1) A sprinkler shall not be painted or coated except by the sprinkler manufacturer. Excepted are petroleum jelly or paper bag coverings, which shall not interfere with the normal functioning of the sprinkler.

(2) An automatic sprinkler shall be replaced with a new sprinkler after it is installed 50 years or shows evidence of corrosion, leakage, or damage.

(3) A sprinkler wrench shall be used for installing and removing a sprinkler.

(4) A broken or loose pipe hanger shall be replaced or refastened.

(5) The employer shall perform a main drain flow test on each system annually. The inspectors test valve shall be opened not less than every 2 years to assure the system operates properly.

History

• History: 1979 AC.
• History: 1979 AC; 1984 AACS; 2013 AACS.

Mich. Admin. Code R 408.10926 Supplies {#sec-r-408.10926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10926}

Rule 926. (1) A stock of extra sprinklers shall be maintained or readily available for each temperature rating and type so that the system can be returned to readiness as soon as possible.

(2) An automatic sprinkler system of more than 20 sprinklers shall have at least 1 automatic water supply capable of providing design water flow for not less than 30 minutes.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10927 Outside open sprinkler equipment {#sec-r-408.10927 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10927}

Rule 927. Outside open sprinkler equipment shall be tested during warm weather not less than once a year.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10928 Sprinkler alarms {#sec-r-408.10928 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10928}

Rule 928. An automatic sprinkler system having more than 20 sprinklers shall have a water flow alarm which sounds an audible signal on the premises upon water flow through the system equal to the flow from a single sprinkler.

STANDPIPE AND HOSE SYSTEMS

History

• History: 1984 AACS.

Mich. Admin. Code R 408.10931 Installation and maintenance {#sec-r-408.10931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10931}

Rule 931. (1) A standpipe and hose system installed or that portion of a system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #14-1980, "Standpipe and Hose Systems," as adopted by reference in R 408.10999(b).

(2) Subrule (1) of this rule does not apply to a class 1 standpipe system.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10933 Location {#sec-r-408.10933 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10933}

Rule 933. A standpipe shall be located so as to be unobstructed, readily accessible, and so guarded that it is protected against mechanical damage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10934 Hose and hose connections {#sec-r-408.10934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10934}

Rule 934. (1) Where a hose outlet is provided for use of employees, the hose length shall not exceed 100 feet of approved 1 1/2 inch lined hose attached to the outlet.

Unlined hose may remain in use on existing systems provided it is serviceable.

Replacement shall be with approved lined hose. In extreme conditions or climates where damage or deterioration may result, the hose may be stored in another location provided it is readily available to be connected.

(2) Hose and hose outlets shall be within easy reach of a person standing on a floor, unobstructed and conspicuously marked.

(3) Hose outlets shall be standardized having threads or adapters with threads conforming to those used by the organized public fire department.

(4) A shut-off type nozzle shall be provided, except where unlined hose is still approved. Nozzles shall be of an approved type and have a discharge coefficient not exceeding 110 psi (7.5 bars).

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10935 Hose rack or reel {#sec-r-408.10935 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10935}

Rule 935. A hose rack or reel shall be provided for fire hose at each hose station and the hose and nozzle shall be maintained in the rack or reel when not in use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10936 Rescinded {#sec-r-408.10936 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10936}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10937 Inspection of standpipe and hose system; water level; valve; water supply {#sec-r-408.10937 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10937}

Rule 937. (1) An inspection of all portions of a standpipe and hose system shall be made not less than once a year by a trained and authorized employee or an outside service.

(2) A water tank shall be maintained at the water level designed for fire protection purposes and where a pressure tank is used, the air pressure shall be maintained at the designed pressure level, but not less than 75 psi.

(3) The valve to the main connection of the source of water to a standpipe shall be kept open at all times.

(4) The water supply for standpipe and hose systems shall provide a minimum of 100 gallons per minute for not less than 30 minutes.

CARBON DIOXIDE SYSTEMS

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10941 Installation and maintenance {#sec-r-408.10941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10941}

Rule 941. A carbon dioxide extinguishing system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #12-1980, "Carbon Dioxide Extinguishing Systems," as adopted by reference in R 408.10999(c).

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10944 Installations prohibited {#sec-r-408.10944 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10944}

Rule 944. A carbon dioxide extinguishing system shall not be installed to control a fire involving:

(a) Chemicals containing their own oxygen supply, such as cellulose nitrate.

(b) Combustible metals or special hazardous materials, such as sodium, potassium, magnesium, titanium, and zirconium.

(c) Metal hydrides.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10945 Safeguards {#sec-r-408.10945 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10945}

Rule 945. (1) Where there is a possibility that an employee may be trapped in, or enter into, an atmosphere made hazardous by a carbon dioxide discharge, the following safeguards shall be provided:

(a) Predischarge and discharge alarm.

(b) Warning signs.

(c) Employee training.

(d) Self-contained breathing apparatus.

(2) Where an alarm, audible or visual, is provided to indicate system failure, it shall be distinctive from an alarm indicating operation or hazardous conditions and shall operate continuously until manually shut off.

(3) Before an employee enters an area where carbon dioxide has been discharged and may be trapped, the area shall be purged or the employee shall wear approved respiratory equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10946 Inspection {#sec-r-408.10946 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10946}

Rule 946. (1) A carbon dioxide extinguishing system shall be inspected by a trained and authorized employee or outside service:

(a) Not less than annually to insure operability.

(b) Not less than semiannually to insure that all high pressure cylinders are at the designed weight. A cylinder showing a net loss in weight of more than 10% shall be refilled or replaced.

(c) Not less than annually to check the accuracy of low pressure system liquid level gauges.

(d) If a container shows a loss of more than 10%, it shall be refilled, unless the minimum gas requirements are still provided.

(2) A tag shall be affixed indicating the date of inspection.

DRY CHEMICAL SYSTEMS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10951 Installation and maintenance {#sec-r-408.10951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10951}

Rule 951. A dry chemical extinguishing system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #17-1980, "Dry Chemical Extinguishing Systems," as adopted by reference in R 408.10999(d).

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10952 Chemical agents {#sec-r-408.10952 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10952}

Rule 952. Dry chemical extinguishing agents of different compositions shall not be mixed together. The system shall be refilled with the chemical stated on the approved nameplate or with an equivalent compatible material.

History

• History: 1984 MR 2, Eff. Mar. 2, 1984.

Mich. Admin. Code R 408.10953 Installations prohibited {#sec-r-408.10953 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10953}

Rule 953. A dry chemical extinguishing system shall not be installed to control a deep seated or burrowing fire in ordinary combustibles, or for the items prescribed in subdivisions (a) and (b) of R 408.10944.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10954 Safeguards {#sec-r-408.10954 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10954}

Rule 954. Safeguards, as prescribed in R 408.10945, except subdivision (d), shall be provided where the possibility exists that an employee might be within the hazardous area during discharge of the extinguishing agent.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10955 Inspection {#sec-r-408.10955 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10955}

Rule 955. (1) A dry chemical extinguishing system shall be inspected by a trained and authorized employee or outside service:

(a) Not less than annually to insure operability.

(b) Not less than semiannually to insure the installed expellant gas containers are at the designed pressure or weight.

(c) Not less than semiannually to insure the stored pressure dry chemical container is at the designed pressure.

(2) A tag shall be affixed indicating the date of inspection.

FOAM SYSTEMS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10961 Installation and maintenance {#sec-r-408.10961 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10961}

Rule 961. (1) A foam system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standards #11-1978, "Foam Extinguishing Systems," #11A-1981, "High Expansion Foam Systems," and #11B-1977, "Synthetic Foam and Combined Agent Systems," as adopted by reference in R 408.10999(e), (f), and (g).

(2) Foam-water sprinkler systems and foam-water spray systems installed or that portion of the system modified after December 31, 1983, shall be installed and maintained as prescribed in N.F.P.A. standard #16-1980, "Foam-Water Sprinkler Systems and Foam-Water Spray Systems," as adopted by reference in R 408.10999(h).

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10963 Installations prohibited {#sec-r-408.10963 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10963}

Rule 963. A foam system shall not be installed to control a fire involving any of the following:

(a) Chemicals containing their own oxygen supply, such as cellulose nitrate.

(b) Energized unenclosed electrical equipment.

(c) Water reactive metals, such as sodium and potassium.

(d) Water reactive materials, such as triethyl-aluminum and phosphorous pentoxide.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10964 Safeguards {#sec-r-408.10964 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10964}

Rule 964. (1) Safeguards for a foam system shall be provided as prescribed in R 408.10945.

(2) Entry into foam shall be made only in an emergency. If emergency entry is necessary, self-contained breathing apparatus shall be worn in conjunction with a life line attended by another employee outside the hazardous area.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10965 Inspection and maintenance; foam systems {#sec-r-408.10965 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10965}

Rule 965. (1) A high expansion or synthetic and combined agent foam system shall be inspected by a trained and authorized employee or by an outside service no less than once a year to ensure operability.

(2) A foam-water system shall be inspected not less than every 6 months.

(3) Strainers shall be inspected and cleaned after each use.

HALOGENATED EXTINGUISHING SYSTEMS

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10971 Installation and maintenance {#sec-r-408.10971 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10971}

Rule 971. (1) A halogenated fire extinguishing system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #12A-1980. "Halogenated Fire Extinguishing Agent Systems - Halon 1301," as adopted by reference in R 408.10999(i).

(2) The plan and installation of the halogenated fire extinguishing system shall be approved by the state fire marshal.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10973 Exceptions to use {#sec-r-408.10973 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10973}

Rule 973. A halogenated fire extinguishing system shall not be used to extinguish fires as listed in R 408.10944.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10975 Safeguards {#sec-r-408.10975 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10975}

Rule 975. (1) Where there is a possibility that an employee may be trapped in, or may enter into, an atmosphere made hazardous by the discharge of a halon 1301 extinguishing agent, the following safeguards shall be provided:

(a) A predischarge and a discharge alarm in a normally occupied area, except an explosion suppressant system, does not require a predischarge alarm if the concentration of the discharge agent does not exceed 7%. If evacuation of the area by personnel can be accomplished within 1 minute, the concentration may be increased to 10%.

(b) Warning signs.

(c) Employee training.

(2) Where an alarm, audible or visual, is provided to indicate system failure, it shall be distinctive from an alarm indicating operation or hazardous conditions, and shall operate continuously until manually shut off.

(3) Before an employee enters an area where halon 1301 has been discharged, the area shall be purged of that substance. In an emergency and before purging has been accomplished, an employee may enter the area while wearing approved respiratory equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.10976 Inspection and maintenance {#sec-r-408.10976 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10976}

Rule 976. (1) A halogenated extinguishing system shall be inspected by a trained and authorized employee or by an outside service not less than once a year to insure operability.

(2) Not less than semiannually the following shall be accomplished:

(a) The weight and pressure of a refillable container of a halogenated extinguishing agent shall be checked. A container shall be repaired or replaced if the loss in net weight is more than 5% or the loss in pressure is more than 10%.

(b) The weight of a nonrefillable container shall be checked. A container shall be replaced if the net weight loss is more than 5%.

(c) The weight, pressure, and date shall be entered on a tag attached to the extinguisher.

LOCAL FIRE ALARM SYSTEMS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10981 Installation and maintenance {#sec-r-408.10981 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10981}

Rule 981. (1) A local fire alarm system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #72A-1979, standard for the "Installation, Maintenance and Use of Local Protective Signaling Systems for Watchmen, Fire Alarm and Supervisory Service," as adopted by reference in R 408.10999(j).

(2) Where the protected premises has an emergency power supply, the local fire alarm system shall have a secondary source of power.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10983 Location {#sec-r-408.10983 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10983}

Rule 983. (1) A local fire alarm system shall be mounted in a location where the system will not be activated by vibration or jarring.

(2) A manual fire alarm box shall be mounted permanently to a wall or post and protected against physical damage.

(3) A manual fire alarm box shall be located so that the maximum distance on each floor to a box will be not more than 200 feet. The box shall be unobstructed, readily accessible, and in the regular path of travel to an exit. The location of the box shall be identified by a sign or light visible from a distance of not less than 200 feet.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 408.10984 Maintenance and inspection {#sec-r-408.10984 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10984}

Rule 984. A local fire alarm system shall be tested by a trained and authorized employee or an outside service not less than once a week to insure operability by the activation of not less than 1 box.

FIRE DETECTION SYSTEMS

History

• History: 1979 AC.

Mich. Admin. Code R 408.10991 Installation {#sec-r-408.10991 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10991}

Rule 991. An automatic fire detection system installed or that portion of the system modified after December 31, 1983, shall be installed, modified, and maintained as prescribed in N.F.P.A. standard #72E-1982, "Automatic Fire Detection Systems," as adopted by reference in R 408.10999(k).

History

• History: 1984 AACS.

Mich. Admin. Code R 408.10993 Location and mounting {#sec-r-408.10993 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10993}

Rule 993. (1) Detectors shall be located or by other means be protected from mechanical or physical impact which could render them inoperable.

(2) Detectors subject to climatic or corrosive atmospheres, or contaminants shall be provided with protection to maintain operability.

(3) Detectors shall be supported independently of their attachment to wires or tubing.

History

• History: 1984 AACS.

Mich. Admin. Code R 408.10995 Maintenance {#sec-r-408.10995 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.10995}

Rule 995. (1) All systems shall be maintained in operable condition and tested on a periodic basis to assure reliability and operating condition.

(2) Pneumatic- and hydraulic-operated detection systems installed after December 31, 1983, shall be a supervised system.

(3) Servicing, maintenance, and testing of detection systems shall be performed by trained persons knowledgeable in the operation and function of the system.

R 408.10999. Reference standards.

Rule 999. The N.F.P.A. standards herein referred to are incorporated by reference. The standards are available for inspection at the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909. The standards may be purchased from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, or via the internet at www.nfpa.org at a cost as of the time of adoption of these rules, as stated in this rule:

(a) N.F.P.A. #13-1980, Installation of Sprinkler Systems, cost $27.00 each.

(b) N.F.P.A. #14-1980, Standpipe and Hose Systems, cost $27.00 each.

(c) N.F.P.A. #12-1980, Carbon Dioxide Extinguishing Systems, cost $27.00 each.

(d) N.F.P.A. #17-1980, Dry Chemical Extinguishing Systems, cost $27.00 each.

(e) N.F.P.A. #11-1978, Foam Extinguishing Systems, cost $27.00 each.

(f) N.F.P.A. #11A-1981, High Expansion Foam Systems, cost $27.00 each.

(g) N.F.P.A. #11B-1977, Synthetic Foam and Combined Agent Systems, cost $27.00 each.

(h) N.F.P.A. #16-1980, Foam-Water Sprinkler Systems and Foam-Water Spray Systems, Cost $27.00 each.

(i) N.F.P.A. #12A-1980, Halogenated Fire Extinguishing Agent Systems – Halon 1301, cost $27.00 each.

(j) N.F.P.A. #72A-1979, Installation, Maintenance & Use of Local Protective Signaling Systems for Watchmen, Fire Alarm & Supervisory Service, cost $27.00 each.

(k) N.F.P.A. #72E-1982, Automatic Fire Detection Systems, Cost $27.00 each.

History

• History: 1984 AACS.
• History: 1984 AACS; 2013 AACS.

R 408.11101 to R 408.11137 Part 11. Polishing, Buffing, and Abrading

Mich. Admin. Code R 408.11101 Scope {#sec-r-408.11101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 11. POLISHING, BUFFING & ABRADING

Rule 1101. This part sets forth rules in places of employment for safety in the use of buffing and polishing wheels and coated abrasives, including specifications for flanges, guards, fixtures, application of compounds, automatic buffing, polishing, storage, direction of operation, and speed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11103 Definitions; A, B {#sec-r-408.11103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11103}

Rule 1103. (1) "Abrading" means the process of removing materials by use of abrasives or wire wheels.

(2) "Acorn nut" means a hexagon nut with a rounded enclosed end; see figure 1.

Figure for 408.11103 (3) "Buffing wheel" means a wheel which, when used in conjunction with a compound and a centrifugal motion, will impart a luster to metal, plastics, or other materials. Buffing wheels are of 2 types, as follows:

(a) Type 1--"full disc buff" means a full circular disc of woven material plied and laminated, and generally sewn together.

(b) Type 2--"bias buff" means a radius of woven material drawn into a clinch ring, which then creates a circular wheel of laminated plies, radiating from the clinch ring.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11104 Definitions; C to F {#sec-r-408.11104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11104}

Rule 1104. (1) "Clinch ring" means a series of hog rings pressed into a circular form integrally meshed through the buffing material.

(2) "Coated abrasive" means abrasive grains bonded to paper, fibre, or cloth, usually fabricated in various forms, such as a disc, endless belt, and sheet.

(3) "Compound" means the abrasive in a bond mixture applied to the buffing wheel or part in a cake or liquid form.

(4) "Flange or end" means disc or plates between which a buff with a metal or fibre center is mounted.

(5) "Fixture" means the support used to hold or guide a part being buffed or polished.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11105 Definitions; O to W {#sec-r-408.11105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11105}

Rule 1105. (1) "Off side" means a place above or below the center line of a wheel, depending on rotation of the wheel, where a part or compound will be thrust away from the operator.

(2) "Open spindle lathe--hand jack" means a machine on which buffing or polishing wheels are mounted and run.

(3) "Polishing wheel" means a full circular disc of a material, generally a product of the loom, compressed felt or sheepskin, that is plied and laminated.

Abrasive grain is glued or cemented to the periphery and when cured is used to remove fine scratches and imperfections.

(4) "Safety guard" means an enclosure for protection from emission or accidental contact.

(5) "Wire brush wheel" means a full circular disc of wires held in place by a hub or ring.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11111 Operator personal protection {#sec-r-408.11111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11111}

Rule 1111. An operator shall:

(a) Be provided with and use eye protection, as prescribed in Part 33.Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code, such as goggles or a face shield when polishing, buffing, or abrading.

(b) Be provided with, at no expense, and use a belly pad or apron when hand buffing.

(c) Not wear loose clothing.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.11115 Guards {#sec-r-408.11115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11115}

Rule 1115. (1) A polishing, buffing, or wire brush wheel on a hand jack, automatic machine, or coated abrasive machine shall have guards made of a minimum of 16 gauge metal or equivalent and of a size and design to cover at least half of the sides of the working wheel, and extend at least 1 inch beyond the spindles. See figure 2.

(2) An adjustable deflector of at least 16 gauge metal or equal material shall be installed and maintained within 1/4 inch of the face of the wheel on all open spindle lathes. See figure 2.

(3) The face opening shall not be any greater in area than actually required for performance of the operation.

(4) In-running nip points of drive and idler rolls, such as found in belt sanding, shall be guarded with an enclosure which will include the rolls.

Figure for 408.11115

History

• History: 1979 AC.

Mich. Admin. Code R 408.11116 Arbor ends {#sec-r-408.11116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11116}

Rule 1116. (1) An arbor end which is not equipped with an acorn nut or equivalent shall be guarded.

(2) A nut shall be fully installed on the spindle, and the nut shall be self-locking with the arbor rotation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11118 Flanges {#sec-r-408.11118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11118}

Rule 1118. (1) A flange shall be used with a metal or fibre center bias buff, except where the flange is an integral part of the buff.

(2) A flange shall:

(a) Be 3/16 inch thick for buff face up to 6 inches wide and 3/8 inch thick for a wider buff face.

(b) Be of a diameter to bear firmly on the clinch ring.

(c) Be of the same diameter and design of both sides.

(d) Be made of steel or material of equal strength.

(3) A flange should be tapered or bell shape instead of flat. See figure 3.

Figure for 408.11118

History

• History: 1979 AC.

Mich. Admin. Code R 408.11119 Rescinded {#sec-r-408.11119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11119}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11121 Rescinded {#sec-r-408.11121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11121}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11123 Illumination {#sec-r-408.11123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11123}

Rule 1123. (1) Automatic polishing and buffing machinery and equipment shall be located with respect to sources of natural light so that light of 25 footcandles intensity will fall on the loading and unloading area. When natural light is insufficient to meet this requirement, artificial light shall be provided.

(2) Hand polishing and buffing machinery and equipment shall be located with respect to sources of natural light so that light of 30 footcandles intensity will fall on the work. When natural light is insufficient to meet this requirement, artificial light shall be provided.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11131 Operations {#sec-r-408.11131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11131}

Rule 1131. (1) Buffing or polishing shall be performed on the off side.

(2) Buffing compound, when applied to a revolving wheel, shall be applied to the off side.

(3) The wheel speed shall not exceed the manufacturer's recommended revolutions per minute.

(4) Coated abrasives shall be run according to the direction (->) indicated by the manufacturer.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11135 Storage of abrasives {#sec-r-408.11135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11135}

Rule 1135. Coated abrasives shall be stored under conditions of temperature and humidity to prevent breakage or warpage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11137 Fire and explosion precautions {#sec-r-408.11137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11137}

Rule 1137. Precautions shall be taken to protect against fire and explosion hazards involving aluminum, magnesium, titanium, lint, wax, and solvent when polishing, buffing, or abrading.

History

• History: 1979 AC.

R 408.11201 to R 408.11299 Part 12. Welding and Cutting

Mich. Admin. Code R 408.11201 Scope {#sec-r-408.11201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 12. WELDING AND CUTTING

GENERAL PROVISIONS

Rule 1201. This part is intended to provide, in, about, or around places of employment, reasonable safety to persons involved in welding, cutting, brazing, soldering, and acetylene generating and to those exposed to these processes and the equipment and compressed gases used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11202 Adoption and referenced standards {#sec-r-408.11202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11202}

Rule 1202. (1) The following standards are adopted by reference in these rules and are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA; telephone number: 1-800-854-7179; or at web-site: www.global.ihs.com, at a cost as of the time of adoption of these rules as stated in this rule.

(a) American National Standards Institute ANSI B31.1 “Industrial Gas and Air Piping Systems,” 1967 edition. Cost: $96.00.

(b) ANSI B57.1 “Compressed Gas Cylinder Valve Outlet and Inlet Connections,” 1965 edition. Cost: $29.00.

(c) American Petroleum Institute API 1104 “Standard for Welding Pipe Lines and Related Facilities,” 1973 edition. Cost: $125.00.

(d) API PSD 2201 “Welding or Hot Tapping on Equipment Containing Flammables,” 1963 edition. Cost: $125.00.

(e) American Society of Mechanical Engineers ASME A13.1 “Identification of Piping Systems,” 1956 edition. Cost: $60.00.

(2) The following standards are adopted by reference in these rules and are available from NFPA, 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471; telephone number: 1-617-770-3000; or at website: www.nfpa.org; at a cost as of the time of adoption of these rules as stated in this rule.

(a) National Fire Protection Association (NFPA) Standard 50 “Bulk Oxygen Systems,” 1971 edition. Cost: $27.00.

(b) NFPA 80 “Standard for the Installation of Fire Doors and Windows,” 1974 edition.

Cost: $27.00.

(3) The following standard is adopted by reference in these rules, “The Fire Resistance Directory.” This directory is available from Underwriters' Laboratory, 2600 NW Lake Road, Camas, Washington, 98607-8542, USA; telephone number: 1-877-854-3577; or at website: www.ul.com/directories; at a cost as of the time of adoption of these rules of $150.00.

(4) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(5) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(6) The following standard is referenced in these rules, General Industry Safety Standard Part 33 ‘Personal Protective Equipment,’ R 408.13301 to R 408.13398. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

Editor's Note: An obvious error in R 408.11202 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2013. The memorandum requesting the correction was published in Michigan Register, 2016 MR 1.

History

• History: 2013 AACS.

Mich. Admin. Code R 408.11203 Definitions; A to C {#sec-r-408.11203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11203}

Rule 1203. (1) "AC" means alternating current.

(2) "Arc welding" means a process for joining metals by heating with an electric arc with or without the use of pressure with or without a filler material.

(3) "Brazing" means a process of joining metals without melting them with a filler metal melting above 800 degrees F.

(4) "Confined space" means a small or restricted space without proper life supporting atmosphere or in which mobility is restricted.

(5) "Cutting" means a process in which the severing or removing of metal is effected by the use of an arc or flame.

(6) "Cylinders" means containers for storing compressed gases manufactured, labeled, and periodically tested in accordance with specifications of the department of transportation regulations.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11204 Definitions; D to N {#sec-r-408.11204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11204}

Rule 1204. (1) "DC" means direct current.

(2) "Fire resistance" means the property of a material or assembly to withstand fire or give protection from it.

(3) "Gas welding" means a process for joining metals by heating with a gas flame with or without the use of pressure and with or without the use of a filler material.

(4) "Inert gas" means argon, carbon dioxide, helium, or nitrogen gas.

(5) "Manifold" means an assembly of pipe and fittings to interconnect either single or multiple sources to single or multiple outlets.

(6) "Noncombustible" means having properties which do not support combustion.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11205 Definitions; P to W {#sec-r-408.11205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11205}

Rule 1205. (1) "Press welding machine" means a machine that utilizes 2 platens, 1 of which moves toward the other during the initial part of the machine cycle. It does not provide welding pressure. After 1 of the platens has moved to a stop position, the welding pressure required for the welding operation is applied by 1 or more air or hydraulic cylinders.

(2) "Psig" means pounds per square inch as measured by a gauge.

(3) "Resistance welding" means the joining of metals by the use of heat generated at the joint by the resistance to the flow of electric current and by the application of pressure.

(4) "Soldering" means a process of joining metals without melting them using a filler metal melting at 800 degrees Fahrenheit, 427 degrees centigrade, or below.

(5) "Spot welding" means a form of resistance welding in which the current and pressure are restricted to the spot of metal surfaces directly in contact between the electrodes.

(6) "Storage" means the storage of filled or empty cylinders not in use.An oxidizing and fuel gas cylinder or cylinders used as a unit shall not be considered to be in storage.

(7) "Water capacity" means the weight of water, as related to liquefied gas, of a volume equivalent to that of the cylinder.

(8) "Welder" means a person capable of performing a manual or semiautomatic welding operation.

(9) "Welding operator" means a person who operates a machine or automatic welding equipment.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.11211 Employer and employee responsibilities {#sec-r-408.11211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11211}

Rule 1211. (1) An employer shall do all of the following:

(a) Give each employee training or a test before allowing him or her to use equipment for arc and gas welding and cutting.

(b) Provide face and eye protection and foot protection as prescribed in general industry safety standard Part 33 “Personal Protective Equipment,” as referenced in R 408.11202.

(c) Provide other personal protective clothing or equipment, such as gloves, aprons, hearing protection devices, respirators, lifelines, safety belts, and lanyards required to protect the employee from injury likely to be caused by the assigned task of welding and cutting. Except for long sleeve shirts required to protect the employee from ultraviolet rays to the arms and ankle length trousers, the personal protective clothing and equipment shall be provided without expense to the employee.

(d) Provide to an employee, at no expense to the employee, protective devices such as, but not limited to, curtains, safety glasses, or face shields to reduce the risk of flash burn, sparks, and foreign bodies to all employees in the area.

(e) Provide ventilation where necessary to protect an employee against toxic materials as prescribed by the Michigan Occupational Safety and Health Administration (MIOSHA) standards.

(2) An employee shall comply with all of the following:

(a) Use welding and cutting equipment as trained and authorized.

(b) Use the protective equipment required by the employer or the hazard.

(c) Not tamper with safety devices.

(3) An employee in charge of the operation of oxygen or fuel-gas supply equipment, of oxygen or fuel-gas systems, including generators, shall be instructed and judged competent by the employer for this work before being left in charge. Rules and instructions covering the operation and maintenance of oxygen or fuel-gas supply equipment, including generators, and oxygen or fuel-gas distribution piping systems shall be readily available.

Editor's Note: An obvious error in R 408.11211 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 11. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

History

• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.11212 General requirements {#sec-r-408.11212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11212}

Rule 1212. (1) A mixture of fuel gas with air or oxygen shall not be permitted except when consumed at a burner or torch.

(2) Only apparatus designed for use with fuel gas or oxygen shall be used for welding or cutting.

(3) The total volume of acetylene used per hour shall not exceed 1/7 of the total volume of the acetylene supply in the system.

(4) Liquid acetylene shall not be used.

(5) A cylinder to which a regulator is attached shall not be moved unless secured to a hand truck or powered truck designed or equipped for this purpose.

(6) A cylinder valve shall be closed in all of the following situations:

(a) When the cylinder is moved.

(b) When the work is finished or is left unattended during lunch, overnight, or for any other prolonged period.

(c) When the cylinder is empty.

(d) When the regulator is removed.

(7) Fuel gas shall not flow from a cylinder or manifold through a torch or other device equipped with a shutoff valve unless the pressure is reduced by a regulator attached to the cylinder or manifold.

(8) An oxygen cylinder, cylinder valve, coupling regulator, hose, and apparatus shall be kept free from oily or greasy substances and shall not be handled with oily hands or gloves. Precautions shall be taken to prevent a jet of oxygen from striking an oily surface or greasy clothes or from entering a fuel, oil, or other storage tank.

(9) Oxygen shall not be used as a substitute for compressed air or for any other use, except for welding or cutting or life support procedures.

(10) Welders shall place welding cable and other equipment so that it is clear of passageways, ladders, and stairways or it shall be protected against damage or hazards to an employee.

CONFINED SPACES

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.11213 Working in confined spaces {#sec-r-408.11213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11213}

Rule 1213. (1) When working in a confined space, the torch valves and the gas supply valve and oxygen valve outside the confined space shall be shut off during lunch, overnight, or for any other prolonged period. Where practicable, the torch and hose shall be removed from the confined space.

(2) When stick electrodes are used in a confined space, and welding is suspended during lunch, overnight, or for any other prolonged period, the electrode shall be removed from the holder and the machine shut off.

(3) The air in a confined space shall be tested with an approved device and purged, if necessary, before any entry. Ventilation shall be provided in the confined spaced when an employee is present.

(4) A cylinder or welding power source used in a confined space shall be placed and secured on the outside of the space where work is being performed.

(5) An employee who is trained in rescue procedures, and with such equipment as is necessary to effect a rescue, if needed, shall be stationed outside the confined space during welding or cutting operations. An employer shall ensure that an effective means of communication is established between employees in the confined space and the attendant.

When safety belts and lifelines are used, they shall be provided and used as prescribed in general industry safety standard Part 33 “Personal Protective Equipment,” as referenced in R 408.11202, and attached to the welder's body so that his or her body cannot be jammed in a small exit opening.

(6) After welding operations are completed in a confined space, a sign or other warning shall be used to mark the hot metal.

Editor's Note: An obvious error in R 408.11213 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2013. The memorandum requesting the correction was published in Michigan Register, 2014 MR 13.

History

• History: 1979 AC; 1983 AACS; 1988 AACS; 2013 AACS.

Mich. Admin. Code R 408.11214 Rescinded {#sec-r-408.11214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11214}

CYLINDERS

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.11221 Cylinder marking {#sec-r-408.11221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11221}

Rule 1221. (1) Compressed gas cylinders shall be legibly marked, for the purpose of identifying the gas content, with either the chemical or trade name of the gas. Such marking shall be by means of stenciling, stamping, or labeling, and shall not be readily removable. Whenever practical, the marking shall be located on the shoulder of the cylinder.

(2) Unlabeled cylinders shall not be used.

(3) Empty cylinders shall be so marked at time of depletion.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11222 Storage {#sec-r-408.11222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11222}

Rule 1222. (1) An oxygen cylinder shall be stored not less than 20 feet from fuel gas cylinders or a highly combustible material, such as, but not limited to, oil, grease, excelsior, flammable gas, or a source of ignition, or shall be separated from the material by a noncombustible wall, not less than 5 feet (1.6 meters) high, having a fire-resistance rating of 1/2 hour. An oxygen cylinder shall not be stored in an acetylene generator compartment.

The underwriters' laboratory fire resistance directory may be used as a guide to determine fire resistance, as adopted in R 408.11202.

(2) A cylinder shall be stored away from heat in excess of 125 degrees Fahrenheit.

(3) A cylinder, including an empty cylinder, which is in storage, being shipped, or has the regulator removed shall have the cap secured in place, if a cap is provided in the design, or shall be otherwise protected.

(4) Storage shall be set up to ensure first-in, first-out usage.

(5) A cylinder storage area shall be posted with the names of the individual gases stocked, and a warning shall be posted against tampering by an unauthorized employee.

An assigned storage area shall be located where a cylinder will not be knocked over or struck by a passing or falling object.

(6) Where different gases are stored, they shall be grouped by types. Groupings shall separate the flammable gases from the oxidizing gases as in subrule (1) of this rule.

(7) A storage area for cylinders shall be well ventilated. A cylinder shall not be stored in basements or pits, except where ventilation as specified by the Michigan Occupational Safety and Health Administration (MIOSHA) standards is furnished to keep the area purged of any accumulation of gases.

(8) Storage of fuel gas in a building in 1 area within 100 feet (30 meters) of another fuel gas storage area and not protected by an automatic sprinkler system shall be limited to a total gas capacity of 2,000 cubic feet (56 cubic meters approximately) or 11.8 cubic feet (.33 cubic meters) of liquefied gas, which is 735 pounds (333 kilograms) water capacity.

Storage in excess of this amount shall be in a separate room or compartment with an exterior wall and on the top floor of the building, outside, or in a special building. All walls, floors, and ceilings shall be constructed of noncombustible material having a fireresistance rating of 1 hour. The walls shall be continuous from the floor to the ceiling and shall be securely anchored. The separate room, compartment, or special building shall have no open flame for heat or light and shall be well ventilated. Openings from the separate storage room to other parts of the building shall be protected by a self-closing fire door for a class B opening and shall have a fire-resistance rating of not less than 1 hour. Windows in partitions shall be wired glass and approved metal frames with a fixed sash. Installation shall be in accordance with NFPA 80 “Standard for the Installation of Fire Doors and Windows,” 1974 edition, as adopted in R 408.11202.

(9) Where a liquid or gaseous oxygen system is used to supply gaseous oxygen for welding and cutting and the system has a storage capacity of more than 20,000 cubic feet (560 cubic meters), measured at 14.7 psia (101.34 kPa) and 70 degrees Fahrenheit (21.1 degrees Celsius), including unconnected reserves at the site, the system shall be as prescribed in NFPA 50 “Bulk Oxygen Systems,” 1971 edition, as adopted in R 408.11202.

(10) A cylinder used for methylacetylene-propadiene, stabilized, shall be constructed of materials suitable for this fuel gas in the gaseous or liquid phases.

History

• History: 1979 AC; 1981 AACS; 1988 AACS; 2013 AACS.

Mich. Admin. Code R 408.11223 General rules for cylinders--I {#sec-r-408.11223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11223}

Rule 1223. (1) A chain, bracket, or other restraining device shall be used at all times to prevent cylinders from falling.

(2) Acetylene or liquefied gas cylinders shall not be placed on their sides, but shall be stood valve end up.

(3) A cylinder shall not be dropped, dragged, rolled on its side, or struck violently.

(4) A cylinder shall be lifted only by cradles or enclosed platforms when using a crane or hoisting device. Electromagnets, hooks, ropes, or slings shall not be used.

(5) A frozen or ice clogged valve shall be thawed either by warm air or use of warm water and dried before using. Boiling water or a flame shall not be used. Force shall not be applied to a valve or cap to loosen a cylinder frozen in place.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11224 General rules for cylinders--II {#sec-r-408.11224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11224}

Rule 1224. (1) Gases shall not be mixed within a cylinder except by the supplier.

(2) A cylinder shall not be placed where it will become a part of the electrical circuit by accidental grounding or where it may be burned by electric welding arc. A cylinder shall not be placed so that hot slag or flame will reach it or it shall be protected by a fire resistant shield. An electrode shall not be tapped against a cylinder to strike an arc.

(3) A regulator, gauge, or hose shall not be interchangeable between fuel gas, oxidizing gas or inert gas. Connections for compressed gas cylinders shall be as prescribed in ANSI B57.1- “Compressed Gas Cylinder Valve Outlet and Inlet Connections,” 1965 edition, as adopted in R 408.11202.

(4) A cylinder valve shall be opened slightly for an instant and then closed before connecting to a regulator or manifold to clear the valve of dust and dirt. This shall not be done near a source of ignition. Pressure to a regulator shall be introduced by slowly opening the cylinder valve. An acetylene cylinder valve shall not be opened more than 1 1/2 turns of the spindle.

(5) Acetylene shall not be utilized or piped, except in cylinder manifolds, at a pressure in excess of 15 psig.

(6) Only the owner of the cylinder, if the owner is qualified, or a person trained, qualified, and authorized by the owner, shall refill a cylinder.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11225 Cylinders; keys, handles, or wrenches; use as roller or support prohibited; repair; placing items on top prohibited {#sec-r-408.11225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11225}

Rule 1225. (1) A cylinder without fixed hand wheels shall have keys, handles, or nonadjustable wrenches on valve stems while in service. A multiple cylinder installation shall require only 1 key or handle for each manifold. A hammer shall not be used to open a cylinder valve or loosen a cap.

(2) A cylinder, whether full or empty, shall not be used as a roller or support.

(3) A leaking cylinder or a cylinder with a valve stuck open or a valve in need of repair shall be taken outdoors away from sources of ignition, slowly emptied, and tagged with a warning sign and the manufacturer or distributor shall be notified.

Complete removal of the stem from the cylinder valve shall be avoided.

(4) Nothing shall be placed on top of a cylinder which would damage a safety device or interfere with the quick closing of the valve.

MANIFOLDING

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.11231 Oxygen manifolding {#sec-r-408.11231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11231}

Rule 1231. (1) An oxygen manifolding unit shall be located not less than 20 feet from combustible materials or separated by a noncombustible barrier, not less than 5 feet high, having a fire-resistance rating of at least 1/2 hour.

(2) An oxygen manifold shall not be located in acetylene generating rooms.

(3) Each container and manifold unit shall be labeled to show the name of the gas contained.

(4) Each manifold shall be provided with approved pressure regulation devices.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11232 High-pressure oxygen manifolds {#sec-r-408.11232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11232}

Rule 1232. (1) An oxygen high-pressure manifold shall be not more than 6,000 cubic feet, except as permitted in subrule (3) of this rule.

(2) More than 1 unit may be located in a room, but they shall be not less than 50 feet (16 meters) apart or separated by a noncombustible barrier not less than 5 feet (1.6 meters) high having a fire resistance of 1/2 hour.

(3) An oxygen high-pressure manifold with an aggregate of more than 6,000 cubic feet (170 cubic meters approximately) shall be located outdoors in a separate noncombustible building or, if located in a building that is otherwise occupied, the manifold shall be located in a separate room of noncombustible construction having a fire-resistance rating of 1/2 hour or in an area with no combustible material within 20 feet (6.1 meters) of the manifold.

(4) An oxygen manifold or oxygen bulk supply system with a storage capacity of more than 20,000 cubic feet (560 cubic meters), including unconnected reserves, shall be as prescribed in R 408.11222(9).

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.11233 Low pressure oxygen manifolds {#sec-r-408.11233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11233}

Rule 1233. (1) The operating pressure of a low pressure oxygen manifold shall be not more than 250 psig. The following sign shall be posted at each low pressure oxygen manifold:

Low pressure manifold:

Do not connect high pressure cylinders Maximum pressure--250 psig (2) A low pressure oxygen manifold shall have a minimum bursting pressure of 1,000 psig and shall be protected by a safety relief valve which will relieve at a maximum pressure of 500 psig. The safety relief vent shall discharge outside of the plant at a point away from a source of ignition and where reentry could not occur.

(3) A hose or hose connection subject to manifold pressure shall have a minimum bursting pressure of 1,000 psig.

(4) An assembled manifold including leads shall be tested and proved gas tight at a pressure of 300 psig (2070 kPa gage). The material used for testing oxygen manifolds shall be oil-free and not combustible.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11234 Fuel gas manifolding {#sec-r-408.11234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11234}

Rule 1234. (1) Fuel gas connected to 1 manifold inside a building shall have a total gas capacity of not more than 3,000 cubic feet (85 cubic meters approximately) or 11.8 cubic feet (.33 cubic meters) of liquefied gas, which is 735 pounds (333 kilograms) water capacity. More than 1 manifold unit may be located in a room, but the manifolds shall be not less than 50 feet (16 meters) apart or be separated by a noncombustible barrier not less than 5 feet (1.6 meters) high having a fire-resistance rating of 1/2 hour.

(2) Fuel gas capacity on 1 manifold of more than 3,000 cubic feet (85 cubic meters approximately) or 11.8 cubic feet (.33 cubic meters) of liquefied gas, which is 735 pounds (333 kilograms) water capacity, is permissible in a separate room or compartment, as specified in R 408.11222(8), or located outside the building.

(3) The pressure in the gas cylinders connected to, and discharged simultaneously through, a common manifold shall be approximately equal.

(4) Manifolds shall be approved either separately for each component part or as an assembled unit.

Editor's Note: An obvious error in R 408.11234 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2013. The memorandum requesting the correction was published in Michigan Register, 2014 MR 13.

MANIFOLDING--SERVICE PIPING

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.11241 Piping material {#sec-r-408.11241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11241}

Rule 1241. (1) Piping for acetylene shall be limited to steel and ductile iron.

(2) Piping for other gases shall be compatible with the gas.

(3) Oxygen at pressures of more than 700 psig shall be run in stainless steel or copper alloy piping.

(4) Gray or white cast iron fittings shall not be used.

(5) Pipe and fittings shall be as prescribed in section 2 of the ANSI B31.1 “Industrial Gas and Air Piping Systems,” 1967 edition, as adopted in R 408.11202, except for the following:

(a) Pipe shall be not less than schedule 40 and fittings not less than standard weight in sizes up to and including 6-inch nominal.

(b) Copper tubing shall be type K or L.

(6) A hose connection and hose complying with R 408.11233 may be used to connect the outlet of a manifold pressure regulator to piping if the working pressure of the piping is 250 p.s.i.g. or less, and the length of the hose does not exceed 5 feet.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11242 Piping assembly {#sec-r-408.11242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11242}

Rule 1242. (1) All piping shall be run as directly as practicable, shall be protected against physical damage, and proper allowance shall be made for expansion and contraction, jarring, and vibration. Piping in a tunnel, trench, or duct shall be welded or brazed. Pipe laid underground in earth shall be located below the frost line and shall be protected from corrosion. Shutoff valves shall be located outside the conduits. Oxygen piping may be placed in the same tunnel, trench, or duct with fuel gas pipe lines if natural or forced ventilation is provided.

(2) Low points in piping carrying moist gas shall be drained into drip pots constructed so as to permit pumping or draining out the condensate at necessary intervals. A drain valve shall be installed for this purpose, having an outlet normally closed with screw caps or plugs. Open end valves or petcocks shall not be used, except that, in drips located out of doors, underground, and not readily accessible, a valve may be used at such points if it is equipped with means to secure it in the closed position. A pipe leading to the surface of the ground shall be cased or jacketed where necessary to prevent loosening or breaking.

(3) A gas shutoff valve shall be provided at the pipe entrance to a building.

There shall also be provided a shutoff valve in the discharge line from the generator, gas holder, manifold, or other source of supply.A shutoff valve shall not be installed in a manner that renders a safety relief device ineffective.

(4) Before assembly, piping and fittings shall be freed of scale and dirt. An oxygen line shall be washed out with a solution such as caustic soda or trisodium phosphate. After assembly, piping shall be blown out with oil-free air or oil-free inert gas.

(5) Loose dirt that may have been trapped in the pipe shall be blown out with oilfree air or oil-free inert gas.

(6) Pressure testing of a pipeline shall be done in a manner to protect an employee from injury due to blowing out of closures and other pressure restraining devices.

(7) A piping system shall be tested and proved gastight at 1 1/2 times the maximum operating pressure and shall be purged of air before being placed in service. The material used for testing oxygen lines shall be oil-free and noncombustible. A flame shall not be used to detect leaks.

(8) Repairs on ferrous piping for other than inert gas lines shall be preceded by purging the lines, unless only nonsparking tools are used.When gas lines and other parts of a manifold system are being purged, a source of ignition shall not be permitted near the uncapped opening.

(9) Outdoor ferrous and all underground piping and fittings shall be covered or painted to protect against corrosion.

(10) A steel or wrought iron pipe joint shall be welded, threaded, or flanged.

(11) A brass or copper pipe joint shall be welded, brazed, threaded, or flanged. A seamless copper, brass, or stainless steel tubing joint shall be brazed or gas tubing fittings used. Where a socket-type joint is used, it shall be brazed with silver brazing alloy or similar filler metal having a melting point not less than 800 degrees Fahrenheit.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.11243 Installation and identification of piping {#sec-r-408.11243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11243}

Rule 1243. (1) Above ground piping, station outlet, and section valves shall be identified as to contents by color or name, or both, as prescribed in ASME A13.1 “Identification of Piping Systems,” 1956 edition, as adopted in R 408.11202.

(2) A cylinder manifold shall be installed under the supervision of an individual experienced in the proper practices with reference to its installation and use.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11244 Station outlets {#sec-r-408.11244 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11244}

Rule 1244. (1) A station outlet shall be equipped with a shutoff valve for each torch supplied from it, designated V F and V O in FIGURE 1, located upstream of other station outlet equipment.

(2) A station outlet shall be provided backflow prevention devices, designated as S F and S O in FIGURE 1, at each station outlet, including those on a portable header, to prevent backflow, except where pipeline protection equipment, designated as P F in FIGURE 1, C is located at the station outlet.

(3) A station outlet shall terminate with an approved union connection for a regulator or a hose, except that the outlet may terminate with pipe threads where a permanent connection is made, such as to a machine.

(4) Each station outlet shall be equipped with a detachable seal outlet cap, secured in place, which shall seal the outlet except when a hose, regulator, or piping is attached.

(5) The total volume of acetylene used per hour shall not exceed 1/7 of the total volume of the acetylene supply in the system.

FIGURE 1

LEGEND:

P F Protective equipment in fuel gas piping V F Fuel gas station outlet valve V O Oxygen station outlet valve S F Backflow prevention devices(s) at fuel gas station outlet S O Backflow prevention device(s) at oxygen station outlet

History

• History: 1979 AC.

Mich. Admin. Code R 408.11245 Portable outlet headers {#sec-r-408.11245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11245}

Rule 1245. (1) A portable outlet header shall not be used indoors, except where conditions preclude a direct supply from an outlet located on the service piping system.

(2) A master shutoff valve shall be provided for oxygen and fuel gas at the entrance of the portable outlet header.

(3) A portable outlet header shall be provided the protective devices prescribed in R 408.11252.

(4) Each service outlet of a portable outlet header shall be provided with a valve assembly which includes a detachable outlet seal cap, chained or otherwise secured to the valve body.

(5) A portable outlet header shall be provided a frame which will support the equipment in position and protect it from damage during handling and operation.

(6) Each outlet on the service piping from which oxygen or fuel gas is withdrawn to supply a portable outlet header shall be equipped with a readily accessible shutoff valve.

PRESSURE DEVICES

History

• History: 1979 AC.

Mich. Admin. Code R 408.11251 Pressure devices {#sec-r-408.11251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11251}

Rule 1251. Pressure regulating and relief devices shall be provided and set to function at not more than the designed pressure and to discharge away from a source of ignition.

PROTECTIVE DEVICES

History

• History: 1979 AC.

Mich. Admin. Code R 408.11252 Protective devices {#sec-r-408.11252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11252}

Rule 1252. (1) Protective equipment shall be installed in fuel gas piping to prevent backflow of oxygen into the fuel gas supply system, passage of a flashback into the fuel gas supply system and excessive back pressure of oxygen in the fuel gas supply system.

See P F in FIGURE 1.

(2) The 3 functions may be combined in 1 device or provided by separate devices.

(3) The protective equipment shall be located in the main supply line as shown in FIGURE 1, A. In addition, an employer may use protective equipment shown in FIGURE 1, B and C. Where a branch is sized 2 inches or more, the protective equipment P F shall be provided as prescribed in FIGURE 1, B or C.

(4) Backflow protection shall be provided by a device that will prevent fuel gas from flowing into the oxygen system or oxygen from flowing into the fuel-gas system. See FIGURE 1, A and B and P F in FIGURE 1, A, B, and C.

(5) A pressure relief device shall be set at a pressure not more than the pressure rating of the backflow or flash-back protection devices, whichever is lower, and shall be located on the downstream side of both of these devices. Its vent shall be as large as the inlet and terminate in a hood or bend away from a source of ignition. The vent shall be installed without low points that may collect moisture. If low points are unavoidable, drip pots with drains closed with screw plugs or caps shall be installed at the low points. A shutoff valve shall not be installed in the vent line.

(6) Fuel gas for use with equipment not requiring oxygen shall be withdrawn upstream of the piping protective devices.

(7) Piping protective equipment incorporating a liquid shall have the level maintained. Antifreeze may be used to prevent freezing.

HOSES AND REGULATORS

History

• History: 1979 AC.

Mich. Admin. Code R 408.11253 Hoses and connections {#sec-r-408.11253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11253}

Rule 1253. (1) Only approved hose and connections shall be used. A hose connection shall be fastened to withstand twice the working pressure without leaking, but not less than 300 psig (2070 kPa). Oil-free air or an oil-free inert gas shall be used for the test.

(2) Parallel lengths of hose taped together shall have not more than 4 inches out of each 12 covered by tape.

(3) Parallel hoses shall be color coded as follows:

(a) Red--fuel gases.

(b) Green--oxygen.

(c) Black--inert gas or air.

(4) A hose shall be repaired or replaced when it shows burns, leaks, worn places or other defects which could affect the safety of employees.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11254 Regulators {#sec-r-408.11254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11254}

Rule 1254. Regulators shall:

(a) Be used as specified in R 408.11224(3).

(b) Be inspected for faulty seats and repaired when found defective.

(c) Be repaired by authorized and trained personnel, or be returned to the supplier for calibration or repairs.

(d) Not be removed until the cylinder valve is closed and the regulator drained.

(e) Have gauges marked "Use No Oil" when used for oxygen.

GENERAL FIRE RULES

History

• History: 1979 AC.

Mich. Admin. Code R 408.11261 Fire precautions {#sec-r-408.11261 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11261}

Rule 1261. (1) Cutting and welding shall be done in designated areas free of flammables or conditions favorable to fire or explosion. If it is not practical to perform the work in a designated area, a person shall be assigned responsibility for fire safety of the job and shall take the following action after inspecting the job site and designating precautions to be taken:

(a) Move flammables a minimum of 35 feet (10.7 m) from the area, cover the flammables with a fire resistant covering, or schedule the work for a time when the flammables have been removed.

(b) Cover cracks in the floor or walls that are within 35 feet (10.7 m) of the welding or cutting process if they could pass sparks to other areas.

(c) Wet down wooden floors, except when laid over concrete, and provide a bucket or pan containing water or sand or cover with a fire resistant shield. Where the floor has been wet down, arc welding operators shall be protected from shock.

(d) Have appropriate portable fire extinguishers on hand for use by trained employees.

(e) If there is a possibility that a smoldering fire may have started, keep an observer at the scene of the work for at least 30 minutes after the welding or cutting has stopped.

(2) An observer shall be assigned whenever welding or cutting is done in an area where a fire could start or 1 of the following conditions exists:

(a) Appreciable combustible materials in the building construction or contents less than 35 feet (10.7 m) from the point of operation.

(b) Appreciable combustible material more than 35 feet (10.7 m) away but easily ignited by a spark.

(c) Wall or floor opening less than a 35 feet (10.7 m) radius from exposed combustible materials in adjacent areas including concealed spaces in walls and floors.

(d) Combustible material adjacent to the opposite side of a metal partition, wall, ceiling, or roof which is likely to ignite by conduction or radiation.

(3) Welding and cutting by gas utility firms on live mains is exempt from this rule when the main is filled under positive pressure with natural or manufactured gas and air movers are used to ventilate areas where fumes might accumulate.

(4) Welding or cutting shall not be permitted in the following situations:

(a) In an area not authorized by management.

(b) In a sprinklered building while such protection is impaired unless a fire watch is provided.

(c) In the presence of an explosive atmosphere such as mixtures of flammable gases, vapors, liquids, or dusts with air.

(d) In an area nearer than 35 feet of storage of large quantities of exposed, readily ignitable materials such as bulk sulfur, baled paper, or cotton.

(5) Conveyor and exhaust systems that might carry sparks to a distant combustible shall be protected or shut down.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11262 Welding drums, barrels, tanks, or other containers {#sec-r-408.11262 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11262}

Rule 1262. (1) Welding or cutting shall not be performed on drums, barrels, tanks, or other containers until they have been cleaned of all flammable combustible or toxic materials or fumes.

(2) All pipe lines or other connections to drums, barrels, or tanks shall be disconnected or blanked.

(3) Hollow spaces or cavities shall be vented and either filled with water or purged with an inert gas before preheating, cutting, or welding.

(4) An opening shall be maintained during welding and cutting to vent gases or vapors.

(5) The welded construction of a transmission pipeline shall be conducted in accordance with API 1104 “Standard for Welding Pipe Lines and Related Facilities,” 1973 edition, as adopted in R 408.11202.

(6) The connection, by welding, of branches to a pipeline carrying a flammable substance shall be performed in accordance with API PSD 2201 “Welding or Hot Tapping on Equipment Containing Flammables,” 1963 edition, as adopted in R 408.11202.

Editor's Note: An obvious error in R 408.11262 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 11. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

ARC WELDING AND CUTTING

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11271 Arc welding machines {#sec-r-408.11271 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11271}

Rule 1271. (1) An arc welding machine shall be capable of operating safely in the environment in which it is located. The design and construction shall enable the machine to carry its rated load with rated temperature rise where the temperature of the cooling air is not more than 104 degrees Fahrenheit and where the altitude is not more than 3,300 feet (1,000 m approx.).

(2) Where unusual service conditions, such as corrosive fumes, steam, oil vapor, flammable gases, vibration, shock, dust, or weather exist, a specially designed machine shall be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11272 Open circuit and no-load voltages of arc welding machines {#sec-r-408.11272 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11272}

Rule 1272. (1) When an arc welding machine is operated without being connected to a load, the open circuit voltage shall not exceed the values shown in table 1 when rated voltage is applied to the primary winding or when a generator type arc welding machine is operating a maximum rated no-load speed.

TABLE 1

MAXIMUM OPEN CIRCUIT VOLTAGES OF WELDING MACHINES

Max. Open Circuit (no-load) Voltage Welding Current Manual and Semiautomatic Machines Automatic Machines ac 80 rms 100 rms dc > 10% Ripple Voltage 80 rms 100 average dc < 10% Ripple Voltage 100 average 100 average (2) When welding and cutting processes require values of open circuit voltages higher than 100, insulation or other means shall be provided to prevent the operator from making accidental contact with the high voltage.

(3) Equipment working through resistors from DC trolley voltages of 250 to 600 volts shall have a protective device for automatically disconnecting the power during arc off periods.

(4) Automatic control devices for reducing no-load voltage below 50 volts shall be provided where AC welding is to be done under wet conditions that could provide a shock hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11273 Design of arc welding machines {#sec-r-408.11273 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11273}

Rule 1273. (1) A controller integrally mounted in an electric motor driven welder shall have the capacity for carrying rated motor current and shall be capable of making and interrupting stalled rotor current of the motor.

(2) Control apparatus shall be enclosed except for the operating wheels, levers, or handles. The handles and wheels shall be large enough to be grasped by a gloved hand.

(3) Input power terminals, tap change devices, and live metal parts connected to input circuits shall be completely enclosed and accessible only by use of tools.

(4) Welding lead terminals shall be protected from accidental electrical contact by personnel or metal objects. If a welding lead terminal normally used for connection to the work is connected to a grounded enclosure, it shall be done by a conductor at least 2 sizes smaller than the grounding conductor and it shall be so marked.

(5) Portable control devices, such as push buttons, shall not be connected to an AC circuit of more than 120 volts. Exposed metal parts of a portable control device operating above 50 volts shall be grounded.

(6) Auto transformers or AC reactors shall not be used to draw welding current directly from any AC power source having a voltage of more than 80 volts.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11274 Installation {#sec-r-408.11274 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11274}

Rule 1274. (1) The frame or case of a welding machine shall be grounded unless the manufacturer does not recommend it.

(2) The work on which the operator welds shall be grounded by a grounded metal floor, platen, connection to a grounded building frame, or by a direct ground to the machine. A wire used for grounding a work piece shall be capable of carrying the full welding current.

(3) A conduit containing an electrical conductor shall not be used for completing a work-lead circuit.

(4) A pipeline in service shall not be used as a permanent part of a work-lead circuit, but may be used during construction, extension, or repair if current is not carried through threaded joints, flanged bolted joints, or caulked joints and if special precautions are used to avoid sparking at connection of the work-lead cable.

(5) Chains, wire ropes, cranes, hoists, and elevators used for carrying loads shall not be used to carry a welding current.

(6) A welding cable shall be protected against damage, entanglement, or contact with power supply or high tension wires.

(7) A welding machine not provided with a controller or disconnect switch as an integral part shall have a controller or disconnect switch with overload protection provided. A disconnect switch with overload protection or overload disconnect protection or equivalent shall be provided for each outlet used by a portable welding machine.

(8) The rated current carrying capacity of the supply conductors for individual machines shall be not less than the rated primary current for the welding machine. The rated current carrying capacity of conductors for a group of welding machines may be less than the sum of the rated primary currents of the welding machines supplied. The conductor rating shall be determined in each case according to the machine loading based on the use to be made of each welding machine and the allowance permissible if all the machines supplied by the conductor will not be in use at the same time.

(9) Where a welding machine is working sufficiently close to another machine so that a welding operator is likely to touch the exposed parts of more than 1 electrode holder simultaneously, the machine shall be connected so as to minimize shock hazard as follows:

(a) DC machines shall be connected with the same polarity.

(b) AC machines shall be connected to the same phase of the supply circuit and with the same instantaneous polarity.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11275 Operation {#sec-r-408.11275 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11275}

Rule 1275. (1) Engine fuel, cooling water, or shielding gas shall not be allowed to leak.

(2) A welding machine shall be disconnected when being moved and turned off when not in use.

(3) Electrodes shall be retracted or removed when not in use. Electrode holders not in use shall be placed so that they cannot make electrical contact with an employee, fuel or gas tanks, or conducting objects.

(4) A welder shall not let live electrodes or holders touch his or her bare skin or damp clothing. When arc welding is performed in wet conditions or under a condition of high humidity, the welder shall be protected against electric shock.

(5) Electrode holders shall not be cooled by immersion in water.

(6) Welding shall not be permitted where fumes of chlorinated hydrocarbons are present unless specific ventilation and personal protective equipment is provided as specified by the Michigan Occupational Safety and Health Administration (MIOSHA) standards.

(7) Before starting an arc welding operation, the welder shall do all of the following:

(a) Make sure the work lead is secured to the work.

(b) Make sure the magnetic work clamps are free of spatter on the contact surfaces.

(c) Spread out the welding cable, if necessary, to prevent overheating and damage.

(d) Make sure grounding connections are secured to a good ground.

(e) Make sure the required switching equipment for shutting down the machine has been provided.

(8) A welder shall not curl or loop welding cable around his or her body.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11276 Maintenance of arc welding machines {#sec-r-408.11276 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11276}

Rule 1276. (1) Spliced welding cable shall not be used within 10 feet (3.05 m) of an arc welding machine.

(2) Equipment in need of repair that constitutes a safety hazard shall not be used or put in use until repairs are made by a knowledgeable employee or outside service.

(3) Cut insulation on work and lead cable or exposed bare conductors of an arc welding machine shall be protected by electrical tape and made watertight or the conductor shall be replaced. Splices shall be made by insulated welded joints or pressure connectors.

(4) An arc welding machine which has become wet shall be thoroughly dried and tested before use.

RESISTANCE WELDING

History

• History: 1979 AC.

Mich. Admin. Code R 408.11281 Resistance welding generally {#sec-r-408.11281 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11281}

Rule 1281. (1) An inspection shall be made of a resistance welding machine not less than yearly and records maintained of the findings and action taken. In addition, the operator shall report any defects to his or her supervisor. A defect which could cause injury shall be repaired before the machine is placed in operation.

(2) Each resistance welding operation shall be analyzed and safeguards and personal protective equipment shall be used where a hazard is found.

(3) The operator of a resistance welding machine and nearby employees shall be protected from flying sparks by shields, curtains, goggles, or a combination of a face shield and safety glasses as prescribed in R 408.11211.

(4) A resistance welding machine shall be installed by a qualified employee under the direction of a licensed electrician or supervised by a welding engineer.

(5) A disconnect switch, circuit breaker, or circuit interrupter shall be installed on or near the machine so that power can be shut off and locked out when the machine needs servicing.

(6) A pair of ignitron tubes used in resistance welding equipment shall be equipped with a thermal protection switch. When used in a series connected water line, a single switch shall be sufficient if related to the downstream tube.

(7) Controls for automatic, air, or hydraulic clamps and resistance machines shall be located or guarded to prevent accidental activation.

(8) A foot control for a resistance welder, other than that used to apply weld pressure, shall be guarded to prevent accidental activation.

History

• History: 1979 AC; 1983 AACS; 1988 AACS.

Mich. Admin. Code R 408.11282 Nonportable spot and seam welding machines {#sec-r-408.11282 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11282}

Rule 1282. (1) An external weld initiating control circuit for a nonportable spot or seam welding machine shall operate at not more than 120 volts for stationary equipment and not more than 36 volts for portable equipment.

(2) Stored energy or capacitor discharge type of resistance welding equipment and control panels involving more than 500 volts (550 rms volts) shall be insulated and completely enclosed. Doors of this equipment and control panels shall be interlocked in a manner to interrupt the power and short circuit all capacitors when the door is opened. In addition to the mechanical interlock, a manually operated switch or equivalent device shall be installed to insure absolute discharge of the capacitors.

(3) The door and access panel of the resistance welding machine and its control panel accessible at production floor levels shall be kept locked or interlocked to prevent entry by unauthorized employees to energized portions of the equipment. A door or access panel shall be considered locked if a key or wrench is required to open it.

(4) Where an operator's fingers are inserted between the electrodes during operation of a press welding machine, a device or guard, such as but not limited to an electric eye, 2-hand control, barriers or pull backs shall be provided and used.

(5) One or more safety emergency stop devices shall be provided on all multispot welding machines with a minimum of 1 stop device at each operator position.

(6) A large welding press shall be equipped with one or more safety pins, latches, or blocks capable of sustaining the full static load. The blocks, pins, and latches shall be electrically interlocked with the power source so that when the blocks are removed from their storage area on the machine and inserted under the ram or platen, the machine becomes inoperative.

(7) The welding transformer secondary shall be grounded by one of the following:

(a) Permanently grounding 1 side of the welding secondary circuit.

(b) Connecting a grounding reactor across the secondary winding with a reactor tap to ground.

(c) As an alternate, on nonportable machines, arranging for an isolation contactor to open 1 side of the line, while the welding or electronic contactor shall open the other side.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11283 Portable welding guns {#sec-r-408.11283 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11283}

Rule 1283. (1) Unless the design makes it unnecessary, a portable welding gun shall be counterbalanced including the cables.

(2) All suspended portable welding gun equipment, except the gun assembly, shall be equipped with a safety chain or cable capable of supporting the total shock load in event of failure of any component of the supporting system.

(3) When a trolley is used to support a portable welding machine with a clevis for attachment to a safety chain, the clevis shall be wrought or forged steel and capable of supporting the shock load in event of failure of the trolley.

(4) The movable holder shall have such clearance where it enters the welding gun frame that a shear action cannot take place if the operator's fingers are placed on the operating movable holder or guarding shall be provided.

(5) The secondary and case of a portable welding transformer shall be grounded by a center tapped secondary or by a center tapped grounding reactor connected across the secondary.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11284 Flash welding {#sec-r-408.11284 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11284}

Rule 1284. (1) A flash welding machine shall be equipped with a hood to control flying flash.

(2) For the protection of an operator of nearby equipment, fire-resistant curtains or suitable shields shall be set up around the machine and in such a manner that the operator's movements are not hampered.

ACETYLENE GENERATORS

History

• History: 1979 AC.

Mich. Admin. Code R 408.11291 Acetylene generators; marking; pressure limits {#sec-r-408.11291 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11291}

Rule 1291. (1) An acetylene generator shall be of approved construction and permanently marked with the following information:

(a) Manufacturer's name and address.

(b) Name or model number of the generator.

(c) Capacity in cubic feet per hour.

(d) Weight and size of carbide of a single charge.

(2) The carbide used shall be not more than that marked on the acetylene generator and the rated capacity shall not be exceeded. Unless the generator is especially rated higher, a carbide feed generator shall not be rated at more than 1 cubic foot per hour per single charge.

(3) A relief valve for a generating chamber shall be set to open at a pressure of not more than 15 psig (103 kPa gage). A relief valve for a hydraulic back pressure valve shall be set to open at a pressure of not more than 20 psig (137.4 kPa gage).

(4) A nonautomatic generator used for generating acetylene shall be set to operate at a pressure of not more than 1 psig (.687 kPa gage) and all water overflows shall be visible.

(5) An acetylene generator shall be so located that there will be unobstructed space around it to operate the machine without interference to or from other machines or employees and to permit adjustment and charging.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11292 Stationary acetylene generators {#sec-r-408.11292 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11292}

Rule 1292. (1) An acetylene generator shall be installed level and in a manner not to place a strain on the generator or its connections. A generator shall be electrically grounded.

(2) A generator shall be located where water will not freeze. Heating shall be by steam, hot water, or other indirect means. Open flames, fire, or other sources of ignition shall not be permitted inside a generator house, room, or in any enclosure communicating with them. Sodium chloride or other corrosive chemicals shall not be used for protection against freezing.

(3) A water supply line to an acetylene generator with a noncontinuous connection shall terminate not less than 2 inches (5.08 centimeters) above the fill opening so that the water can be observed as it enters the generator. A supply line with a continuous connection shall be used only when the generator is provided an open overflow or an automatic water shutoff which will prevent overfilling the generator.

(4) An acetylene generator shall discharge only through an open connection into a vented outdoor receptacle or residue pit.

(5) Each generator shall be provided with a vent pipe of galvanized iron or steel. The pipe shall be secured to the building without a trap and shall be installed so that condensation will drain back to the generator.The pipe shall carry to outside the building and shall terminate in a hood or bend not less than 12 feet from the ground and 3 feet (.91 meters) from combustible construction, away from a window or other opening in a building and any source of ignition, and shall be constructed so that rain, snow, insects, or birds cannot obstruct the opening. The vent pipes from several generators shall not be interconnected, but shall lead outside separately.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.11293 Gas holders {#sec-r-408.11293 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11293}

Rule 1293. (1) A gas holder shall be constructed on the gasometer principle, the bell being suitably guided. The gas bell shall move without a tendency to bind and shall have a clearance of not less than 2 inches (5.08 cm) from the shell.

(2) The compressor or booster cutoff of a gas holder shall be located 12 inches above the landing point of the gas bell to prevent collapse of the bell.

(3) A gas holder shall be located in a heated and ventilated room as prescribed in R 408.11292(2) and the Michigan Occupational Safety and Health Administration (MIOSHA) standards. When heat is not supplied, the gas holder seals shall be protected from freezing.

(4) A means shall be provided to stop the generator feeding mechanism before the gas holder reaches the upper limit of its travel. A gas holder connected to only 1 generator shall have a capacity of not less than 1/3 of the hourly rating of the generator.

(5) Protective devices shall be installed in each supply line when acetylene is used from a gas holder without an increase in pressure at some points but with increased pressure by a compressor or booster pump at other points. A low pressure protective device shall be installed between the gas holder and the shop piping, and a medium pressure protective device shall be installed between the compressor or booster pump and the shop piping (see FIGURE 2). Approved protective equipment is used to prevent all of the following:

(a) Backflow of oxygen into a fuel gas supply system.

(b) Passage of a flashback into a fuel gas supply system.

(c) Excessive back pressure of oxygen in the fuel gas supply system. The 3 functions may be combined in 1 device or may be provided by separate devices.

(6) A compressor or booster pump shall be located in a ventilated area away from sources of ignition.

(7) A compressor or booster pump shall be provided with a pressure relief valve which will relieve at not more than 15 psig (103.5 kPa gage) as prescribed in R 408.11292(5). The discharge outlets of a compressor or booster pump shall be provided protective equipment as prescribed in R 408.11252.

FIGURE 2

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11294 Stationary acetylene generators; outside houses and inside rooms {#sec-r-408.11294 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11294}

Rule 1294. (1) An opening in an outside acetylene generator house shall not be located within 5 feet (1.6 meters) of an opening in another building. The walls, floor, and roof shall be of noncombustible construction with a 1-hour, fire-resistance rating.

(2) Where part of a generator house is used for storage or manifolding of oxygen cylinders, the space to be occupied shall be separated from the generator or carbide storage section by construction partition walls continuous from floor to ceiling, gastight, constructed as prescribed in subrule (1) of this rule, securely anchored and with not less than 1 exterior wall. Separation walls shall be without openings. Exit doors shall be located so as to be accessible in an emergency.

(3) Explosion venting for generator houses and rooms shall be provided in the exterior wall or roof. The venting area shall be equal to not less than 1 square foot (.092 square meters) per 50 cubic feet (1.42 cubic meters) of room volume and may consist of 1 or any combination of the following:

(a) Walls of light, noncombustible material, preferably single-thickness, single-strength glass.

(b) Lightly fastened hatch covers.

(c) Lightly fastened swinging doors on exterior walls which swing outward.

(d) Lightly fastened walls or roof designed to relieve at a pressure of not more than 25 pounds (11.35 kilograms) per square foot.

(4) The installation of an acetylene generator within a building shall be restricted to a 1story building or roof or top floor of a multistory building. A generator installed inside a building shall be enclosed in a separate room and constructed as prescribed in subrule (2) of this rule.

(5) A generator room or house shall be equipped with vents located at ceiling and floor levels.

(6) Illumination during daylight hours shall be by natural light. Where artificial lighting is necessary, it shall be from explosion-proof fixtures and controls. Wiring shall run through rigid conduit with threaded connectors. Telephone and other electrically powered apparatus either shall be designed for an explosive atmosphere or located outside the generator room or house.

History

• History: 1979 AC; 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.11295 Portable acetylene generators {#sec-r-408.11295 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11295}

Rule 1295. (1) A portable acetylene generator shall not be used within less than 10 feet (3.2 m) of combustible material other than the floor.Ceiling height shall be not less than 10 feet (3.2 m).

(2) A portable generator shall be located in a room with a total volume of not less than 35 times the total gas generating capacity per charge of all generators in the room.

The gas generating capacity in cubic feet per charge is figured by multiplying the pounds of carbide per charge by 4 1/2.

(3) A portable acetylene generator shall:

(a) Be protected from freezing. Salt or other corrosive chemicals shall not be used.

(b) Be cleaned, recharged and the air mixture blown off outside the building.

(c) Not be moved by a crane or derrick when charged. When transported and operated on a vehicle, it shall be secured to the vehicle. The generator shall not be operated, charged or cleaned while vehicle motor is running.

(d) Not be stored in a room in which an open flame is used unless the generator contains no carbide and has been purged of acetylene. The storage room shall be ventilated.

(e) Be protected from any source of spark or flame.

(4) A portable generator shall be of a type approved for portable use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11296 Maintenance and operation {#sec-r-408.11296 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11296}

Rule 1296. (1) An unauthorized employee shall not enter an acetylene generator room or house.

(2) Operating instructions shall be posted near the acetylene generator for ready reference.

(3) A batch type acetylene generator shall be flushed with water and the water supply replenished after a charge of carbide is exhausted, before additional carbide is added.

(4) The water carbide residue mixture shall be piped into a settling pit not a sewer pipe. Only the clear water from the settling pit may be discharged into a sewer pipe.

(5) Carbide added to an acetylene generator shall refill the space provided without ramming the charge. Steel or other ferrous tools shall not be used.

(6) The water chamber of an acetylene generator shall be maintained at the indicated level except when draining during a recharging operation.

(7) Prior to making a repair involving a source of ignition, such as welding, soldering, or other hot work, the carbide charge and feed mechanism shall be removed. All acetylene shall be expelled by completely flooding the generator with water and disconnecting the generator from the piping system. Water shall be maintained in the generator until repairs are completed. Hot repairs shall not be made in a room or house with other acetylene generators unless all generators and piping have been purged.

(8) Whenever repairs are to be made, or the generator is to be charged, or the carbide is to be removed, the water chamber shall be filled to the proper level.

CARBIDE STORAGE

History

• History: 1979 AC.

Mich. Admin. Code R 408.11297 Carbide storage; general {#sec-r-408.11297 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11297}

Rule 1297. (1) Carbide shall be contained in metal packages capable of containing the material without rupture. The package shall be made watertight and airtight without using a solder that would melt during a fire. The package shall have a screw top or equivalent.

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.11298 Carbide storage indoors {#sec-r-408.11298 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11298}

Rule 1298. (1) Inside storage areas for carbide shall not be protected by a sprinkler system.

(2) Carbide stored indoors shall not exceed 600 pounds (272.2 kilograms).

The area shall be dry, waterproof, and ventilated. Carbide storage with cylinders of fuel gas shall not exceed 600 pounds (272.2 kilograms).

(3) Packages of carbide, except for 1 of each size, shall be kept sealed. A seal shall not be broken when there is more than 1 pound (.454 kilograms) of any other unsealed package of the same size of carbide in the room.

(4) Carbide in excess of 600 pounds (272.2 kilograms), but not more than 5,000 pounds (2267.96 kilograms), shall be stored as follows:

(a) In an inside acetylene generator room or outside generator house.

(b) In a separate room of a 1-story building, which may contain other occupancies, that is without a cellar or basement beneath the carbide storage area.

This room shall be constructed as prescribed in R 408.11294 and shall not be used for any other purpose.

(c) In a 1-story building which is without a cellar or basement and which is used for no other purpose. If the building is of noncombustible construction, it may adjoin another 1-story building, but the buildings shall be separated by an unpierced firewall. If the building is separated by less than 10 feet (3.2 meters) from another building, there shall be no openings in the mutually exposed sides within 10 feet (3.2 meters). If the carbide storage building is of combustible construction, it shall be not less than 20 feet (6.4 meters) from any other 1- or 2-story building and not less than 30 feet (9.6 meters) from any other building more than 2 stories.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.11299 Carbide storage outside {#sec-r-408.11299 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11299}

Rule 1299. (1) Only unopened metal containers of carbide shall be stored outside.

(2) The container of carbide stored outside shall be inspected monthly for water and air tightness and rusting.

(3) The bottom tier of each row of carbide containers shall be placed on wooden planking or equivalent so that the container will not make contact with the ground or ground water.

(4) Containers of carbide shall be used on a first in, first out basis.

History

• History: 1979 AC; 1981 AACS.

R 408.11301 to R 408.11301 Part 13. Derricks

Mich. Admin. Code R 408.11301 Rescission of federal standards {#sec-r-408.11301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11301}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

GENERAL INDUSTRY SAFETY STANDARDS COMMISSION

(By authority conferred on the general industry safety standards commission by sections 16 and 21 of Act No. 154 of the Public Acts of 1974, as amended, being SS408.1016 and 408.1021 of the Michigan Compiled Laws)

PART 13. DERRICKS

Rule 1301. The following provisions of 29 C.F.R. 1910.181, incorporated by reference in section 14 of Act No. 154 of the Public Acts of 1974, being S408.1014 of the Michigan Compiled Laws, are rescinded:

(a) 1910.181(f)(2)(i)(g).

(b) 1910.181(f)(3)(iii)(c).

History

• History: 1982 AACS.

R 408.11401 to R 408.11461 Part 14. Conveyors

Mich. Admin. Code R 408.11401 Scope {#sec-r-408.11401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 14. CONVEYORS

Rule 1401. This part applies to the construction, maintenance, and operation of conveyors and conveying machinery in, about, or around employment. This part does not apply to industrial trucks, underground mining conveyors, passenger conveyors, stacker cranes, driverless electronic tugs, or construction equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11402 Referenced standards {#sec-r-408.11402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11402}

Rule 1402. The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety and Health Standard Part 7. “Guards for Power Transmission,” R 408.10701 to R 408.10765.

History

• History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 408.11403 Definitions; A to C {#sec-r-408.11403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11403}

Rule 1403. (1) "Aisle" means a path of travel for vehicles and employees.

(2) "Belt conveyor" means an endless belt operating between a drive and a tail-end, with or without bend terminals, and over idler rolls or slider beds that handles bulk materials, packages, or objects placed directly on the belt. See figure 2.

(3) "Belt tripper" means a device incorporating a system of pulleys that cause a conveyor belt to load or unload material at 1 or more points along the length of a belt conveyor. See figure 3.

(4) "Bucket, gravity discharge or pivoted bucket conveyor" means a series of buckets mounted between 2 endless chains or on a belt which may operate in horizontal, inclined or vertical paths. See figure 4.

(5) "Conveyor" means a horizontal, inclined or vertical device for moving or transporting bulk materials, packages or objects in a predetermined path by design and having points of loading or discharge fixed or selective.

(6) "Crossover" means a stile-like device used to cross over a conveyor or machine.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.11404 Definitions; D to I {#sec-r-408.11404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11404}

Rule 1404. (1) "Declined conveyor" means a conveyor transporting down a slope.

(2) "Extendable conveyor" means a conveyor which may be lengthened or shortened by power to suit operating needs.

(3) "Hanger" means a bearing, housing or frame which supports a shaft below a point at which the hanger is attached to the conveyor frame, trough or other structure.

(4) "Hinged section" means a section of conveyor equipped with a hinge mechanism for movable service.

(5) "Horizontal reciprocating or walking beam conveyor" means a reciprocating beam or beams that through hinged flights, special fixtures or other means advances material in a horizontal plane. See figure 7.

(6) "Inclined conveyor" means a conveyor transporting up a slope.

(7) "Indexing" means the controlled starting or stopping of a conveyor by distance or time.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11405 Definitions; L to N {#sec-r-408.11405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11405}

Rule 1405. (1) "Live roller conveyor" means a series of rollers over which objects are moved by application of power to some or all of the rollers.

(2) "Means of egress" means a continuous path of travel from any point in a building to the open air outside at ground level.

(3) "Monorail or trolley conveyor" means a series of trolleys supported from or within an overhead track and connected by an endless propelling medium, such as a chain, cable or other linkage, with loads usually suspended from the trolley.

(4) "Nip point" means that point where a moving object creates a pinch or shearing action with a fixed or another moving object.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11406 Definitions; P {#sec-r-408.11406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11406}

Rule 1406. (1) "Passageway" means a path of travel for foot traffic only.

(2) "Pinch point" means a point at which it is possible to be caught between moving parts of a machine or between moving and stationary parts of a machine, or between the material and any part of a machine.

(3) "Pneumatic conveyor" means a system of tubes or ducts through which objects or bulk materials are conveyed by a pressure or vacuum system. See figure 5.

(4) "Portable conveyor" means a transportable conveyor, usually having supports which provide mobility. See figure 6.

(5) "Pulley" means a wheel, usually cylindrical but sometimes polygonal in cross section, with the wheel's center board for mounting on a shaft and used to transmit power or change direction.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11407 Definitions; R to V {#sec-r-408.11407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11407}

Rule 1407. (1) "Rollback" means an uncontrolled run of a conveyor down an inclined slope opposite to the direction of intended travel.

(2) "Roller conveyor" means a series of rollers supported in a frame over which packages or objects are moved manually, by gravity or by power. See figure 8.

(3) "Runaway" means an uncontrolled run of a conveyor on a declined slope in the direction of intended travel.

(4) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(5) "Safety limit switch" means a final device used to disconnect power to a conveyor in case of control or operator failure.

(6) "Slat conveyor" means 1 or more endless chains to which non-overlapping, noninterlocking, spaced slats are attached to form a moving support for packages or objects being conveyed. See figure 9.

(7) "Suspended tray conveyor" means pendant trays or carriers attached to 1 or more endless chains which receive and deliver packages or objects at 1 or more locations. See figure 10.

(8) "Vertical reciprocating conveyor" means a conveyor with power or counterbalanced gravity actuated carriers which receive and discharge material to other elevations.

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 408.11411 Employers' and employees' general responsibilities {#sec-r-408.11411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11411}

Rule 1411. (1) An employer shall provide training to an employee working on or by a conveyor regarding the hazards and safeguards of such work.

(2) An employer shall establish an inspection program to maintain conveyor components in a condition which does not constitute a hazard to the employee.

(3) An employee shall not ride, cross or walk on a conveyor unless it is designed for riding or crossovers are provided as specified in R 408.11425, except a floor-level slat type conveyor moving at not more than 60 feet per minute. A chain or cable conveyor used to tow objects does not require a crossover if the conveyor is not more than 8 inches above the floor, 12 inches in width and painted yellow in color.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11412 Maintenance {#sec-r-408.11412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11412}

Rule 1412. (1) Lubrication shall be accomplished by 1 of the following methods:

(a) Scheduling when a conveyor can be shut off and locked out.

(b) Automatic pressure or gravity feed system.

(c) Extension pipe leading to an area outside of guards or away from any hazard.

(2) Lubrication must comply with General Industry Safety Standard Part 7 “Guards for Power Transmission,” as referenced in R 408.11402.

(3) Repairs or clean up, where unexpected motion would cause injury, shall be done when power is off and locked out.

(4) A walkway or catwalk along a conveyor shall be maintained clear of spills or other obstructions which may be a slipping or tripping hazard.

(5) A flammable cleaning fluid used in splicing of belts shall be kept in a safety container. Welding, cutting, or smoking shall not be permitted in the area where flammable cleaning fluids are being used.

Editor's Note: An obvious error in R 408.11412 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2017 MR 4. The memorandum requesting the correction was published in Michigan Register, 2017 MR 6.

DESIGN

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 408.11421 Guarding {#sec-r-408.11421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11421}

Rule 1421. (1) Where a hazard exists, guards must be provided to protect an employee from contact with moving parts where adjustments are required when a conveyor is in operation.

(2) A lift or transfer point must have any nip point guarded and must have a means of complying with power lockout rules.

(3) A conveyor that indexes must be guarded so that an employee will not be caught or trapped by the sudden movement of the conveyor.

(4) A conveyor must be guarded so that an employee will not be caught or trapped between the conveyor and a stationary or moving part.

(5) A trolley conveyor installed overhead and dipping to a work station must have a guard or barrier in compliance with General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” as referenced in R 408.11402, or the area must be designated as non-pedestrian and telltales must be hung along the portion of the conveyor that dips to protect an employee from accidental injury.

(6) An opening for a conveyor through a floor or wall must be guarded in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.11402.

(7) A conveyor passing over a walkway, passageway, or work area must be provided with a pan or screen-type guard containing sides sufficient to contain any falling material that would cause injury. The designed strength of the guard must be capable of and must continue to withstand the maximum impact load.

History

• History: 1979 AC; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 408.11422 Counterweights {#sec-r-408.11422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11422}

Rule 1422. (1) A counterweight and its pulleys shall be enclosed pursuant to General Industry Safety Standard Part 7 “Guards for Power Transmission,” as referenced in R 408.11402.

(2) A counterweight and its pulleys suspended more than 7 feet above the floor or ground, in an area where an employee could walk, shall have an enclosure around the area of impact or a catch pan under the counterweight of such strength and design to hold the counterweight and pulley from dropping to the ground, floor, or platform.

(3) A counterweight attached to an arm shall have a bolt fastened near the end of the arm or a cable or chain attached to the counterweight to prevent its dropping off the arm.

Editor's Note: An obvious error in R 408.11412 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2017 MR 4. The memorandum requesting the correction was published in Michigan Register, 2017 MR 6.

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 408.11423 Take-up {#sec-r-408.11423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11423}

Rule 1423. Where a spring take-up is used to maintain tension on a conveyor, the spring and fastening assembly shall be constructed to retain the spring assembly in case of breakage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11424 Hinged sections {#sec-r-408.11424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11424}

Rule 1424. (1) A manually operated hinged section for employee passage through a gravity roller conveyor, chute, belt, or other type of conveyor that requires more than a 40-pound lifting effort to operate shall be counterbalanced.

(2) A power operated section for employee passage shall be provided with a mechanical safety device which shall prevent the section from falling in case of power failure.

(3) A power conveyor having a hinged section used for the purpose of clearing a passageway shall be designed so that the section cannot be raised while the conveyor is in operation or the material being conveyed shall be stopped when the section is raised.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11425 Crossovers {#sec-r-408.11425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11425}

Rule 1425. (1) A clearance of 80 inches above a floor or platform must be maintained as a means of egress. Where a conveyor reduces this clearance, a crossover, passageway, or different means of egress must be provided.

(2) A crossover must be in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.11402.

(3) A crossover that cannot clear packages or objects on the conveyor must be hinged to swing out of the way or a sensing device must be provided to stop the conveyor if the crossover has not been moved.

History

• History: 1979 AC; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 408.11426 Passageways and walkways {#sec-r-408.11426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11426}

Rule 1426. (1) A passageway under a conveyor shall have not less than 5 feet of headroom except a main aisle shall have not less than 80 inches of headroom. Where the headroom is less than 80 inches, telltales and illumination of not less than 10 foot candles shall be provided to indicate low headroom.

(2) A maintenance walkway shall be not less than 18 inches wide where it runs along a conveyor.

(3) A walkway along a conveyor in a pit or tunnel shall have illumination of at least 10 foot candles when an employee is required to work in the area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11427 Safety factors {#sec-r-408.11427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11427}

Rule 1427. (1) Structural supports of a conveyor shall be designed and constructed with a minimum design safety factor of at least 3 which shall include static and dynamic loads.

(2) A hook or carrier used on a monorail and a trolley conveyor to carry objects shall be designed with a minimum safety factor of 5 and maintained to hold the object or carriers without creating a hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11428 Adjustment {#sec-r-408.11428 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11428}

Rule 1428. A conveyor capable of adjustment to variable fixed elevations shall be equipped with a locking device to hold the conveyor at any altitude where failure to hold would create a hazard to an employee.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11429 Rollbacks and runaways {#sec-r-408.11429 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11429}

Rule 1429. Rollbacks and runaways on a conveyor shall be controlled by 1 or more of the following:

(a) Track design.

(b) Back stops.

(c) Ratchets or one-way clutch on drive pulleys.

(d) Anti-runaway devices.

(e) Automatically applied brakes.

ELECTRICAL

History

• History: 1979 AC.

Mich. Admin. Code R 408.11431 Rescinded {#sec-r-408.11431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11431}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11432 Starting {#sec-r-408.11432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11432}

Rule 1432. (1) A starting button, except a control button in a console for a manually programed multi-conveyor system, shall be equipped with a device to prevent accidental actuation.

(2) A powered conveyor, which would cause injury when started, shall not be started until employees in the area are alerted by a signal or by a person in authority that the conveyor is about to start.

(3) Power to a conveyor shall be wired so that after an interruption of electrical service, the conveyor shall not automatically restart upon resumption of electrical service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11433 Stop devices {#sec-r-408.11433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11433}

Rule 1433. (1) An emergency stop device shall be available at each point of operation where a hazard exists and within reach of an employee at that point.

(2) An emergency stop device of the momentary-contact type shall have a means of being maintained by a device in the "off" position.

(3) If more than 1 stop device is located along a conveyor, the devices shall be wired so that the conveyor can be made re-startable only at the location where stopped.

(4) A stop device, except a pull cord, shall be distinguished by its red color.

(5) Conveyors in a series shall be electrically interlocked so that when any conveyor in the series is stopped for any reason, the initial stopping shall cause the upstream conveyors to stop if continued operation creates a hazard.

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 408.11434 Rescinded {#sec-r-408.11434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11434}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11435 Grounding {#sec-r-408.11435 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11435}

Rule 1435. Where an explosion hazard exists, such as, but not limited to, dust or fumes, a means of draining the potential static electricity build up shall be provided and used.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11436 Rescinded {#sec-r-408.11436 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11436}

SPECIFIC CONVEYORS

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.11441 Auger and screw conveyors {#sec-r-408.11441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11441}

Rule 1441. An auger or screw conveyor, with an opening not screened or covered and secured by bolts or clamps, shall be equipped with an interlocked cover which shall cut the power when raised and not start until the cover is replaced and the starter actuated.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11442 Belt conveyors {#sec-r-408.11442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11442}

Rule 1442. (1) A belt conveyor using a belt tripper or other moving deflector which requires an operator to travel on the belt tripper shall have the operator's platform designed to safeguard the operator from falling or coming in contact with moving or stationary parts.

(2) A nip point at a pulley shall be guarded by an enclosure or barrier constructed to prevent access by an employee's body members or loose clothing.

(3) A belt conveyor for bulk material shall have built up sides where material spilling over the sides is a hazard.

(4) A pulley with rotating shaft shall have projecting shaft ends covered or cut flush with the hanger.

(5) A shuttle or movable hopper mounted on wheels shall have sweeps fastened ahead of the wheels with an opening of not less than 3/8 inch between the sweep and the rail.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11443 Belt trippers {#sec-r-408.11443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11443}

Rule 1443. A belt tripper, with or without an operator, shall be equipped with a safety limit switch and a fixed stop to prevent overrun at each end of the runway which shall shut off the power if the tripper moves too close to the end of the runway.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11444 Bucket, pivoted bucket and gravity-discharge conveyors {#sec-r-408.11444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11444}

Rule 1444. A bucket, pivoted bucket, or gravity-discharge conveyor shall be enclosed with a guard or barrier to protect operating personnel.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11445 Carrier and trolley conveyors {#sec-r-408.11445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11445}

Rule 1445. A manually powered carrier or trolley conveyor shall have a protective device on the carrier or rail to prevent the carrier from dropping off the rail or off the end of the rail.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11446 Extendable conveyors {#sec-r-408.11446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11446}

Rule 1446. An extendable conveyor shall be equipped with a device located on the outermost end which shall stop movement of the conveyor when contact is made by the device.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11447 Pneumatic conveyors {#sec-r-408.11447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11447}

Rule 1447. (1) A pneumatic conveyor shall be designed so that doors to pressure vessels cannot be opened when there is a positive internal pressure.

(2) A gasket holding line pressures shall be shielded to prevent a gasket leak from projecting the conveyed material into a work area if the material would cause a hazard.

(3) A receiver or storage bin shall be equipped with full bin indicators or controls to prevent overfilling, if overfilling will create a hazard.

(4) A pneumatic conveyor carrying oxidizable materials shall be designed for hazards, such as but not limited to explosion, fire or corrosion.

(5) A pneumatic conveyor serving an area containing contaminated air shall be designed so that the contaminated air cannot be transported to another area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11448 Portable conveyors {#sec-r-408.11448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11448}

Rule 1448. The stability of a portable conveyor shall be provided by 1 or more of the following:

(a) Securing to a fixed object.

(b) Use of outriggers.

(c) A base width of not less than 1/3 the height.

(d) A base as wide as the distance from the floor to the center of gravity.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11449 Reciprocating conveyors {#sec-r-408.11449 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11449}

Rule 1449. (1) A reciprocating conveyor shall have inside and outside nip points guarded.

(2) If the reciprocating member of a horizontal reciprocating conveyor moves within 18 inches of a wall or other object, a barrier shall be installed at the end to prevent access by an employee.

(3) A vertical reciprocating conveyor which is manually loaded or unloaded shall be guarded with an interlock door or gate to prevent an employee being caught within a nip point.

(4) The carriage and controls of a vertical reciprocating conveyor shall be designed and installed to prevent use of the conveyor as a man lift.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11450 Roller conveyors {#sec-r-408.11450 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11450}

Rule 1450. (1) A roller conveyor with a hinged section or with an open discharge end shall be equipped with a stop device projecting above the rollers which shall prevent a package or object from being discharged off the conveyor unless it is so designed to discharge.

(2) Nip points between power and idler rolls or delivery conveyors and idler rolls shall be eliminated by 1 of the following:

(a) The idler roller set in a 45 degree inclined slot in the direction of travel.

(b) Steel plates welded between the rolls with a maximum of 1/8 inch between plate and rolls.

(c) The idler roller set in a horizontal slot and connected with an interlock switch which will stop the conveyor.

(d) A device which offers equal or better protection may be substituted for subdivision (a), (b), or (c) of this subrule.

(3) The nip point between a belt and a carrier roller on a belt drive live roller conveyor shall be protected by pop-out type carrier rollers or steel plates as prescribed in subrule (2)(a) and (b) of this rule. The belt conveyor shall be guarded as specified in R 408.11442.

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 408.11451 Slat conveyors {#sec-r-408.11451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11451}

Rule 1451. (1) A slat conveyor with the slat spaced 1 inch or more apart and moving at floor level or in work areas shall have a solid smooth bed under the slats to prevent a shear hazard.

(2) A slat conveyor with slats more than 1/4 inch, but less than 1 inch apart, and moving at floor level or in a work area shall not have any nip point less than 4 inches below the slats.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11452 Suspended tray or vertical opposed shelf chain conveyors {#sec-r-408.11452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11452}

Rule 1452. A suspended tray or vertical opposed shelf chain conveyor which is manually loaded or unloaded shall have safety devices, such as but not limited to lintel and sill switches or deflectors, to safeguard an employee.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11461 Clothing, jewelry and fire precautions {#sec-r-408.11461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11461}

Rule 1461. (1) Loose clothing and jewelry, including, but not limited to, long or floppy sleeves or pants with large pantlegs or cuffs, rings, wrist watches, bracelets, ties, and scarves shall not be worn around conveyors where they constitute a hazard to an employee.

(2) Where combustibles, such as, but not limited to, coal or grain, are conveyed or stored, and where a fire caused by slippage between a drive pulley and a belt would create a hazard, the conveyor shall be equipped with a device so adjusted that a 5% loss of full load rated speed of the belt shall shut down the belt drive.

History

• History: 1979 AC.

R 408.11701 to R 408.11732 Part 17. Refuse Packer Units

Mich. Admin. Code R 408.11701 Scope {#sec-r-408.11701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 17. REFUSE PACKER UNITS

Rule 1701. This part applies to the safe design, use and maintenance of mobile and stationary equipment used in the collection and compaction of solid waste in, around, or about places of employment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11704 Definitions; C to H {#sec-r-408.11704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11704}

Rule 1704. (1) "Container" means a bin used for collection of refuse at a point of origin.

(2) "Hopper" means a part on a refuse packer unit for receiving refuse.

(3) "Hydraulic piping" means flexible or rigid tubing used to transfer fluids under pressure.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11705 Definitions; L to P {#sec-r-408.11705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11705}

Rule 1705. (1) "Loading sill" means the ledge of a hopper over which refuse is deposited into the hopper.

(2) "Mobile refuse packer unit" means a motor powered vehicle equipped with a body which receives solid waste material and compacts it under pressure.

(3) "Packer blade or panel" means a metal plate which moves the solid waste material from a hopper into a holding unit.

(4) "Pinch point" means a point at which it is possible to be caught between moving parts of a machine or between moving and stationary parts of a machine.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11706 Definitions; R, S {#sec-r-408.11706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11706}

Rule 1706. (1) "Receiving box" means a receptacle which receives refuse from a stationary refuse packer unit.

(2) "Refuse" means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and solid market and industrial wastes.

(3) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(4) "Stationary refuse packer unit" means a unit which remains at 1 location and receives solid waste material and compacts it under pressure.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11711 Employer responsibilities {#sec-r-408.11711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11711}

Rule 1711. An employer shall:

(a) Provide instruction and training before assigning an employee to a refuse packer unit.

(b) Use a refuse packer unit within its maximum rated capacity.

(c) Maintain a refuse packer unit within its maximum rated capacity.

(d) Establish and maintain a lockout procedure as prescribed in subrules (3) and (4) of R 408.11715.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11713 Employee responsibilities {#sec-r-408.11713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11713}

Rule 1713. An employee shall:

(a) Use the guards and other safety features provided on a refuse packer unit.

(b) Use personal protective devices provided by the employer.

(c) Use a refuse packer unit only after he is instructed and trained in its safe operation.

(d) Use a refuse packer unit within the maximum rated capacity of the equipment.

(e) Report damage to or failure of a refuse packer unit.

(f) Not eject or dump a loaded refuse packer unit until all employees are clear of the rear of the unit.

(g) Not ride on the rear steps of a mobile packer unit when it is backing up.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11715 Operation of refuse packer units {#sec-r-408.11715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11715}

Rule 1715. (1) An employee shall not pass or work under any elevated equipment or part thereof, except when protected by a truck cab or when the elevated part is supported by a prop extending to the vehicle, which prop shall:

(a) Be of such strength as to sustain the load.

(b) Maintain support in case of movement of the vehicle or mechanical failure.

(2) An operator shall not eject or dump a loaded unit until all employees are clear of the rear of the unit.

(3) A lockout procedure for a refuse packer unit shall be established and followed whereby the power shall be shut off and the key removed before and during repairs to the packer or compaction mechanism, except during maintenance testing.

(4) A power source of a stationary refuse packer unit to be repaired, serviced or set-up shall be locked out by each employee while doing such work. Any residual pressure shall be relieved before and during the work.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11716 Hoisting cables and chains {#sec-r-408.11716 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11716}

Rule 1716. (1) A chain and its component parts, other than alloy steel chain having a minimum tensile strength of 125,000 pounds per square inch, shall have a designed safety factor of not less than 5. Alloy chain shall not be used in excess of the working load in straight tension for its size as prescribed in table 1.

(2) A hoist cable and its component parts for mobile refuse packer units shall have a designed safety factor of not less than 2 based on the applied pull.

(3) A hoist cable shall be inspected on installation and monthly thereafter.

(4) A hoist cable shall not be used if, in any length equal to 8 diameters of the cable, the total number of visible broken wires exceeds 10% of the total number of wires, or if the cable shows other signs of excessive wear, corrosion, kinks or bird caging.

(5) Where a "U" type cable clamp or clip is applied, it shall comply with table 2.

(6) The hydraulic relief valve in a cable operating system shall be set at the manufacturer's rating and sealed.

(7) A hoist cable bent to form an eye shall be equipped with a metal thimble.

Figure for 408.11716 (1 of 2)

Note: There is only one correct method of installing wire rope clips.They should be attached to rope ends as shown in photograph above. The base of each clip should bear against the live, or long rope end, and the U-bolt should bear against the dead or short rope end.

Figure for 408.11716 (2 of 2)

History

• History: 1979 AC.

Mich. Admin. Code R 408.11717 Hydraulic piping {#sec-r-408.11717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11717}

Rule 1717. (1) Hydraulic piping shall have a designed safety factor of not less than 4.

(2) A refuse packer unit with a leaking hydraulic system, in excess of normal seepage, which constitutes a hazard to an employee or potential malfunction of equipment, shall not be used until it is repaired.

(3) An employee shall be protected from contact with hydraulic piping capable of causing a burn. The hydraulic piping shall be located or guarded to prevent damage from being struck or by striking other objects.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11718 Lights {#sec-r-408.11718 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11718}

Rule 1718. A refuse packer unit used during hours of darkness shall have light of not less than 5 footcandles at the loading or hook-up point.

MOBILE UNITS

History

• History: 1979 AC.

Mich. Admin. Code R 408.11721 Riding steps {#sec-r-408.11721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11721}

Rule 1721. (1) A riding step provided for an employee making collections on a mobile refuse packer unit must have both of the following:

(a) A slip resistant surface.

(b) A maximum height of 18 inches from the roadway with the mobile unit empty.

(2) A grab handle must be provided for each employee using a riding step as prescribed in General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.11722 Warning devices {#sec-r-408.11722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11722}

Rule 1722. An audible or visual warning device shall be installed on a mobile packer unit to signal when the unit moves in reverse so as to warn an employee at the rear of the unit.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11723 Loading and unloading {#sec-r-408.11723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11723}

Rule 1723. (1) A mechanism such as, but not limited to, a hoisting motor or lifting arm, used for loading or lifting a container, shall be constructed and maintained to handle the designed rating of a mobile refuse packer unit.

(2) On a mobile unit, except a front loader, when loading mechanically, a locking device shall be provided to prevent dislodgement of a container during the dumping operation.

R 408.11724. Controls.

Rule 1724. (1) A side loading mobile refuse packer unit with a top loading hopper shall have a fixed barrier or a movable barrier interlocked with the power source if a pinch point is created by the compaction mechanism.

(2) A refuse packer unit with a side loading door shall have the door interlocked with the power source of the compaction mechanism when the bottom of the loading opening is less than 6 feet vertically from the loading surface.

(3) Loading compaction controls for a rear loading unit shall be located so that the operator using the compaction controls has a view of the loading sill.

(4) Operator controls for a mobile unit shall be designed or located so that unintentional activation will not occur.

(5) Except when guarded as required in R 408.11725(1), a mobile refuse packer unit shall be equipped with operator controls that require continuous pressure of both hands on the control devices until the packer blade has moved beyond the pinch point created where the blade or sweep panel and hopper come together, or shall provide for the blade or sweep panel to stop not less than 6 inches nor more than 16 inches from the pinch point and require reactivation to complete the cycle. When using the split cycle, a single control is sufficient.

(6) Each control device shall be labeled as to its function.

R 408.11725. Guards.

Rule 1725. (1) After September 25, 1974, a rear loading mobile refuse packer unit shall be guarded to prevent employee access to the pinch point caused by the packing cycle by 1 of the following devices:

(a) A movable barrier designed to withstand repetitive use and remain in alignment and prevent the operator from reaching the pinch point created during the packing cycle. The barrier shall be provided with a cushion along its entire length where the barrier meets the sill to prevent chance of injury. The barrier shall be interlocked with the packing cycle so that it is in place before the packer mechanism closes to not less than 6 inches nor more than 14 inches of the pinch point.

(b) An elevating hopper which rises not less than 6 feet above the working surface before the packer blade closes to within 6 inches of the hopper sill.

(c) A fixed or movable barrier or other safety device which will prevent access to the pinch point by an employee.

(2) An operator of a mobile refuse packer may use the controls prescribed in R 408.11724(5) in lieu of fixed or movable barriers.

(3) An exposed pinch point created by mechanical controls or lifting arms on a mobile refuse packer unit shall be guarded.

STATIONARY UNITS

History

• History: 1979 AC.
• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11731 Controls {#sec-r-408.11731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11731}

Rule 1731. (1) Operator controls on a stationary refuse packer unit shall be designed and located to prevent accidental activation.

(2) The hopper or load opening on a manually controlled stationary refuse packer unit shall be visible to the operator from his control station.

(3) An emergency stop device distinguished by its size or color shall be provided at the control station to stop the ram of a stationary refuse packer unit.

(4) When a stationary refuse packer unit is equipped for direct manual loading and the operator is not protected from the pinch point, the control shall require continuous pressure and the compactor cycle shall stop when the control is released.

Such a control shall be a minimum of 6 feet from the pinch point.

(5) Each control device shall be labeled as to its function.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11732 Guards {#sec-r-408.11732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11732}

Rule 1732. (1) A hopper opening on a stationary refuse packer unit must be guarded with a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

(2) A pinch point exposed to contact by an employee must be enclosed or guarded.

(3) A lifting device used to empty a container at a stationary refuse packer unit must have a locking device as prescribed in R 408.11723(2).

(4) Maintenance access openings must be covered and secured on the compactor.

The cover must be removable by hand tools or interlocked to the power source.

(5) A locking device used to couple a receiving box and stationary compactor unit must be capable of withstanding the rated pressure of the compactor.

(6) A receiving box loading device must provide a positive locking action to prevent dislodgement during the loading of the box on a vehicle.

(7) A receiving box loaded on a vehicle for transport must have a retaining device other than the loading device.

History

• History: 1979 AC; 2019 AACS.

R 408.11801 to R 408.11875 Part 18. Overhead and Gantry Cranes

Mich. Admin. Code R 408.11801 Scope {#sec-r-408.11801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11801}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 18. OVERHEAD AND GANTRY CRANES

Rule 1801. (1) This standard covers the equipment, installation, maintenance, and operation of top running overhead and gantry single and multiple girder cranes in, about, and around places of employment in order to safeguard employees.

(2) This standard does not apply to any of the following:

(a) Monorails.

(b) Railway or truck cranes.

(c) Mine hoists.

(d) Conveyors.

(e) Shovels.

(f) Drag-line excavators.

(g) Equipment used on construction jobs.

(h) Systems used to transport people.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11803 Definitions; B to D {#sec-r-408.11803 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11803}

Rule 1803. (1) "Brake" means a device used for retarding or stopping motion by friction or power means.

(2) "Bridge" means that part of a crane consisting of girders, trucks, end ties, footwalks, and the driving mechanism which carries the trolley or trolleys.

(3) "Bumper" means an energy-absorbing device for reducing impact when a moving crane or trolley reaches the end of its permitted travel, or when 2 moving cranes or trolley come in contact.

(4) "Cab" means an operator compartment located on a crane bridge or trolley.

(5) "Cab operated crane" means a crane controlled by an operator in a cab located on the bridge or trolley.

(6) "Catwalk" means a walkway with handrail and toeboards which are attached to the bridge or trolley, or both, for access purposes.

(7) "Competent person" means a person who has the necessary experience of the crane and equipment used in the lifting operation to carry out the function satisfactorily, who is capable of identifying an existing or potential hazard in surroundings, or under working conditions, that are hazardous or dangerous to an employee, and who has the authority and knowledge to take prompt corrective measures to eliminate the hazards.

(8) "Collector shoe" means a contacting device for collecting current from runway or bridge conductors.

(9) "Conductors, bridge" means the electrical conductors located along the bridge structure of a crane to provide power to the trolley.

(10) "Conductors, runway" means the electrical conductors located along a crane runway to provide power to the crane.

(11) "Controller" means a device or group of devices that serves to govern, in a predetermined manner, the power delivered directly to the apparatus to which it is connected.

(12) "Crane" means a top running overhead or gantry crane.

(13) "Designated" means selected or assigned by the employer or the employer's representative as being qualified to perform specific duties.

(14) "Drag brake" means a brake that provides retarding force without external control.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11804 Definitions; F to M {#sec-r-408.11804 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11804}

Rule 1804. (1) "Floor-operated crane" means a top running overhead crane that is controlled by an operator on a floor or independent platform.

(2) "Footwalk" means a walkway which has a handrail and which is attached to the bridge or trolley for access purposes.

(3) "Frequent inspection" means a visual examination by the operator or other designated personnel, with written records required.

(4) "Gantry crane" means a crane similar to an overhead crane, except that the bridge for carrying the trolley or trolleys is rigidly supported by 1 or more legs running on a fixed rail or other runway.

(5) "Hoist" means a system of power-driven drums, gears, cables, chains, or hydraulic cylinders capable of lifting and lowering a load.

(6) "Hooker" means an employee who by using predetermined lift points attaches the load to the hook, in hoisting or setting the load or both.

(7) "Hot metal crane" means a crane that transports molten metal.

(8) "Limit switch" means a switch that is operated by some part or motion of a power-driven machine or equipment to alter the electric current associated with the machine or equipment.

(9) "Load" means the total superimposed weight on a load block or hook.

(10) "Load block" means the assembly of hook and shackle, swivel bearing, sheaves, pins, and frame, suspended by the hoisting ropes or chain.

(11) "Magnet" means an electromagnetic device carried on a crane hook that picks up the load magnetically.

(12) "Main switch" means a switch on a crane controlling the entire power supply to the crane, except that a magnet and convenience outlet circuit may bypass the main switch.

(13) "Modified" means a change in design or rating.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11805 Definitions; O to R {#sec-r-408.11805 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11805}

Rule 1805. (1) "Overhead crane" means a top running crane that has a movable bridge carrying a movable or fixed hoisting mechanism for lifting and lowering, moving horizontally and traveling on an overhead fixed runway.

(2) "Periodic inspection" means the inspection of the equipment in place by a designated person, making written records of conditions.

(3) "Power-operated crane" means a crane that has its mechanism driven by electric, air, hydraulic, or internal combustion means.

(4) "Preformed" means to permanently shape wire rope before fabrication into helical form.

(5) "Pulpit" means an operator compartment for a crane located at a fixed position remote from the crane.

(6) "Qualified person" means a person who, through attainment of a recognized degree or certificate of professional standing or by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter and work.

(7) "Rail stop" means a device attached to a rail to stop the movement of a crane beyond a fixed point.

(8) "Rated load" means the maximum load for which a crane or individual hoist is designed and built by the manufacturer and shown on the equipment nameplate or nameplates.

(9) "Remote-operated crane" means a crane controlled by an operator not in a pulpit or in the cab attached to the crane, by any method other than pendant or rope control.

(10) "Rigger" means an employee who prepares heavy equipment or loads of materials for lifting.

(11) "Rope" means wire rope, unless otherwise specified.

(12) "Running sheave" means a sheave that rotates as the load block is raised or lowered.

(13) "Runway" means an assembly of rails, beams, girders, brackets, and framework on which a crane or trolley travels.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11806 Definitions; S to W {#sec-r-408.11806 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11806}

Rule 1806. (1) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the actual load or stress when in use.

(2) "Seizing" means to bind the end of a wire rope with a soft annealed iron wire.

(3) "Side pull" means to pull a load with a hoist, chain or cable other than vertically.

(4) "Stop device" means a device to limit travel of a trolley or crane bridge.

It is normally attached to a fixed structure and normally does not have energyabsorbing ability.

(5) "Storage gantry crane" means a gantry type crane of long span usually used for bulk storage of materials. The bridge girders are supported on 1 or more legs. It may have 1 or more fixed or hinged cantilever ends.

(6) "Swaged socket" means a fitting into which wire rope is inserted and attached by cold forming.

(7) "Switch" means a device for making, breaking, or for changing the connections in an electric circuit.

(8) "Trolley" means a unit that travels on the bridge rails and carries the hoisting mechanism.

(9) "Trolley travel" means the trolley movement at right angles to the crane runway.

(10) "Truck" means the unit consisting of a frame, wheels, bearing, and axles that supports the bridge girders or trolleys.

(11) "Wall crane" means a crane which has a jib with or without trolley and which is supported from a sidewall or line of columns of a building. It is a traveling type and operates on a runway attached to the sidewall or columns.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11807 Adopted and referenced standards {#sec-r-408.11807 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11807}

Rule 1807. (1) The following standards are adopted by reference in these rules and are available from HIS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at web-site: www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) American National Standard Institute ANSI/ASME B30.2, “Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist)," Standard, 1996 edition. Cost: $60.00.

(b) ANSI/ASME B30.2.0, "Overhead and Gantry Cranes," Standard, 1967 edition.

Cost: $60.00.

(c) ANSI/ASME B30.17, “Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist),” Standard, 1998 edition. Cost: $60.00.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan Occupational Safety and Health Administration (MIOSHA) Standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory services section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 10 “Cranes and Derricks,” R 408.41001 to R 408.41099.

(b) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(c) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.10701 to R 408.10765.

(d) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(e) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13905.

(f) General Industry Safety Standard Part 49 “Slings,” R 408.14901 to R 408.14965.

(g) General Industry Safety Standard Part 85 “The Control of Hazardous Energy Sources, (Lockout/Tagout),” R 408.18501 to R 408.18599.

History

• History: 2002 AACS; 2005 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.11808 Employer responsibilities {#sec-r-408.11808 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11808}

Rule 1808. (1) An employer shall comply with the manufacturer's specifications and limitations applicable to the operation of cranes. If a manufacturer's specifications are not available, then the limitations assigned to the equipment shall be based on the determination of a qualified engineer who is competent in the field of equipment limitations, and the determination shall be appropriately documented and recorded.

Attachments that are used with cranes shall not exceed the capacity, rating, or scope recommended by the manufacturer.

(2) An employer shall designate a qualified person to perform all inspections of cranes as required by this standard.

(3) An employer shall limit the use of a crane to the following entities:

(a) An employee who has been trained and qualified to operate the type of crane to which he or she is assigned.

(b) A learner who is under the direct supervision of a designated operator.

(c) Designated maintenance personnel while performing their duties.

(4) An employer shall maintain a crane and its accessories in a condition that will not endanger an operator or other employees.

(5) The original safety factor of the equipment shall not be reduced if modifications or changes are made to the equipment. Modifications or changes shall be certified by a qualified registered engineer. The capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly to reflect any modifications or changes.

(6) An employer shall comply with all other applicable requirements of this standard.

(7) The manual provided by the crane manufacturer shall be readily accessible for the crane operator's reference at the work site.

CONSTRUCTION, INSTALLATION AND EQUIPMENT

History

• History: 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11821 Certification; modification; guards; adoption of standards by reference {#sec-r-408.11821 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11821}

Rule 1821. (1) A top running or gantry crane consisting of a top running bridge with single or multiple girders and a top running trolley hoist, erected or modified after June 24, 1973 and before April 9, 2002, shall be certified by a crane manufacturer or an engineer knowledgeable in crane construction, that the new construction or installation, or modification conforms to the ANSI/ASME B30.2.0 "Overhead and Gantry Cranes,"

Standard, 1967 edition, as adopted in R 408.11807.

(2) A top running or gantry crane consisting of a top running bridge with single or multiple girders and a top running trolley hoist, erected or modified after April 9, 2002, shall be certified by a crane manufacturer or an engineer knowledgeable in crane construction, that the new construction or installation, or modification conforms to the ANSI/ASME B30.2 "Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist)," Standard, 1996 edition, as adopted in R 408.11807.

(3) A top running or gantry crane consisting of a top running bridge with a single girder and an underhung hoist, erected or modified after August 31, 1971 and before April 9, 2002, shall be certified by a crane manufacturer or an engineer knowledgeable in crane construction, that the new construction, installation, or modification conforms to the ANSI/ASME B30.2.0 "Overhead and Gantry Cranes," 1967 edition, as adopted in R 408.11807.

(4) A top running or gantry crane consisting of a top running bridge with a single girder and an underhung hoist, erected or modified after April 9, 2002, shall be certified by a crane manufacturer or an engineer knowledgeable in crane construction, that the new construction, installation, or modification conforms to the ANSI/ASME B30.17 "Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist)"

Standard, 1998 edition, as adopted in R 408.11807.

(5) Gears, couplings and other means of power transmission, except shafts, where exposed to contact, shall be guarded as prescribed in General Industry Safety Standard Part 7 "Guards for Power Transmission," as referenced in R 408.11807.

(6) A top running or gantry crane consisting of a top running bridge with single or multiple girders and a top running trolley hoist may be modified or rerated if the modifications and the supporting structure are checked thoroughly by a qualified engineer or the equipment manufacturer and conform to the ANSI/ASME B30.2 "Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist)," Standard, 1996 edition, as adopted in R 408.11807.

(7) A top running or gantry crane consisting of a top running bridge with a single girder and an underhung hoist may be modified or rerated if the modifications and the supporting structure are checked thoroughly by a qualified engineer or the equipment manufacturer and conform to the ANSI/ASME B30.17 "Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist)" Standard, 1998 edition, as adopted in R 408.11807.

History

• History: 1979 AC; 2002 AACS; 2005 AACS; 2018 AACS.

Mich. Admin. Code R 408.11822 Marking rated capacity; classifications; clearances {#sec-r-408.11822 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11822}

Rule 1822. (1) The rated capacity of a crane shall be legibly marked on each side of the crane. Markings shall be legible from the ground or floor.

Each load block of the hoisting units of the crane shall be legibly marked with its individual rated capacity.

(2) Each crane designed and manufactured after January 1, 1971 shall have a service class rating as prescribed in "CMAA #70--Specifications for Top Running Bridge and Gantry Type Multiple Girder Electric Overhead Traveling Cranes," 1970 edition, as shown in Appendix B. Additionally the service class rating shall be legibly marked on each crane.

(3) Clearance from obstructions shall be a minimum of 3 inches overhead and 2 inches laterally between the crane and any obstruction.

(4) Runways of parallel cranes that do not have an intervening wall or structure shall have adequate clearance between the 2 bridges.

(5) The cab of a crane shall be located to afford a minimum of 3 inches clearance from all fixed structures within its area of possible movement.

History

• History: 1979 AC; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 408.11823 Safety factor for hoisting cables {#sec-r-408.11823 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11823}

Rule 1823. The designed safety factor for the hoisting cable is as follows:

(a) A hot metal crane shall be not less than 8.

(b) Any other crane shall be not less than 5.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.11824 Wire rope {#sec-r-408.11824 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11824}

Rule 1824. (1) A wire rope used on a crane shall be repaired or replaced in any of the following circumstances:

(a) One third or more of the original diameter of the outside individual wires is worn.

(b) There is kinking, crushing, bird-caging, or any other damage that results in distortion of the running portion of the wire rope structure.

(c) The wire rope shows heat or corrosive damage.

(d) In running ropes, there are 6 randomly distributed broken wires in 1 lay or 3 broken wires on 1 strand in 1 lay. In rotation-resistant ropes, 2 randomly distributed broken wires in 6 rope diameters or 4 randomly distributed broken wires in 30 rope diameters.

(e) There are reductions from nominal diameter of more than the following:

(i) One sixty-fourth of an inch for a diameter to and including 5/16 of an inch.

(ii) One thirty-second of an inch for a diameter 3/8 of an inch to and including 1/2 of an inch.

(iii) Three sixty-fourths of an inch for a diameter 9/16 of an inch to and including 3/4 of an inch.

(iv) One sixteenth of an inch for a diameter 7/8 of an inch to and including 1 1/8 inches.

(v) Three thirty-seconds of an inch for a diameter 1 1/4 inches to and including 1 1/2 inches.

(f) In standing ropes, there are more than 2 broken wires in 1 lay in sections beyond end connections or more than 1 broken wire at an end connection.

(2) Wire rope discarded from a crane under subrule (1) of this rule shall not be used for any other load-carrying service.

(3) Wire rope for a crane bent to form an eye shall be equipped with a metal thimble.

(4) A wire rope end fitting shall be a clamp, swage, or a zinc or equivalent poured socket. Before cutting wire rope, seizings shall be placed as follows:

(a) One seizing on each side of the cut on preformed wire rope;

(b) Two seizings on each side of 7/8 inch size or smaller nonpreformed wire rope.

(c) Three seizings on each side of 1 inch or larger size nonpreformed wire rope.

(5) Wire rope that has an independent wire rope core shall be used on all molten metal applications and in an area where the environmental atmosphere will cause deterioration of a hemp center.

(6) Wire rope shall be stored in a manner to prevent damage or deterioration.

(7) The unreeling or uncoiling of wire rope shall be done as recommended by the rope manufacturer and with care to avoid kinking or inducing a twist.

(8) Rope clips attached with u-bolts shall have the u-bolts on the dead or short end of the rope. Spacing and number of all types of clips shall be in accordance with the clip manufacturer's recommendation. Clips shall be drop-forged steel in all sizes manufactured commercially. When a newly installed rope has been in operation for an hour, all nuts on the clip bolts shall be retightened. See Appendix A.

(9) Replacement rope shall meet or exceed the original specifications set forth by the crane manufacturer.

(10) If a load is supported by more than 1 part of rope, then the tension in the parts shall be equalized.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11825 Hooks; load blocks {#sec-r-408.11825 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11825}

Rule 1825. (1) A crane hook shall be discarded if either of the following provisions applies:

(a) The throat opening is more than 15% greater than the manufactured size.

(b) The hook has more than a 10-degree twist from a vertical center line drawn through the hook socket.

(2) A hook shall be equipped with a latch, unless the application makes the use of a latch impractical as determined by a qualified person. When required, a latch shall be provided to bridge the throat opening of the hook for the purpose of retaining slings, chains, or other equipment, under slack conditions.

(3) Load blocks shall be of the enclosed type and shall be guarded against rope jamming during normal operations.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11826 Rescinded {#sec-r-408.11826 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11826}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11827 Sheaves {#sec-r-408.11827 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11827}

Rule 1827. (1) Sheave grooves shall be smooth and free from defects that could cause rope damage.

(2) Sheaves carrying ropes that can be momentarily unloaded shall be provided with close fitting guards or other suitable devices to guide the rope back into the groove when the load is applied again.

(3) Sheaves in the bottom block shall be equipped with close fitting guards that will prevent ropes from becoming fouled when the block is lying on the ground with ropes loose.

(4) Pockets and flanges of sheaves used with hoist chains shall be of dimensions that the chain does not catch or bind during operation.

(5) All running sheaves shall be equipped with means for lubrication.Permanently lubricated, sealed, or shielded bearings meet this requirement

History

• History: 2002 AACS.

Mich. Admin. Code R 408.11831 Rescinded {#sec-r-408.11831 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11831}

History

• History: 1979 AC.

Mich. Admin. Code R 408.11832 Trolley stops {#sec-r-408.11832 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11832}

Rule 1832. (1) Stops shall be provided at the limits of travel of the trolley.

(2) The stops shall be fastened to resist the forces applied when contacted.

(3) A stop engaging the tread of the wheel shall be of a height not less than that of the wheel radius. A stop which engages other parts of the crane is preferable.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11833 Bridge bumpers; trolley bumpers; rail sweeps {#sec-r-408.11833 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11833}

Rule 1833. (1) A crane shall be provided with bumpers or other automatic means providing equivalent effect, unless the crane travels at a slow rate of speed and has a faster deceleration rate due to the use of sleeve bearings, is not operated near the ends of bridge and trolley travel, is restricted to a limited distance by the nature of the crane operation and there is no hazard of striking any object in the limited distance, or is used in similar operating conditions. The bumpers shall be capable of stopping the crane, not including the lifted load, at an average rate of deceleration of not more than 3 feet/s/s (per second, per second) when traveling in either direction at 20% of the rated load speed. Bumpers shall meet both of the following requirements:

(a) A bumper shall have sufficient energy-absorbing capacity to stop the crane when traveling at a speed of not less than 40% of rated load speed.

(b) A bumper shall be mounted so that there is no direct shear on bolts.

(2) Bumpers shall be designed and installed to minimize parts falling from the crane in case of breakage.

(3) A trolley shall be provided with bumpers or other automatic means of equivalent effect, unless the trolley travels at a slow rate of speed, is not operated near the ends of bridge and trolley travel, is restricted to a limited distance of the runway and there is no hazard of striking any object in the limited distance, or is used in similar operating conditions. The bumpers shall be capable of stopping the trolley, not including the lifted load, at an average rate of deceleration of not more than 4.7 feet/s/s (per second, per second) when traveling in either direction at 1/3 of the rated load speed. Trolley bumpers shall meet both of the following requirements:

(a) When more than 1 trolley is operated on the same bridge, each shall be equipped with bumpers or equivalent on their adjacent ends.

(b) Bumpers or equivalent shall be designed and installed to minimize parts falling from the trolley in case of broken or loosened mounting connections.

(4) Bridge trucks shall be equipped with rail sweeps that extend below the top of the rail and project in front of the truck wheels.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11835 Ladders; foot-walks; stairways; escape devices {#sec-r-408.11835 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11835}

Rule 1835. (1) Access to crane. Access to the car or bridge walkway shall be by a conveniently placed fixed ladder, stairs, or platform requiring no step over any gap exceeding 12 inches (30 cm). Fixed ladders shall comply with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.11807.

(2) A foot-walk or a cat-walk for or on a crane shall have a guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.11807. A foot-walk shall be of rigid construction and designed to sustain a distributed load of not less than 50 pounds per square foot, and shall have an anti-slip surface.

(3) An employer shall ensure that a safe method of escape is provided in case of fire or other emergency situation on a cab-operated crane.

(4) A gantry crane shall have fixed ladders or stairways extending from the ground to the foot-walk or cab platform.

(5) Toeboards and handrails for foot-walks. Toeboards and handrails shall comply with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.11807.

(6) Ladders shall be permanently and securely fastened in place and constructed in compliance with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.11807.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11837 Rescinded {#sec-r-408.11837 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11837}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11841 Brakes and restraints {#sec-r-408.11841 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11841}

Rule 1841. (1) An overhead or gantry crane bridge which is powered shall be equipped with an operable brake, non-coasting mechanical drive, or other braking means. The brake or drive shall be capable of stopping the bridge within a distance, in feet, equal to 10% of the full load speed in feet per minute when traveling at full speed with full load.

(2) A trolley of a crane shall meet the requirements of subrule (1) of this rule.

(3) A crane that is being used out-of-doors shall have a positive mechanical restraint, such as, but not limited to, an automatic rail clamp, to secure the crane against wind movement while parked. If clamps act on the rail heads, beads or weld flash on the rail heads shall be ground off. A positive mechanical restraint shall be utilized when the crane is parked in an area where the potential exposure to wind is prevalent.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11843 Controls {#sec-r-408.11843 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11843}

Rule 1843. (1) A pendant, radio, cab, pulpit control station, and a controller in a cab operated crane shall be permanently identified by function and direction. Control boxes shall be constructed to prevent electrical shock.

(2) Rope controls for a floor-operated crane shall be equipped with an arrow attached to the rope showing the direction of travel when the rope is pulled.

(3) A pendant, radio, cab, or pulpit control station shall be equipped with a positive stop device, colored red, to disconnect all motors.

(4) A crane shall be equipped with a main switch which can be locked out. An employer shall establish a written lockout procedure which shall be used in connection with R 408.11872 and R 408.11875. Lockout shall conform to the requirements prescribed in General Industry Safety Standard Part 85 “The Control of Hazardous Energy Sources, (Lockout/Tagout),” as referenced in R 408.11807.

(5) A controller on a rope, pendant, or radio-controlled crane, when released from the "on" position, shall automatically return to the "off" position.

(6) A transmitter for a radio-controlled crane shall be stored in a locked cabinet or in a supervised storage area when not in use.

(7) All cranes shall have an operable over-travel limit switch in the hoisting direction. The switch shall be located so that it is tripped under all conditions to prevent contact of the hook or block with the hoist.

(8) A crane that is not equipped with spring return controllers or momentary contact push buttons shall have a device which will disconnect all motors from the line if power fails and which will not permit restarting until the controller handle is brought to the off position or a reset switch or button is operated.

(9) The control circuit voltage shall not be more than 600 volts for A.C. or D.C. current.

(10) The voltage at pendant push-buttons shall not be more than 150 volts for A.C. and 300 volts for D.C.

(11) If multiple conductor cable is used with a suspended push-button station, then the station shall be supported in a manner that will protect the electrical conductors against strain.

(12) Cab-operated cranes shall have lever-operated manual controllers and master switches that have a spring-return arrangement, off-point detent, or off-point latch. The controller operating handle shall be located within reach of the operator and, as far as practicable, the movement of each controller handle shall be in the same general directions of the resultant movements of the load.

(13) Equipment and wiring shall be as prescribed in General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.11807.

(14) The control for the bridge and trolley travel shall be located so that the operator can face the direction of travel.

(15) Push buttons in pendant stations shall return to the above position when released by the operator.

(16) Automatic cranes shall be designed so that all motions will failsafe if any malfunction of operation occurs.

(17) A remote-operated crane shall function so that if the control signal for any crane motion becomes ineffective, the crane motion shall stop.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11844 Equipment {#sec-r-408.11844 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11844}

Rule 1844. (1) Electrical equipment shall be located or enclosed so that live parts are not exposed to accidental contact under normal operating conditions.

(2) Electric equipment shall be protected from dirt, grease, oil, and moisture.

(3) Guards for live parts shall be substantial and located so that they cannot be accidentally deformed to make contact with live parts.

(4) Enclosures for resistors shall have openings to provide adequate ventilation and shall be installed to prevent the accumulation of combustible matter too near to hot parts.

Resistor units shall be supported to be free as possible from vibration.

(5) The power supply to the runway conductors shall be controlled by a switch or circuit breaker that is located on a fixed structure, is accessible from the floor, and is capable of being locked in the open position. A switch or circuit breaker that is of the enclosed type and is capable of being locked in the open position shall be provided in the leads from the runway conductors on a cab-operated crane. A means of opening the switch or circuit shall be located within reach of the operator. A switch or circuit breaker that is of the enclosed type and is capable of being locked in the open position shall be provided in the leads from the runway conductors on a floor-operated crane. The disconnect shall be mounted on the bridge or foot-walks near the runway conductors. One of the following types of floor-operated disconnects shall be provided:

(a) Nonconductive rope attached to the main switch.

(b) An under-voltage trip for the main circuit breaker operated by an emergency stop button in the pendant push button in the pendant pushbutton station.

(c) A main line contactor operated by a switch or pushbutton in the pendant pushbutton station.

(6) A crane using a lifting magnet shall have a separate magnet circuit switch that is of the enclosed type and is capable of being locked in the open position. Means for discharging the inductive load of the magnet shall be provided.

(7) Runway conductors of the open type mounted on the crane runway beams or overhead shall be located or guarded so that persons entering or leaving the cab or crane foot-walk will not come into contact with them. On the effective date of this rule, open type conductors shall not be installed on cab-operated runway beams.

(8) When a service receptacle for an extension lamp is provided in the cab or on the bridge of a cab-operated crane, it shall be a grounded 3-prong type permanent receptacle and shall not be more than 300 volts.

History

• History: 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.11845 Warning devices {#sec-r-408.11845 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11845}

Rule 1845. (1) A crane, shall be equipped with a warning device, such as a flashing light, horn, bell, or siren. An operator shall use a warning device before starting and intermittently while traveling in an occupied area.

(2) A wind-indicating device shall be provided on an outdoor storage gantry type crane and on an outdoor overhead crane. The device shall give a visual or audible alarm to the operator at a predetermined wind velocity to be determined by the employer in accordance with the manufacturer's recommendation or design.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11847 Tool storage, housekeeping, and fire extinguishers {#sec-r-408.11847 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11847}

Rule 1847. (1) Tools and other necessary articles shall be stored in a secured container and not allowed to be loose, in or about a crane.

(2) A class "C" or multipurpose fire extinguisher shall be provided and maintained accessible to the crane operator of a cab-operated crane a carbon tetrachloride extinguisher shall not be used.

(3) An employer shall ensure that the crane operator is knowledgeable in the operation of the fire extinguishers.

(4) Good housekeeping shall be maintained at all times. The crane operator shall keep the access area and the crane cab clear of all loose objects such as tools, bolts, boards, rags, or other materials.

OPERATORS AND OPERATIONS

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11851 Qualifications {#sec-r-408.11851 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11851}

Rule 1851. An employer shall be able to demonstrate that an employee is trained and qualified to operate a crane prior to authorizing the employee to operate a crane.

History

• History: 1979 AC; 1988 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 408.11852 Training {#sec-r-408.11852 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11852}

Rule 1852. (1) An employer shall train a prospective operator before the employee's assignment as an operator of a crane. An employer shall ensure that a designated individual authorized by the employer to perform the training has the knowledge, training, and experience to train and to evaluate the competence of the prospective operator and to provide refresher training to an operator when it is required. Training shall include all of the following:

(a) Capacities of equipment and attachments.

(b) Purpose, use, and limitation of controls.

(c) How to make daily checks.

(d) The energizing sequences, including pneumatic, hydraulic, and electrical sequences.

(e) Start-up and shutdown procedures.

(f) Emergency shutdown procedures.

(g) General operating procedures.

(h) All basic signaling procedures, including hand, radio, or telephone signals, where required.

(i) Knowledge of this standard and other applicable MIOSHA standards, and company rules and regulations.

(j) Practice in operating the assigned equipment through the mechanical functions necessary to perform the required task.

(k) Maximum rated capacity of the crane.

(2) Training shall consist of a combination of formal instruction, practical training, and testing of the operator's performance, as required in R 408.11853.

(3) Refresher training in relevant topics shall be provided to an operator under any of the following conditions:

(a) An operator has been observed to operate the crane in an unsafe manner.

(b) An operator has been involved in an accident or a near-miss incident.

(c) An operator has received an evaluation that reveals that the operator is not operating the crane safely.

(d) An operator is assigned to a different type of crane.

(e) A condition in the workplace changes that could affect safe operation of the crane.

(4) Maintenance personnel, crane inspectors, and all other users of the crane shall be trained as required in subrule (1) of this rule.

(5) A rigger shall be trained in all of the following:

(a) The requirements of this standard.

(b) Knowledge of General Industry Safety Standard Part 49 “Slings,” as referenced in R 408.11807.

(c) Knowledge of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.11807.

(d) Maximum capacity of the crane.

(e) Rigging procedures.

(f) Company rules and regulations.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11853 Testing {#sec-r-408.11853 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11853}

Rule 1853. (1) An employer shall test the knowledge and ability of an employee before authorizing him or her to operate a crane. The test shall determine all of the following with respect to the employee:

(a) Ability to operate the equipment through its functions necessary to perform the required jobs.

(b) Knowledge of equipment.

(c) Knowledge of daily checks and inspection requirements.

(d) Knowledge of applicable MIOSHA standards and company rules and regulations.

(2) A performance test shall be given to determine that the employee can operate the assigned crane or cranes through the functions necessary to perform the required task.

History

• History: 1979 AC; 1989 AACS; 2002 AACS.

Mich. Admin. Code R 408.11854 Permits {#sec-r-408.11854 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11854}

Rule 1854. (1) An employer shall provide an employee with a permit to operate a crane only after the employee meets the requirements prescribed in R 408.11852, and R 408.11853.

(2) An employee being trained is exempt from the permit requirement for a period of not more than 30 calendar days if the employee is under the supervision of an individual who is authorized by the employer and who has the knowledge, training, and experience to train operators and to evaluate their competence, and if the training period does not endanger the trainee or other employees.

(3) A permit shall be carried by an operator or be available upon request of a department representative at all times during working hours.

(4) A permit shall indicate the type of crane or cranes an operator has been trained on and is qualified to operate, as required in R 408.11852.

(5) A permit to operate a crane is valid only with the employer who issued the permit, and the permit shall be issued for a period of not more than 3 years.

(6) A permit shall contain all of the following information (see sample permit):

(a) Firm name.

(b) Operator's name.

(c) Operator I.D. number, if any.

(d) Name of issuing authority.

(e) Type or types of crane authorized to operate.

(f) Operator restrictions, if any. The permit shall state the nature of the restriction.

(g) Date issued.

(h) Date expiring.

(7) A sample permit is set forth as follows:

SAMPLE PERMIT

CRANE OPERATOR PERMIT

(Firm Name)

Operator's Name Operator's Number Is Authorized To Operate:(Insert Type of Crane(s) Authorized)

Restrictions:(Explanation of Restrictions)

Date Issued: (Month – Day – Year)

Date Expiring: (Month – Day – Year)

By Issuing Authority: ____________________________________________________ Title

History

• History: 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11855 Limitations on use of cranes {#sec-r-408.11855 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11855}

Rule 1855. (1) An employer shall limit the use of a crane to the following persons:

(a) An employee who is trained and is qualified to operate the type of crane to which he or she is assigned.

(b) A learner under the direct supervision of a designated operator.

(c) Designated maintenance personnel while performing their duties.

(2) An employer shall establish and enforce a safe procedure, applicable to authorized employees, for boarding and leaving an overhead cab-operated crane.

(3) An employer shall assure that an unauthorized employee does not enter a crane cab or pulpit.

(4) An employer shall limit the use of a crane to its maximum rated capacity, except during rated load test as prescribed in R 408.11874.

History

• History: 1979 AC; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 408.11857 Reporting defects {#sec-r-408.11857 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11857}

Rule 1857. An operator shall report any defects in a crane to the supervisor.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11859 Personal protective equipment {#sec-r-408.11859 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11859}

Rule 1859. (1) An operator and an employee directing a lift shall use the personal protective devices required in the area.

(2) If the top of the load is not lifted to a height of more than 5 feet, then the load is not considered an overhead hazard.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 408.11861 General conduct of operators {#sec-r-408.11861 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11861}

Rule 1861. (1) An operator, when starting on duty shall comply with both of the following provisions:

(a) Shall not close the main switch or emergency contactor until checking to see if anyone is on the crane and if a warning sign is on the crane, hook, or main switch.

(b) Shall test all controls, limit switches, and brakes. When a load approaches the rated load, the operator shall test the hoisting brakes by raising the load a few inches and applying the brakes.

(2) A hoisting limit switch on a crane or hoisting means shall not be used as an operating control unless the crane is also equipped with a backup limit switch.

(3) A load shall not be lowered below a point where less than 2 full wraps of wire rope remain on the hoisting drum.

(4) If there is doubt concerning the safety of a crane or hoisting means, then an operator shall stop the crane and report the condition creating the doubt to the supervisor.

(5) In case of power failure, an operator shall place all controllers in the "off" position.

(6) An operator leaving a crane unattended shall land any attached load, place the controllers in the "off" position, and open the main switch. Before closing a main switch, an operator shall make sure all controllers are in the "off" position. The main switch need not be opened on a pendant-controlled crane if the crane is left unattended for short periods.

Editor's Note: An obvious error in R 408.11862 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2002. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 408.11863 Signals {#sec-r-408.11863 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11863}

Rule 1863. An operator shall respond to signals only from the employee directing a lift. However, he shall obey at all times an emergency stop signal from any employee.

The signals given an operator shall conform to Table 1. When 2 or more cranes are used to lift a load, a designated employee shall give all signals.

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANES

Table 1 HOIST.

With forearm vertical, forefinger pointing up, move hand in small horizontal circle.

LOWER.

With arm extended downward, forefinger pointing down, move hand in small horizontal circles.

BRIDGE TRAVEL.

Arm extended forward, hand open and slightly raised, make pushing motion in direction of travel.

TROLLEY TRAVEL.

Palm up, fingers closed, thumb pointing in direction of motion, jerk hand horizontally.

STOP.

Arm extended, palm down, hold position rigidly.

EMERGENCY STOP.

Arm extended, palm down, move hand rapidly right and left.

MULTIPLE TROLLEYS.

Hold up one finger for block marked “1” and two fingers for block marked “2”, Regular signals follow.

MOVE SLOWLY.

Use one hand to give any motion signal and place other hand motionless in front of hand giving the motion signal.

(Hoist slowly shown as MAGNET IS DISCONNECTED.

Crane operator spreads both hands apart – palms up.

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANES

Table 1 example.)

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.11865 Lifting {#sec-r-408.11865 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11865}

Rule 1865. (1) An operator of a crane shall not carry a load over an employee.

(2) A crane shall not be used to make a side pull, except where it has been specifically established by a qualified person who has determined all of the following:

(a) Various parts of the crane will not be overstressed.

(b) The hoist rope will not bear or rub against other members of the crane, such as the girders or trolley frame, except members specifically designed for such contact.

(c) A side pull will not cause the hoist rope to be pulled out of the sheaves or across drum grooves.

(d) A side pull will not result in excessive swinging of the load block or load.

(3) Compressed gases shall be lifted only by a cradle or enclosed platform.

(4) An employee shall not ride a hoisting device, such as a magnet, hook, ball, or load, except on a work platform. The work platform shall meet all of the requirements as prescribed in Construction Safety Standard Part 10 “Cranes and Derricks,” as referenced in R 408.11807.

(5) The work platform shall be suspended from the top 4 corners and fastened to the structural floor member and shall have the point of suspension at the hook fixed so that it cannot be accidentally disengaged.

(6) When attaching or moving a load, the operator, rigger, or hooker shall make sure of all of the following:

(a) The hoisting rope or chain is free of kinks or twists and not wrapped around the load.

(b) The load is attached to the load block hook by means of a sling or other approved device.

(c) The sling and load will clear all obstacles or obstructions.

(d) The load is balanced and secured before lifting the load more than a few inches.

(e) Multiple lines are not twisted around each other.

(f) The hook is brought over the load in a manner to prevent swinging.

(g) There is no sudden acceleration or deceleration of the moving load.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11871 Initial and shift inspections {#sec-r-408.11871 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11871}

Rule 1871. (1) New, reinstalled, altered, repaired, and modified cranes shall be inspected by a designated person before initial use to verify compliance with applicable provisions of these rules. Inspection of altered, repaired, and modified cranes may be limited to the provisions affected by the alteration, repair, or modification, as determined by a qualified person.

(2) At the beginning of each shift during which a crane is used, visual inspections shall be made in accordance with Table 2. A visual inspection shall be limited to that which can be made from a cat-walk or other safe observation point. Any defects shall be reported to a supervisor.

TABLE 2

SHIFT/OPERATOR INSPECTION CHECKS

INSPECTION

ITEM

DESCRIPTION OF INSPECTION CHECK POINTS

Tagged Crane or Hoist Check that crane or hoist is not tagged with an out-of-order sign.

Control Devices Test run that all motions agree with control device markings.

Brakes Check that all motions do not have excessive drift and that stopping distances are normal.

Hook Check for damage, cracks, nicks, gouges, deformations of the throat opening, wear on saddle or load bearing point, and twist. Refer to the manual furnished by the original manufacturer of the crane.

Hook Latch If a hook latch is required, check for proper operation.

Wire Rope Check for broken wires, broken strands, kinks, and any deformation or damage to the rope structure.

Reeving Check that the wire rope is properly reeved and that rope parts are not twisted about each other.

Limit Switches Check that the upper limit device stops lifting motion of the hoist load block before striking any part of the hoist or crane.

Oil Leakage Check for any sign of oil leakage on the crane and on the floor area beneath the crane.

Unusual Sounds Check for any unusual sounds from the crane or hoist mechanism while operating the crane and hoist.

Warning and Safety Labels Check that warning and other safety labels are not missing and that they are legible.

Housekeeping and Lighting Check area for accumulation of material, trip or slip hazards, and poor lighting.

History

• History: 1979 AC; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 408.11872 Frequent and periodic inspections {#sec-r-408.11872 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11872}

Rule 1872. (1) Inspections shall be made as designated in this subrule and Table 3.

(a) An employer shall establish an inspection schedule based on usage and classification as described in this subrule and Appendix B.

(b) The inspection procedure for cranes in regular service is divided into 2 general classifications based upon the intervals at which inspection should be performed. The intervals in turn are dependent upon the nature of the critical components of the crane and the degree of its exposure to wear, deterioration, or malfunction. The 2 general inspection classifications are designated as frequent and periodic, with respective intervals between inspections as specified in this rule.

(c) Each crane designed and manufactured prior to January 1, 1971 shall be inspected at least monthly. The inspection schedule may be modified based on documented inspection and repair history and a qualified person's recommendations.

(2) Frequent inspection includes examinations by a designated person who makes required records, as follows:

(a) Monthly to quarterly (class C) or at intervals of 100 hours of use, whichever comes first. Frequent inspection includes observations during operation and of items listed in Table 3.

(b) A designated person shall determine whether conditions found during the inspection constitute a hazard and whether a more detailed inspection is required.

(3) Periodic inspection includes inspection of the equipment in place by a designated person who makes records as listed in Table 3 and as follows:

(a) Annually or at intervals of 500 hours of use, whichever comes first. Periodic inspections include observations during operation and of items listed in Table 3.

(b) Conditions of extreme duty cycle, heat, and corrosive or climatic extremes indicate a need for more frequent inspections before use.

(c) Cranes with multiple service classifications shall be inspected in accordance with the highest rated duty classification.

(d) A designated person shall determine whether conditions found during an inspection constitute a hazard and whether disassembly is required for additional inspections.

(4) A crane which is used in infrequent service, that is, which has been idle for a period of 1 month or more, shall be inspected before being placed in service.

TABLE 3

FREQUENT – PERIODIC MANDATORY INSPECTION CHECKLIST

Frequent – F - Periodic - P BRIDGE STRUCTURAL TROLLEY STRUCTURAL Guards & Covers F P Steel Frame P Bumpers F P Connection Hardware P Rail Sweeps F P Load Beam P Cat-walk & Railings P Maintenance Platform P General Structure & Welds P Handrails P TABLE 3 FREQUENT – PERIODIC MANDATORY INSPECTION CHECKLIST Frequent – F - Periodic - P Capacity Signs F P Rail Sweeps F P Hand Rails P Bumpers F P Trolley Rail & Stops F P Guards & Covers F P BRIDGE MECHANICAL Alignment & Tracking P Motor F P TROLLEY MECHANICAL Brake & Hydraulics F P Motor F P Gear Case F P Brake F P Couplings F P Gear Case P Line Shaft Bearings F P Couplings F P Wheels F P Wheels F P Wheel Gearings F P TROLLEY ELECTRICAL Wheel Bearings F P General Wiring & Conduits F P BRIDGE ELECTRICAL Motor F P Lights F P Control Panels F P Electric Control Brake F P Control Operations F P Master Switches F P Motor Resistors F P Runway Collectors F P Soft Start or Inverter F P Trolley Conductors F P Hoist/Trolley Conductors F P Resistors F P Limit Switch(s) F P Soft Start or Inverter F P Electric Control Brake(s) F P HOIST STRUCTURAL HOIST MECHANICAL Steel Frame Condition P Motor F P Capacity Markings F P Brake Drum F P Guards & Covers F P Holding Brake F P Connection to Trolley F P Mechanical Load Brake F P HOIST ELECTRICAL (MAIN) Gear Case F P General Wiring & Conduits F P Coupling(s) F P Motor(s) F P Upper Sheave(s) F P Control Panel F P Rope Drum P Motor Resistors F P Wire Rope F P Limit Switch(s) F P Bottom Block Assembly F P Soft Start or Inverter F P Hook & Latch F P Electric Control Brake(s) F P Equalizer Sheave F P Overload Guard P TEST RUN Brake Coil F P Bridge F P Power Limit Switch F P Trolley F P Cable Reels F P Main Hoist F P Control Cables F P Auxiliary Hoist F P MAIN POWER SUPPLY VERIFICATION Main Line Conductors F P Inspection Accepted/Date F P Main Line Collectors F P Customer Signature F P TABLE 3 FREQUENT – PERIODIC MANDATORY INSPECTION CHECKLIST Frequent – F - Periodic - P HOIST STRUCTURAL (AUXILIARY) MISCELLANEOUS Steel Frame Condition P Warning Tag F P Capacity Markings F P Capacity Markings F P Guards & Covers F P Wind Indicators F P Connection to Trolley F P Rail Clamps F P HOIST ELECTRICAL (AUXILIARY) Hour Meter Readings P General Wiring & Conduits F P Operator Instruction Manual P Motor(s) F P Maintenance Manual P Control Panel F P Runway, Rails, Clips, Bars F P Motor Resistors F P Proper License P Limit Switch(s) F P Warning Devices F P Soft Start or Inverter F P Spare Batteries F P Electric Control Brake(s) F P Recharging Unit F P Overload Guard P Transmitter Storage Location F P Brake Coil F P HOIST MECHANICAL (AUXILIARY)

Power Limit Switch F P Motor F P Cable Reels F P Brake Drum F P Control Cables F P Holding Brake F P RADIO CONTROL ELECTRICAL Mechanical Load Brake F P Conduits & Fittings F P Gear Case F P Wiring & Connections F P Coupling(s) F P Control Panels F P Upper Sheave(s) F P Radio/Manual Switch F P Rope Drum P Receiver Antenna F P Wire Rope F P Transmitter Functions F P Bottom Block Assembly F P Transmitter Emergency Stop F P Hook & Latch F P TROLLEY CONTROL PANELS Equalizer Sheave F P Contactors F P PENDANT CONTROL Arch Shields F P Push Button Festoon Condition F P Wiring F P Push Button Pendant Condition F P Grounds F P Push Button Legend Markings F P Resistors F P Push Button Strain Relief F P Doors Closed F P Cable Reel(s) F P AUXILIARY HOIST CONTROL PANELS Pendant Balancer F P Contactors F P Operation of E-Stop F P Arch Shields F P Warning Tag on Push Button F P Wiring F P BRIDGE CONTROL PANELS Grounds F P Line Contactor & Knife F P TABLE 3 FREQUENT – PERIODIC MANDATORY INSPECTION CHECKLIST Frequent – F - Periodic - P Switch Resistors F P Bridge Contactors F P Doors Closed F P Arch Shields F P Overload Relays P Wiring F P SAFETY Grounds F P Fire Extinguisher F P Resistors F P Clearance Crane/Obstruction P Doors Closed F P General Condition & Housekeeping F P MAIN HOIST CONTROL PANELS TROLLEY POWER SUPPLY Contactors F P Trolley Conductors F Arch Shields F P Trolley Line Collectors F Wiring F P FESTOON SYSTEM POWER SUPPLY Grounds F P Trolley Pusher Arm F Resistors F P Festoon Span Conductors F Doors Closed F P Festoon Trolleys F Overload Relays F P

History

• History: 1979 AC; 2002 AACS; 2005 AACS; 2018 AACS.

Mich. Admin. Code R 408.11873 Operational tests {#sec-r-408.11873 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11873}

Rule 1873.(1) Before a new or modified crane is put into operation or if a crane has not been used in the past 12 months, the equipment shall be tested by a designated person to ensure compliance with this standard, including all of the following functions:

(a) Hoisting and lowering.

(b) Trolley travel.

(c) Bridge travel.

(d) Travel limiting devices.

(e) Locking, limiting, and indicating devices, if provided.

(2) The trip setting of a hoist limit switch shall be determined with an empty hook traveling in increasing speeds up to the maximum speed. The actuating mechanism of the limit switch shall be located so that it will trip the switch, under all conditions, in time to prevent contact of the hook or hook block with any part of the trolley.

(3) When a crane is given a load test, the test load shall be not more than 125% of the rated load. The test reports shall be maintained on a file within the premises where the crane is located.

History

• History: 2002 AACS; 2005 AACS; 2018 AACS.

Mich. Admin. Code R 408.11874 Rated load test {#sec-r-408.11874 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11874}

Rule 1874. Before initial use, all new, extensively repaired, and altered cranes shall be tested and inspected by or under the direction of a designated or authorized person and a written report which confirms the load rating of the crane shall be furnished by the person. The load rating shall not be more than 80% of the maximum load sustained during the test. Test loads shall not be more than 125% of the rated load, unless otherwise recommended by the manufacturer. The test reports shall be placed on file where readily available to appointed personnel.

History

• History: 2002 AACS.

Mich. Admin. Code R 408.11875 Maintenance {#sec-r-408.11875 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11875}

Rule 1875. (1) An employer shall maintain a crane and its accessories in a condition that will not endanger an operator or other employee. A preventative maintenance program shall be established and the program shall be based on the manufacturer's recommendations and for the application as reviewed by a qualified person.

(2) An unsafe condition on a crane determined by an inspection shall be corrected by a designated trained employee or a qualified crane service company before the crane is put into operation. Designated repair personnel shall have a thorough background in either mechanical or electrical operating systems, or both, and shall also have a permit to operate the type of crane that is being serviced.

(3) Before adjustments or repairs are commenced on a crane, all of the following precautions shall be taken:

(a) A crane to be repaired shall be moved to a location where it will cause the least interference with other moving equipment on the track or rails and operations in the area.

(b) Controllers shall be placed in the "off" position.

(c) The main switch shall be placed in the "off" or "open" position and locked out, except where power is necessary to adjust or service the crane.

(d) A warning sign or "out of order" sign shall be placed at the operator control station.

(e) Illumination of not less than 15 footcandles intensity shall be provided while maintenance is performed on a crane.

(4) If any other crane uses the same runway, then a protective device shall be used to prevent interference with the idle crane undergoing repairs. If the protective device is impracticable, then a signal person shall be placed at a visual vantage point to warn the operator of the active crane when it reaches the limit of safe distance from the idle crane.

(5) A crane that has been adjusted or repaired shall not be returned to normal operation until all guards have been replaced, locks removed by those who installed them, or their supervisor, safety devices reactivated, and the maintenance equipment removed.

(6) Manual lubrication on a crane shall comply with subrule (3)(c) of this rule.

(7) An accumulation of dirt on a crane that would create a hazardous condition shall be removed.

History

• History: 1979 AC; 2002 AACS.

R 408.11901 to R 408.11972 Part 19. Crawler, Locomotive, and Truck Cranes

Mich. Admin. Code R 408.11901 Scope {#sec-r-408.11901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the general industry safety standards commission by sections 16 and 21 of Act No. 154 of the Public Acts of 1974, as amended, being SS408.1016 and 408.1021 of the Michigan Compiled Laws)

PART 19. CRAWLER, LOCOMOTIVE, AND TRUCK CRANES

Rule 1901. This part provides for the safe construction and maintenance of crawler, locomotive, and truck cranes, including mobile hydraulic cranes, used only as lifting cranes, by the employer and their safe use by the employee in, around, and about a place of employment. Railway cranes on public right-of-ways for clearing wrecks are excluded.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11902 Adoption of standards by reference {#sec-r-408.11902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11902}

Rule 1902. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American Society of Mechanical Engineers (ASME) Standard ASME B30.5 “Crawler, Locomotive and Truck Cranes,” 1968 edition. Cost: $60.00.

(b) American National Standard Institute (ANSI) Standard, ANSI B30.15 “Mobile Hydraulic Cranes,” 1973 edition. Cost $60.00.

(2) The standards adopted in subrule (1) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The Michigan occupational safety and health standard Construction Safety Standard Part 10 “Lifting and Digging Equipment,’ R 408.41001a to R 408.41075a, is referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2013 AACS.

Mich. Admin. Code R 408.11903 Definitions; B, C {#sec-r-408.11903 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11903}

Rule 1903. (1) "Boom" means a structural member hinged at the lower end to a fixed location and used for supporting hoisting tackle.

(2) "Boom angle" means the acute angle between the longitudinal center line of the boom and the horizontal.

(3) "Boom stop" means a device used to limit the angle of the boom at the highest position.

(4) "Crawler crane" means a rotating superstructure with a power plant, operating machinery, and boom mounted on a base equipped with crawler treads for travel, and used for hoisting and swinging loads.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11904 Definitions; J to R {#sec-r-408.11904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11904}

Rule 1904. (1) "Jib" means an extension attached to a boom point to provide added boom length for lifting a specific load. A jib may be in line with the boom or offset to various angles.

(2) "Load rating" means the rating in pounds established by the manufacturer in conjunction with R 408.11923 and is dependent on such factors as anchorage, structural competence, rope strength, and hoist capacity.

(3) "Locomotive crane" means a rotating superstructure with a power plant, operating machinery, and boom mounted on a base or car equipped for travel on a railroad track. It may be self-propelled or propelled by an outside source.

(4) "Mobile hydraulic crane" means a crane using a hydraulic means of powering some of the basic crane functions.

(5) "Reeving" means a rope system in which the rope travels around drums and sheaves.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11905 Definitions; S {#sec-r-408.11905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11905}

Rule 1905. (1) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(2) "Side loading" means a load applied at an angle to the vertical plane of the boom.

(3) "Standby" means not to be in regular service, but used intermittently or occasionally as required.

(4) "Standing rope" means a supporting rope which maintains a constant distance between points of attachment to the 2 components connected by the rope.

(5) "Structural competence" means the ability of a machine and its components to withstand the stresses imposed by applied loads.

(6) "Swing" means the rotation of a mast or boom for movement of loads in a horizontal direction about the axis of rotation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11906 Definitions; T to W {#sec-r-408.11906 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11906}

Rule 1906. (1) "Truck crane" means a rotating superstructure with a power plant, operating machinery, and boom mounted on an automotive truck equipped with a power plant for travel.

(2) "Whipline" means a separate or auxiliary hoist rope system of lighter load capacity and higher speed than provided by the main hoist.

(3) "Winch head" means a power driven spool for handling of a load by means of friction between fiber or wire rope and the spool.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11911 Employer responsibilities {#sec-r-408.11911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11911}

Rule 1911. (1) An employer shall limit the use of a crawler, locomotive, or truck crane to:

(a) An employee who has been trained and qualified to operate the type crane to which he is assigned.

(b) A learner under the direct supervision of a designated employee.

(c) Authorized maintenance personnel during the performance of their duties.

(2) An employer shall maintain a crane and its accessories in a condition which will not endanger an operator or other employees.

(3) An employer shall limit the use of a crane to its maximum rated capacity.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11912 Employee responsibilities {#sec-r-408.11912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11912}

Rule 1912. (1) An employee, except a learner, shall pass a qualification test including items in R 408.11915 before operating a crane.

(2) An operator shall report any defects of a crane to his supervisor.

(3) An unauthorized employee shall not enter a crane cab.

(4) An unauthorized employee shall not ride on any exterior part of a crane.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11913 Operator selection {#sec-r-408.11913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11913}

Rule 1913. (1) An employer shall be able to demonstrate that an employee is trained and qualified to operate the equipment prior to authorizing the employee to operate the equipment. A permit system may be used to comply with this rule.

(2) An employee assigned to operate a crawler, locomotive, or truck crane shall have his or her ability to meet the minimum requirements in this rule verified not less than every 3 years.

History

• History: 1979 AC; 1991 AACS; 2013 AACS.

Mich. Admin. Code R 408.11914 Operator training {#sec-r-408.11914 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11914}

Rule 1914. An employer shall provide training to a prospective crane operator prior to assignment as an operator of a crane. Instruction shall include:

(a) Capabilities of the equipment and attachments.

(b) Purpose, use, and limitations of the controls.

(c) How to make daily inspections of the equipment.

(d) Practice in operating assigned equipment through the functions necessary to perform the job.

(e) A review of state standards, company rules, and regulations applicable to crane operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11915 Operator testing {#sec-r-408.11915 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11915}

Rule 1915. An employer shall determine the ability of an employee before authorizing the employee to operate a crane. This determination shall be based on the employee's:

(a) Operating ability.

(b) Knowledge of the equipment.

(c) Knowledge of state standards, company rules, and regulations applicable to crane operation.

(d) Knowledge of daily inspections of the equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11916 Rescinded {#sec-r-408.11916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11916}

CONSTRUCTION

History

• History: 1979 AC; 1983 AACS; 1997 AACS.

Mich. Admin. Code R 408.11921 Construction; standards {#sec-r-408.11921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11921}

Rule 1921. (1) A crawler, locomotive or truck crane, purchased or modified after December 28, 1974, shall be as prescribed in Chapter 501 and Section 5-2.2 of Chapter 5- 2, ASME B30.5 “Crawler, Locomotive and Truck Cranes,” 1968 edition, as adopted in R 408.11902.

(2) A mobile hydraulic crane purchased or modified after December 28, 1974, shall be as prescribed in Chapter 15-1 and Section 15-2.2 of Chapter 15-2, ANSI B30.15 “Mobile Hydraulic Cranes,” 1973 edition, as adopted in R 408.11902.

(3) A crawler, locomotive, or truck crane purchased after August 31, 1971, shall be modified to conform to Chapter 5 and Section 5-2.2 of Chapter 5-2 of ASME B30.5 “Crawler, Locomotive, and Truck Cranes” 1968 edition or Chapter 15-1 and Section 15- 2.2 of Chapter 15-2 of ANSI B30.15 “Mobile Hydraulic Cranes,” 1973 edition, as adopted in R 408.11902.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11923 Rating charts {#sec-r-408.11923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11923}

Rule 1923. (1) A legible rating chart shall be provided at the operator station showing not less than the following information for crawler, locomotive, or truck cranes:

(a) Load capacity relating to corresponding boom angles and operating radii for all boom lengths, jib lengths, and angles. Where optional equipment, such as outriggers or extra counterweights, is provided by the manufacturer, alternate ratings shall be provided in addition.

(b) Where structural competence limits the ratings, such information shall be shown on the chart.

(2) The required parts of line for hoist reeving, including the size and construction of rope, shall be on the rating chart or in the operating manual.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11924 Ballast and counterweight {#sec-r-408.11924 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11924}

Rule 1924. A crane shall not be operated with more than the designed amount of ballast or counterweight. The amount of ballast or counterweight shall not be changed without authorization of the manufacturer in writing and making corresponding changes in the rating chart prescribed in R 408.11923.

OPERATION

History

• History: 1979 AC.

Mich. Admin. Code R 408.11931 Operating practices; general {#sec-r-408.11931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11931}

Rule 1931. (1) An operator shall respond to signals only from the designated signalman using appropriate signals, except where voice communications equipment is used (See figure 1). An operator shall obey a stop signal from anyone.

(2) A crane shall be equipped with an audible signaling device which shall be actuated before traveling and intermittently during travel when approaching an employee. When moving a crane, the following signals shall be used:

(a) Stop, 1 audible signal.

(b) Go ahead, 2 audible signals.

(c) Back up, 3 audible signals.

(3) An operator is responsible for those operations under his control. Whenever there is doubt as to safety, he shall stop operations until safety is assured.

(4) An operator shall not close a switch or start an engine if there is a warning sign or tag on the starting controls until the sign or tag has been removed by the employee placing it or removed by an authorized employee after making sure the hazard is removed. Before closing a switch or starting an engine, an operator shall see that all controls are in the off position and all employees are in the clear.

(5) If power fails during operation, the operator shall:

(a) Set all brakes and locking devices.

(b) Move all clutches and other power controls to the off or neutral position, unless such action would create an unsafe condition.

(c) If practicable, land any suspended load under brake control.

(6) An operator shall test all controls at the start of a shift. Needed adjustments shall be made before operations begin.

Figure for 408.11931 (1 of 3)

Figure for 408.11931 (2 of 3)

Figure for 408.11931 (3 of 3)

History

• History: 1979 AC.

Mich. Admin. Code R 408.11932 Operating practices {#sec-r-408.11932 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11932}

Rule 1932. (1) An operator shall not leave a crawler, locomotive, or truck crane unattended until:

(a) Any attached load, bucket, lifting magnet, or other device is landed.

(b) The master clutch is disengaged.

(c) The travel, swing and boom brakes and other locking devices are set.

(d) The clutch controls are in the off or neutral position unless such action would create an unsafe condition.

(e) The engine is stopped.

(f) The crane is secured against accidental travel.

(2) When assembling or disassembling a boom on the ground, it shall be blocked to prevent dropping the boom and boom sections.

(3) When a boom section is manually telescoped it shall be positioned so that through and through pinning of the cylinder eye may be accomplished and shall be checked in a horizontal position.

(4) When 2 or more cranes are used to lift a single load, 1 designated employee shall direct the rigging, lift and movement.

(5) A locomotive crane shall not be rotated into a position where other railcars on an adjacent track might strike it, except where it has been ascertained that cars are not moving on the adjacent track and flag protection has been provided.

(6) Specified tire pressures shall be maintained.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11933 Attaching and holding load {#sec-r-408.11933 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11933}

Rule 1933. (1) A load shall be attached to the hook by means of a sling or other lifting device. The hoist rope shall not be wrapped around a load except when setting or removing a pole.

(2) Before starting to hoist, the operator shall make sure:

(a) The hoist rope is not kinked.

(b) The multiple part lines are not twisted around each other.

(c) The hook is not swinging when brought over the load.

(3) An employee shall not be permitted to pass or stand under a suspended load.

(4) An operator shall not load a crane beyond the rated load. A load which is limited by structural competence rather than by stability shall be checked by the operator to determine that the weight does not exceed the rated load.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11934 Moving load {#sec-r-408.11934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11934}

Rule 1934. (1) In moving a load, an operator shall avoid sudden acceleration and deceleration of a movement of the boom which would cause a swinging action by the load.

(2) An operator shall not move a load or hook if an employee is on it.

(3) A load shall be secured and balanced before it is lifted more than 6 inches.

(4) An operator shall test the hoisting brakes before moving a near rated load by raising the load a few inches and applying the hoisting brakes. This requirement applies to both single or multiple line reeving.

(5) A load or boom shall not be lowered below a point where less than 2 full wraps of rope remain on the drum.

(6) A load shall not be moved in a manner to contact obstructions.

(7) The rotational speed of a crane shall be such that the center of the load does not swing out beyond the radius of the point sheave in use. A tag line shall be used when rotation of the load would be hazardous.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11935 Moving load {#sec-r-408.11935 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11935}

Rule 1935. (1) A crane shall not be used for dragging a load sideways.

(2) A load shall not be lifted over the front area of a truck crane, unless it is within the capacity of the rating chart for the front area of the truck crane.

(3) Floats or pads secured to outriggers shall be used when the load to be handled at a particular radius exceeds the rated load without outriggers (see R 408.11923). A wood block used to support an outrigger shall be:

(a) Of such size as to prevent shifting and toppling of the load.

(b) Of such strength to resist crushing.

(c) Free of defects such as knots and cracks which could affect its ability to support the load.

(4) Before lifting a load with a locomotive crane not using outriggers, a means shall be provided to prevent carrying the load on the truck springs. Rail clamps shall not be used to restrain a locomotive crane from tipping.

(5) Before moving with a load, a designated employee shall determine:

(a) Position to carry the load.

(b) Boom location.

(c) Ground conditions.

(d) Travel route.

(e) Speed of movement.

(f) Location of overhead wires.

(6) A crane, while moving from 1 location to another, shall have:

(a) The boom carried in line with the direction of movement.

(b) The superstructure secured against rotation, except when negotiating a turn with an operator in the cab or the boom on a dolly.

(c) An empty hook restrained against movement.

(7) A crane with or without a load shall not travel with the boom at a height that it may bounce back over the cab.

(8) A crane operating at a fixed radius shall have the boom-hoist pawl or other positive locking device engaged.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11936 Operating near power line {#sec-r-408.11936 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11936}

Rule 1936. (1) Any overhead wire shall be considered an energized line until a representative of the owner or utility has checked and indicated otherwise.

(2) Before any crane operation is started near a power line the owner or utility representative shall be notified.

(3) Except where electrical power lines and equipment have been deenergized and visibly grounded at the point of work or where an insulating barrier, not a part of the crane, has been erected, or the employee is insulated or isolated from the crane, a crane shall maintain clearances in accordance to the following:

Voltage Clearance Boom Raised Clearance in transit with Boom Lowered and No.

Load To 50 KV 10 Feet 4 Feet Over 50 KV 10 Feet + .4 inch per KV - 50 to 345 KV - 10 Feet 346 to 750 KV - 16 Feet (4) A cage-type boom guard, insulating link, or proximity warning device may be used, but their use shall not change the requirement of subrule (3).

History

• History: 1979 AC.

Mich. Admin. Code R 408.11937 Work platform requirements {#sec-r-408.11937 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11937}

Rule 1937. If a work platform is attached to the loadline of a crawler, locomotive, or truck crane, the employer shall comply with the provisions of Construction Safety Standard Part 10 “Lifting and Digging Equipment,” as referenced in R 408.11902.

History

• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.11941 Cabs and operating enclosures {#sec-r-408.11941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11941}

Rule 1941. Clothing, personal belongings, tools, and other articles within a cab or operating enclosure shall be stored in cabinets, boxes, or other means so as not to interfere with access or operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11942 Fire extinguishers {#sec-r-408.11942 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11942}

Rule 1942. A portable dry powder fire extinguisher with not less than 5 BC rating, or equivalent, shall be kept in the cab, or in the operating enclosure, or on the unit. The operator and maintenance employees shall be trained in its use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11943 Refueling {#sec-r-408.11943 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11943}

Rule 1943. (1) A crawler, locomotive, or truck crane fuel tank shall not be refueled while the engine is running.

(2) When refueling is done with portable containers, the containers shall be safety cans which have automatic closing caps. The containers shall be approved by underwriters laboratories, inc., factory mutual laboratory, or other nationally recognized laboratory.

(3) A person shall not smoke, and sources of sparks and flame shall not be located, within 25 feet of a refueling operation.

INSPECTION

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.11951 Inspection records and inspector {#sec-r-408.11951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11951}

Rule 1951. (1) The inspection of a crawler, locomotive, or truck crane covered by R 408.11952 to R 408.11956 shall be made by an authorized and trained employee or outside service.

(2) Records shall be maintained of inspection results of monthly inspections on brakes, hooks, and ropes, and semi-annual inspections of hydraulic relief pressure valves.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11952 Initial inspections {#sec-r-408.11952 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11952}

Rule 1952. A crawler, locomotive, or truck crane shall be inspected prior to initial use and after modification to insure compliance with this part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11953 Frequent inspections {#sec-r-408.11953 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11953}

Rule 1953. (1) A crawler, locomotive, or truck crane shall be given the following daily to monthly visual inspections:

(a) Control mechanisms for wear and malfunction, each daily use.

(b) Deterioration or leakage of air or hydraulic systems, each daily use.

(c) Hydraulic system for oil level, each daily use.

(d) Hydraulic hoses and fittings for leaks and deterioration.

(e) All running ropes, each daily use.

(f) Lifting hooks for deformation or cracks. A hook having a crack, a throat opening of more than 15% of normal or more than 10 degree twist from the plane of an unbent hook shall be replaced.

(g) Rope reeving in conformance with the original installation.

(h) Electrical apparatus for malfunction, wear, dirt, and moisture accumulations.

(i) Tires for specified pressure.

(2) A crawler, locomotive, or truck crane shall be given a visual inspection not less than monthly for malfunction of safety devices.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11954 Periodic inspections {#sec-r-408.11954 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11954}

Rule 1954. A crawler, locomotive, or truck crane shall be given the following monthly to yearly inspections:

(a) Structural members and boom for cracks, deformation, and corrosion.

(b) Bolts and rivets for tightness.

(c) Sheaves, drums, pins, bearings, shafts, gears, rollers, locking, and clamping devices for wear, distortion, and cracks.

(d) Power sources for performance.

(e) Brake and clutch system parts, linings, pawls, and ratchets for excessive wear.

(f) Load, boom angle, and other indicators for inaccuracies over their full range.

(g) Travel, steering, braking, and locking devices for malfunction.

(h) Tires for wear or damage.

(i) Radiators and oil coolers for leakage, blockage of air passages and improper performance.

(j) Rust on piston rods and control valves.

(k) Oil strainers and filters for blockage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11955 Wire rope inspection {#sec-r-408.11955 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11955}

Rule 1955. (1) Running ropes in continuous service shall have an inspection not less than once a month. The inspection shall include:

(a) Measurement of diameter of rope.

(b) Count of broken wires in 1 lay when concentrated.

(c) End connections for broken wires.

(d) Corrosion, kinking, crushing, cutting, or other conditions affecting the capability of the rope.

(e) Cracked, bent, worn, corroded, or improperly applied end connectors.

(2) For rope in contact with equalizer sheaves or with saddles, or on sheaves where rope travel is limited, the inspection shall include moving the rope from its normal position on the sheave and examining the rope at the rope contact point.

(3) Inspection of a nonrotating type rope shall include the determination that the wires are not broken or worn within the rope.

(4) A rope which has been idle more than 1 month, shall be given a complete inspection prescribed in subrule (1) before being placed in service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11956 Occasional and out of service inspections {#sec-r-408.11956 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11956}

Rule 1956. (1) A crawler, locomotive or truck crane which has been idle more than 1 month, but less than 6 months shall receive an inspection as prescribed in R 408.11953 and R 408.11955 before being placed in service.

(2) A crawler, locomotive or truck crane, which has been idle more than 6 months, shall receive an inspection as prescribed in R 408.11953 or R 408.11954 and R 408.11955 before being placed in service.

(3) A standby crawler, locomotive or truck crane shall be inspected at not less than 6 month intervals as prescribed in subrule (1).

History

• History: 1979 AC.

Mich. Admin. Code R 408.11957 Tests for crawler, locomotive and truck cranes {#sec-r-408.11957 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11957}

Rule 1957. (1) A crawler, locomotive or truck crane, prior to initial use and after modification, shall be given an operational test to insure compliance with this part, including the following:

(a) Load hoisting and lowering mechanisms.

(b) Boom hoisting and lowering mechanisms.

(c) Travel mechanism.

(d) Safety devices.

(e) Boom extension mechanisms for a mobile hydraulic crane.

(2) A test load for a crawler, locomotive or truck crane shall not exceed 110% of the rated load at any working radius.

(3) Results of operational tests and load tests shall be maintained at the job site.

(4) Where rerating is necessary, it shall be as prescribed in Section 5-2.2 of Chapter 5-2 of ASME B30.5 “Crawler, Locomotive and Truck Cranes,” 1968 edition, as adopted in R 408.11902. Rerating shall not be in excess of the original load rating unless a letter of approval is obtained from the manufacturer and maintained at the job site.

MAINTENANCE

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.11971 Maintenance generally {#sec-r-408.11971 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11971}

Rule 1971. (1) An employer shall establish and maintain a preventative maintenance program under the supervision of an authorized and trained employee or outside service.

(2) Before adjustments and repairs to a crawler, locomotive, or truck crane are started, the following steps shall be taken:

(a) The crawler, locomotive, or truck crane shall be placed where it does not interfere with other operations.

(b) A "warning" or "out of order" sign shall be placed at the controls, and the controls shall be in the "off" position. The sign need not be used if the energy source is locked out.

(c) The power plant shall be disconnected, locked out, or made safe by other means.

(d) The boom shall be lowered to the ground or otherwise secured against dropping.

(e) All hydraulic cylinders used for boom hoist and boom telescope on a mobile hydraulic crane shall be retracted.

(f) Hydraulic oil pressure from all hydraulic circuits shall be relieved before loosening or removing hydraulic components of a mobile hydrauliic crane.

(g) The load block shall be lowered to the ground or otherwise secured against dropping, except when operation is necessary for the adjustment.

(3) After adjustments and repairs have been completed, the crawler, locomotive or truck crane shall not be returned to operations until all guards have been installed, safety devices activated, trapped air removed from the hydraulic system of a mobile hydraulic crane and maintenance equipment and warning signs or out of order signs removed.

(4) Hazardous conditions disclosed by the inspection requirements of R 408.11952 to R 408.11956 shall be corrected before operation of the crawler, locomotive, or truck crane is resumed.

(5) Adjustments shall be maintained to assure correct functioning of such components as operating mechanisms, safety devices, control systems, power plants, brakes and clutches.

(6) The original safety factor shall be maintained when repairs and replacements are made. Hooks showing defects indicated in R 408.11953 shall be replaced. Pitted or burned electrical contacts affecting their operations shall be replaced in sets.

(7) A crane or its wire rope shall not be used as a ground or to carry current. The ground shall be attached to the part being welded while welding.

History

• History: 1979 AC.

Mich. Admin. Code R 408.11972 Maintenance; wire rope {#sec-r-408.11972 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.11972}

Rule 1972. (1) Running wire ropes shall be replaced when they show 6 random broken wires in 1 rope lay or 3 broken wires in 1 strand of a rope lay; wear of 1/3 of the original diameter of outside individual wires; kinking, crushing or bird caging; heat damage; reduction in nominal diameter of 3/64 inch for ropes to 3/4 inch, 1/16 inch for ropes 7/8 inch to 1 1/8 inch, 3/32 inch for ropes 1 1/4 inch to 1 1/2 inch.

(2) A standing wire rope shall be replaced if it has more than 2 broken wires in 1 lay in a section beyond an end connection or 1 broken wire at an end connection.

(3) A wire rope having more than 1 broken wire at a socketed fitting shall be resocketed.

(4) Wire rope shall be stored in a manner to prevent damage or deterioration and handled in a manner to prevent kinking or twisting.

(5) Before cutting preformed rope, seizing shall be placed on each side of the cut to prevent unlaying of the strands. On nonpreformed rope 7/8 inch in diameter or smaller, 2 seizings shall be placed on each side of the cut, and for nonpreformed rope more than 7/8 inch in diameter, 3 seizings on each side shall be used.

(6) During installation, wire rope shall not be dragged in dirt or around sharp objects.

History

• History: 1979 AC.

R 408.12001 to R 408.12045 Part 20. Underhung Cranes and Monorail Systems

Mich. Admin. Code R 408.12001 Scope {#sec-r-408.12001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 20. UNDERHUNG CRANES AND MONORAIL SYSTEMS

Rule 2001. This part applies to power-driven cranes, classified as underhung, single-leg gantry, and jib, operating on the bottom flange of a track section and to singletrack monorail systems. This part does not include monorail systems used only to transport personnel or to monorail-type conveyor systems commonly referred to as overhead trolley conveyors or power and free trolley conveyors. This part does not apply to a crane with a manually moved type bridge or trolley.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12002 Adoption of standards by reference {#sec-r-408.12002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12002}

Rule 2002. (1) The American Society of Mechanical Engineers (ASME) Standard ASME B30.11 “Monorail Systems and Underhung Cranes,” 1993 edition, is adopted by reference in these rules and is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at the following website: http://global.ihs.com, at a cost as of the time of adoption of these rules of $60.00.

(2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 1. “General Provisions,”

R 408.10001 to R 408.10098.

(b) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(c) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

History

• History: 1990 AACS; 2013 AACS; 2019 AACS.

Mich. Admin. Code R 408.12004 Definitions; H to M {#sec-r-408.12004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12004}

Rule 2004. (1) "Hooker" means an employee who attaches the load to the hook.

(2) "Hot metal crane" means a crane or monorail system which transports molten metal.

(3) "Jib crane" means a crane with a horizontal arm (jib) designed to rotate around a vertical member.

(4) "Modified" means a change in design or rating.

(5) "Monorail system" means an overhead track from which hoisting equipment travels to transport loads and includes curves, switches, transfer devices, drop sections, hangers, and related equipment.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12005 Definitions; P to U {#sec-r-408.12005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12005}

Rule 2005. (1) "Preformed" means to permanently shape wires and strands before fabrication into wire rope.

(2) "Pulpit" means an operator compartment located at a fixed position remote from the crane or monorail equipment.

(3) "Safety factor" means the ratio of the breaking strength of a material to the maximum designed stress.

(4) "Seizing" means to bind the end of a wire rope with a soft annealed iron wire.

(5) "Side pull" means to pull a load with a hoist, chain, or cable other than vertically.

(6) "Single-leg gantry crane" means a crane similar to an underhung crane, except that the bridge for carrying the trolley is rigidly supported on one end by a vertical leg mounted on an end truck.

(7) "Swaged socket" means a fitting into which wire rope is inserted and attached by cold forming.

(8) "Underhung crane" means a crane with a traveling bridge which is suspended under its runway track system. A hoist trolley may be underhung or top running.

CONSTRUCTION, INSTALLATION, AND TESTING

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12011 Underhung cranes and monorail systems; adoption of standards by reference {#sec-r-408.12011 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12011}

Rule 2011. An underhung crane or monorail system installed, or that portion modified, after November 5, 1997, shall be in compliance with the requirements of ASME B30.11 “Monorail Systems and Underhung Cranes,” 1993 edition, as adopted in R 408.12002.

History

• History: 1990 AACS; 1997 AACS.; 2013 AACS.

Mich. Admin. Code R 408.12012 Cranes and hoists or lifting devices of monorail systems; marking of rated capacity {#sec-r-408.12012 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12012}

Rule 2012. (1) The rated capacity of a crane shall be legibly marked on the crane. If the crane has more than one hoisting unit, each hoist shall be legibly marked with its rated capacity.

(2) Each hoist or lifting device of a monorail system shall be legibly marked with its rated capacity.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12013 Safety factor for hoisting cables; wire rope {#sec-r-408.12013 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12013}

Rule 2013. (1) The designed safety factor for the hoisting cable on a hot metal crane shall be not less than 8 and on any other crane or monorail system shall be not less than 5.

(2) Wire rope, with an independent wire rope core, shall be used on all molten metal applications and in an area where the environmental atmosphere will cause deterioration of a hemp center.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12014 Single-leg gantry crane; positive mechanical restraint {#sec-r-408.12014 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12014}

Rule 2014. A single-leg gantry crane used out-of-doors shall be provided with a positive mechanical restraint to secure the crane against wind movement while parked.

If clamps act on the rail heads, beads or weld flash on the rail heads shall be ground off.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12015 Controls {#sec-r-408.12015 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12015}

Rule 2015. (1) Rope controls shall be marked for a floor-operated crane or monorail system to show the direction of travel.

(2) A pendant, radio, cab, or pulpit control station shall be equipped with a positive stop device, colored red, to disconnect all motors.

(3) The controller in a cab or pulpit shall be legibly marked to indicate function and direction.

(4) When the controller of a pendant or radio-controlled type crane is released from the "on" position, the controller shall automatically return to the "off" position.

(5) A transmitter for a radio-controlled crane or a monorail system shall be stored in a locked cabinet or a supervised storage area when not in use.

(6) A crane or monorail system shall be provided with an operable overtravel limit device in the hoisting direction. The device shall be adjusted so that it is tripped under all conditions to prevent contact of the hook or block with the hoist or trolley frame.

(7) A crane or monorail system which is not equipped with a spring-return controller or momentary contact push button shall be provided with a device which disconnects all motors from the line on failure of power and which does not permit restarting until the controller handle is brought to the "off" position or until a reset switch or button is operated.

(8) The pendant push-button enclosure shall be grounded and legibly marked for identification of functions.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12016 Access, clearances, and barriers {#sec-r-408.12016 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12016}

Rule 2016. (1) Safe access must be provided to a cab operated crane by a fixed ladder, stairway, or walkway.

(2) Conductors of the open type that are mounted on the crane runway, bridge, or monorail beams or overhead must be located or guarded so that an operator at the normal operator’s position or persons entering or leaving the cab or crane footwalk could not, under normal conditions, come into contact with them.

(3) A catwalk on a crane must have a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.12002. A floor opening in a crane platform, if equipped with a hinged cover, need not be equipped with a standard barrier. The cover must be kept closed, except when an employee is entering or leaving the opening.

(4) Safe clearance must be provided between fixed objects and the monorail system where there is employee exposure.

History

• History: 1990 AACS; 2013 AACS; 2019 AACS.

Mich. Admin. Code R 408.12017 Hoisting brakes; equipment handling molten metal {#sec-r-408.12017 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12017}

Rule 2017. (1) Each independent hoisting unit on a crane or monorail hoisting equipment handling molten metal shall be equipped with not less than 2 holding brakes.

(2) A single brake is permitted where a hot metal monorail hoist is equipped with physical stops limiting ladle travel.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12018 Attaching hoisting units {#sec-r-408.12018 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12018}

Rule 2018. Unless the hoisting unit is lug or deck-mounted or an integral part of the trolley, the unit shall be attached to the trolley by a clevis or safety hook.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12019 Trolley and bridge stops {#sec-r-408.12019 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12019}

Rule 2019. (1) Stops shall be provided at ends of travel of the trolley or bridge.

(2) Stops shall be provided at open ends other than the ends of runs. These may occur at track switches, interlocking cranes, track opener, lift-out section, turntables, and drop, lift, or transfer sections. Such stops shall meet the same safety requirements as the end stop.

(3) Stops shall be provided to resist forces of impact of a crane or trolley carrying its rated load at 40% of the rated speed.

OPERATORS AND OPERATIONS

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12021 Operator selection; cab-operated or pulpit-operated equipment {#sec-r-408.12021 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12021}

Rule 2021. (1) An employer shall be able to demonstrate that an employee is trained and qualified to operate the equipment prior to authorizing the employee to operate the equipment. A permit system may be used to comply with this rule.

(2) An employee assigned to operate cab-operated or pulpit-operated equipment shall meet the minimum requirements stated in this rule and shall be retested at least once every 3 years or more often when there is reason to doubt safe operating ability.

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.12022 Operator training {#sec-r-408.12022 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12022}

Rule 2022. An employer shall train a prospective operator before assignment as an operator of a crane or monorail system. Training shall include all of the following:

(a) Capabilities of equipment and attachments.

(b) Purpose, use, and limitation of controls.

(c) How to make daily visual inspections.

(d) Practice in operating assigned equipment through its functions necessary to perform the required jobs.

(e) A review of applicable state standards.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12023 Operator testing; cab-operated or pulpit-operated equipment {#sec-r-408.12023 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12023}

Rule 2023. An employer shall test the knowledge and ability of an employee before authorizing the employee to operate a crane or cab-operated or pulpitoperated monorail equipment. The test shall determine all of the following with respect to the employee:

(a) Operating ability.

(b) Knowledge of equipment.

(c) Knowledge of daily checks.

(d) Knowledge of the use of fire extinguishers.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12024 Limitations on use of a cab-operated crane or monorail equipment {#sec-r-408.12024 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12024}

Rule 2024. (1) An employer shall limit the use of a cab-operated crane or monorail equipment to the following:

(a) An employee who has been trained and qualified to operate the type of crane or monorail equipment to which the employee is assigned.

(b) A learner under the direct supervision of a qualified person.

(c) Its maximum rated capacity.

(d) Maintenance personnel, during performance of their duties, who have been trained and qualified to operate that type of equipment.

(2) An employer shall establish and implement a safe method, applicable to authorized employees, for boarding and leaving a cab-operated crane or monorail equipment.

(3) An unauthorized employee shall not enter a cab or pulpit.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12025 Reporting defects in crane or monorail equipment {#sec-r-408.12025 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12025}

Rule 2025. (1) An operator shall report any safety defects in a crane or monorail equipment to the operator's supervisor.

(2) A crane or monorail system in need of repair shall have a warning or "out of order" sign placed at the operator control station if the crane or monorail system is to be left unattended.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12026 Personal protective equipment {#sec-r-408.12026 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12026}

Rule 2026. For personal protective equipment requirements, see General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.12002.

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.12031 Operation of equipment; instructions {#sec-r-408.12031 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12031}

Rule 2031. (1) An operator, when starting on duty, shall comply with the following provisions:

(a) Not close the main switch, disconnect, or emergency contactor until the operator checks to see if anyone is on the crane or monorail system.

(b) Not close the main switch if a warning sign is on the crane or monorail system, hook, or main switch.

(c) Function test the controls and brake or brakes.

(2) When a load approaches the rated load, the operator shall test the hoisting brake or brakes by raising the load a few inches and applying the brake or brakes.

(3) A hoisting limit switch on equipment or hoisting means shall not be used as an operating control unless the equipment is also equipped with a backup limit switch.

(4) A load shall not be lowered below a point where less than 2 full wraps of wire rope remain on the hoisting drum.

(5) When there is doubt concerning the safety of equipment, an operator shall stop the crane or monorail equipment and report the condition creating this doubt to the operator's supervisor.

(6) Before leaving a cab-operated crane or monorail equipment with powered trolley and hoist unattended, an operator shall land any attached load, place the controllers in the "off" position, and open the main switch or disconnect switch.

Before closing a main switch or disconnect on a cab-operated crane or monorail system, the operator shall make sure all controllers are in the "off" position.

(7) An operator of a floor-controlled crane or monorail equipment shall land any attached load before leaving the crane.

(8) An operator leaving an outdoor crane shall secure it as prescribed in R 408.12014.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12032 Signals; table 1 {#sec-r-408.12032 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12032}

Rule 2032. (1) An operator shall respond to a signal only from the employee directing a lift. However, the operator shall obey an emergency stop signal from any employee at all times. The signals given an operator shall conform to table 1. When 2 or more cranes are used to lift a load, a designated employee shall give all signals.

(2) Table 1 reads as follows:

Table 1 HOIST.

With forearm vertical, forefinger pointing up, move hand in small horizontal circle.

LOWER.

With arm extended downward, forefinger pointing down, move hand in small horizontal circles.

BRIDGE TRAVEL.

Arm extended forward, hand open and slightly raised, make pushing motion in direction of travel.

TROLLEY TRAVEL.

Palm up, fingers closed, thumb pointing in direction of motion, jerk hand horizontally.

STOP.

Arm Extended, palm down, hold position rigidly.

EMERGENCY STOP.

Arm extended, palm down, move hand rapidly right and left.

MULTIPLE

TROLLEYS.

Hold up one finger for MOVE SLOWLY.

Use one hand to give any motion signal and MAGNET IS DISCONNECTED.

Crane operator spreads Table 1 block marked “1” and two fingers for block marked “2”, Regular signals follow. place other hand motionless in front of hand giving the motion signal.

(Hoist slowly shown as example.) both hands apart – palms up.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12033 Lifting {#sec-r-408.12033 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12033}

Rule 2033. (1) An operator of a crane or monorail system shall not carry a load over an employee.

(2) An employee shall not place his or her body under a load supported only by a crane or monorail system.

(3) A crane or monorail system shall not be used to make a side pull, except where it has been specifically established by a qualified person that such a side pull and possible consequent load swing will not endanger employees or result in equipment deterioration creating a potential hazard.

(4) Compressed gas containers shall be lifted only by a cradle or enclosed platform.

(5) The rated capacity of a crane or monorail system shall not be exceeded, except as required for test purposes.

(6) When attaching or moving a load, the operator or hooker shall insure that all of the following provisions are complied with:

(a) The hoisting rope or chain is free of kinks or twists and not wrapped around the load.

(b) The load is attached to the load block hook by means of a sling or other approved device.

(c) The sling and load will clear all obstacles or obstructions.

(d) The load is balanced and secured before lifting the load more than a few inches.

(e) That multiple lines are not twisted around each other.

(f) The hook is brought over the load in a manner to prevent swinging.

(g) Load line slack is gradually removed and there is no sudden acceleration or deceleration of the moving load.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12034 Warning device; wind-indicating device {#sec-r-408.12034 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12034}

Rule 2034. (1) A crane or monorail equipment, except a pendant or ropecontrolled crane or monorail equipment where the operator and other employees in the area of the load can see all load movements, shall be equipped with a warning device, such as a flashing light, horn, bell, or siren. An operator shall use a warning device before starting and intermittently while traveling in an occupied area.

(2) A wind-indicating device shall be provided on an outdoor storage gantry-type crane which gives a visual or audible alarm to the operator at a predetermined wind velocity. When the warning is given, the crane shall be secured as prescribed in R 408.12014.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12035 Storing tools and other necessary articles; fire extinguisher {#sec-r-408.12035 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12035}

Rule 2035. (1) Tools and other necessary articles shall be stored in a secured container and not allowed to be loose in the cab or on the crane.

(2) On cab-operated equipment, a class "C" or multi-purpose fire extinguisher shall be provided and maintained in a location accessible to the crane operator.

INSPECTION AND MAINTENANCE

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12041 Shift inspections {#sec-r-408.12041 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12041}

Rule 2041. At the beginning of each shift during which a crane or monorail system is used, a daily visual inspection shall be made in accordance with table 2.

The visual inspection shall be limited to that which can be made from a catwalk or other safe observation point.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12042 Monthly to yearly inspections; records; table 2 {#sec-r-408.12042 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12042}

Rule 2042. (1) Monthly-to-quarterly and yearly inspections shall be made in accordance with table 2. Where supported by a documented record, monthly-toquarterly inspections may be scheduled less frequently but not longer than semiannually.

Before use, a crane or monorail system used in a corrosive atmosphere which has been idle for more than 1 month shall be inspected for all items specified in table 2. Where conditions of extreme duty cycle, heat, and corrosive or climatic extremes exist, more frequent inspections shall be conducted before use.

(2) Records of all monthly-to-quarterly and yearly inspections shall be kept for not less than 2 years.

(3) Table 2 reads as follows:

TABLE 2 - MINIMUM INSPECTION SCHEDULE

ITEM DAILY

MONTHLY TO

QUARTERLY

YEARLY OR

MORE OFTEN

Operating Mechanisms Visual for function Check for wear, distortion and fractures Limit Switches Visual & operational for function Check for adjustment and wear Air Systems Visual for leaks Visual for leaks Hydraulic Systems Visual for leaks Visual for leaks and abrasions Hooks* Visual For deformation and cracks Chains Visual For wear, elongations and twist Measure for wear and elongation Wire Rope** Visual for wear, elongations and twist Measure for wear Slings Visual For wear, broken wire, kinks Measure for wear Rope Reeving Visual for proper seating in drum and sheave grooves Visual for proper seating in drum and sheave grooves Chain Drive Sprockets Check for wear Drive Chain Check for stretch Brake System *** Functional test Check for adjustment and wear Sheaves Check For wear and cracks Drums Check For wear and cracks Fasteners Check for tightness Electrical Apparatus Check electrical components for function, loose connections & deterioration Lock and Clamp Mooring Devices Visual for function and wear Check for wear, distortion and fractures Cab Check hangers and fasteners TABLE 2 - MINIMUM INSPECTION SCHEDULE ITEM DAILY MONTHLY TO QUARTERLY YEARLY OR MORE OFTEN Load, Wind and Other Indicators Accuracy Power Plants Performance and safety requirements End Stops on Bridge Visual to ensure they are in place Check bolts for tightness and wear *See rule 2045 **See rule 2044 ***See rule 2031(1)(c)

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12043 Maintenance of equipment: correction of unsafe condition; precautions; returning equipment to normal operation; removing dirt and debris {#sec-r-408.12043 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12043}

Rule 2043. (1) An employer shall maintain a crane, monorail system, and their accessories in a condition that does not endanger an operator or other employee.

(2) Before adjustments or repairs are commenced on a crane or monorail system, all of the following precautions shall be taken:

(a) A crane shall be repaired in a location where it causes the least interference with other moving equipment on the track or rails and operations in the area.

(b) Controllers shall be placed in the “off” position.

(c) Where an employee is working at or near a disabled crane and there is a parallel runway on that side, or where a section of track or runway is being repaired or replaced, and a hazard exists to the employee, the requirements of subrule (3) of this rule apply.

(d) The power to the crane or monorail system shall be locked out in accordance with R 408.10132 of General Industry Safety Standard Part 1 “General Rules,” as referenced in R 408.12002.

(3) Where any other crane or monorail systems uses the same runway, a protective device shall be used to prevent interference with the idle crane or monorail systems undergoing repairs. Where the protective device is impractical, a signalman shall be placed at a visual vantage point to warn the operator of the active crane or monorail system when it reaches the limit of safe distance from the idle crane.

(4) A crane or monorail equipment that has been adjusted or repaired shall not be returned to normal operation until all guards have been replaced, locks removed, safety devices reactivated, and the maintenance equipment removed.

(5) An accumulation of dirt or debris on a crane or monorail equipment that may create a hazardous condition shall be removed.

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.12044 Wire rope {#sec-r-408.12044 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12044}

Rule 2044. (1) A wire rope used on a crane or monorail equipment shall be replaced if any of the following conditions exist:

(a) Within a segment of 8 diameters in length, the total number of broken wires exceeds 10% of the total number of wires.

(b) The wire rope has been kinked, crushed, or bird-caged or has sustained any other damage which distorts the wire rope structure.

(c) The wire rope shows heat or corrosive damage.

(2) If wire rope is discarded from a crane or monorail equipment because of a condition specified in subrule (1) of this rule, the damaged portion shall not be used for a sling.

(3) Wire rope for a crane or monorail equipment that has been clipped or spliced to form an eye shall be equipped with a thimble or equivalent.

(4) An end fitting shall be a clamp, swage socket, or a zinc, or equivalent poured socket. Before cutting wire rope, seizings shall be placed as follows:

(a) One seizing on each side of the cut on a preformed wire rope.

(b) Two seizings on each side of 7/8-inch size or smaller nonpreformed wire rope.

(c) Three seizings on each side of 1-inch or larger size nonpreformed wire rope.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.12045 Hooks {#sec-r-408.12045 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12045}

Rule 2045. (1) A crane or monorail equipment hook shall be discarded for any of the following reasons:

(a) The throat opening is more than 15% larger than the manufactured size.

(b) The hook has more than a 10-degree twist from a vertical centerline drawn through the hook socket.

(c) The hook is cracked.

(2) A discarded hook shall not be repaired or rebuilt and placed back in service.

History

• History: 1990 AACS.

R 408.12101 to R 408.12193 Part 21. Powered Industrial Trucks

Mich. Admin. Code R 408.12101 Scope {#sec-r-408.12101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 21. POWERED INDUSTRIAL TRUCKS

Rule 2101. The purpose of these rules is to provide, in or about places of employment, minimum safety rules for the care and use of powered industrial trucks and to provide for operator safety and specifications of equipment.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12102 Rescinded {#sec-r-408.12102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12102}

History

• History: 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12103 Definitions; A to C {#sec-r-408.12103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12103}

Rule 2103. (1) "Attachment" means a device, other than conventional forks or load backrest extension, mounted permanently or removed on the elevating mechanism of a truck for handling the load. Popular attachments are fork extensions, clamps, rotating devices, side shifters, load stabilizers, rams, and booms.

(2) "Cantilever truck" means a self-loading counter-balanced or noncounterbalanced truck equipped with cantilever load engaging means. (Appendix A.

Figure 1)

(3) "Capacity" when referring to trucks, means the following:

(a) The capacity of a truck equipped with a load carriage and forks, or with attachments, is the maximum weight in pounds, at a specified load center which the truck, based on the strength of its various components and applicable stability, can lift to the maximum elevation of the load engaging means. Alternate capacities may be established at the same specified load center and at less than maximum elevation of the load engaging means.

(b) The capacity of a truck equipped with a platform is the maximum weight in pounds, at a specified load center which the truck, based on the strength of its various components, can lift to the maximum elevation of the load engaging means.

(4) "Carriage" means a support structure for forks or attachment, generally roller mounted, traveling vertically within the mast of a cantilever truck.

(5) "Center-control truck" means a truck in which the operator's control position is located near the longitudinal center of the truck.

(6) "Counterbalanced truck" means a truck equipped with load engaging means wherein all the load during normal transporting is external to the polygon formed by the wheel contacts. (Appendix A, Figure 1.)

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12104 Rescinded {#sec-r-408.12104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12104}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12105 Definitions; D to F {#sec-r-408.12105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12105}

Rule 2105. (1) "Drift" means to move without control.

(2) "Electric truck" means a truck in which the principal energy is transmitted to motors in the form of electricity from a power source such as, but not limited to, a battery or motor generator.

(3) "End-control truck" means a truck in which the operator's position is located at the end opposite the load.

(4) "Fixed platform truck" means a truck equipped with a load platform which is non-elevating.

(5) "Forks" means horizontal tine-like projections, normally suspended from the carriage, for engaging and supporting loads.

(6) "Fork height" means the vertical distance from the floor to the load carrying surface adjacent to the heel of the forks with mast vertical, and in the case of a reach truck, with the forks extended.

(7) "Fork-lift truck" means a light-lift self-loading truck equipped with load carriage and forks for transporting and tiering loads.

(8) "Free play" means an uncontrolled movement.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12106 Definitions; H to I {#sec-r-408.12106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12106}

Rule 2106. (1) "High-lift truck" means a self-loading truck equipped with an elevating mechanism designed to permit tiering. Popular types are high-lift fork trucks, high-lift ram trucks, high-lift boom trucks, high-lift clamp trucks, and high-lift platform trucks. (Appendix A, Figure 1.)

(2) "High-lift platform truck" means a self-loading truck equipped with a load platform, intended primarily for transporting and tiering loaded skid platforms.

(Appendix A, Figure 2.)

(3) "Industrial crane truck" means a truck intended primarily for pick and carry use in warehousing, yarding, or industrial plant operation over improved or hard surfaced roads and yards, including maintenance within these areas.

(4) "Industrial tractor" means a truck designed primarily to draw 1 or more non-powered trucks, trailers, or other mobile loads. (Appendix A, Figure 5.)

(5) "Internal combustion engine truck" means a truck in which the power source is a gas, LP gas, gasoline, or diesel type engine.

(6) "Issuing authority" means an employer or his or her designated representative who instructed and trained the operator.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12107 Definitions; L {#sec-r-408.12107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12107}

Rule 2107. (1) "Liquefied petroleum gas (LP gas)" means a fuel that is composed predominantly of any of the following hydrocarbons, or mixtures of them: propane, propylene, butanes (normal butane or iso-butane), and butylenes.

(2) "Load-axle" means the truck axle nearest the load.

(3) "Load backrest extension" means a device extending vertically from the fork carriage frame.

(4) "Load center" means the horizontal longitudinal distance from the intersection of the horizontal load-carrying surfaces and vertical load-engaging faces of the forks, or equivalent load positioning structure, to the center of gravity of the load.

(5) "Load engaging means" means a load handling device attached to a powered industrial truck for the purpose of handling a load.

(6) "Low-lift truck" means a self-loading truck equipped with an elevating mechanism designed to raise the load sufficiently to permit horizontal movement.

Popular types are low-lift platform trucks and pallet trucks. (Appendix A, Figure 3).

(7) "Low-lift platform truck" means a self-loading truck equipped with a load platform intended primarily for transporting loaded skid platforms. (Appendix A, Figure 3).

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12108 Definitions; M, N {#sec-r-408.12108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12108}

Rule 2108. (1) "Mast" means a support member providing the guideways permitting vertical movement of the carriage. It is usually constructed in the form of channels or similar sections providing the supporting pathway for the carriage rollers.

(2) "Motorized hand truck" means a truck designed to be controlled by a walking operator and used to lift, tow, carry, stock, and tier materials. (Appendix A, Figure 4).

(3) "Motorized hand or rider truck" means a dual purpose truck designed to be controlled by a walking operator or by a riding operator. (Appendix A, Figure 6).

(4) "Narrow aisle truck" means a self-loading truck primarily intended for right angle stacking in aisles narrower than those normally required by counterbalanced trucks of the same capacity. (Appendix A, Figure 10).

(5) "Non-elevating truck" means a non-counterbalanced truck designed primarily for burden-carrying and not capable of self-loading.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12109 Definitions; O, P {#sec-r-408.12109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12109}

Rule 2109. (1) "Operator" means an employee who has been trained, tested, and authorized by the present employer to operate a powered industrial truck.

(2) "Order picker truck, high-lift" means a high-lift truck controlled by the operator stationed on a platform movable with the load engaging means and intended for manual stock selection. The truck may be capable of self-loading or tiering or both. (Appendix A, Figure 9).

(3) "Overhead guard" means a framework fitted to a truck over the head of a riding operator.

(4) "Overall lowered mast height" means the maximum vertical dimension from the ground or floor to the extreme top point of the mast with the fork carriage in the fully lowered position and unloaded.

(5) "Pallet truck" means a self-loading low-lift truck equipped with wheeled forks of dimensions to go under a single faced pallet or between the top and bottom boards of a double faced pallet and having wheels capable of lowering into spaces between the bottom boards so as to raise the pallet off the floor for transportation. (Appendix A, Figure 4).

(6) "Parking brake" means a device to prevent the movement of a stationary truck.

(7) "Powered industrial truck" or "truck" means a mobile, power driven vehicle used to carry, push, pull, lift, stack, or tier material.

History

• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12110 Definitions; R to U {#sec-r-408.12110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12110}

Rule 2110. (1) "Reach truck" means a self-loading truck, generally high-lift, having load engaging means mounted so the means can be extended forwardly under control to permit a load to be picked up and deposited in the extended position and transported in the retracted position. (Appendix A, Figure 7.)

(2) "Rough terrain forklift truck" means a wheeled-type truck which is designed primarily as a fork truck that has a vertical mast or pivoted boom, or both, which has variable fixed length reach and which may be equipped with attachments and that is intended for operation on unimproved natural terrain as well as the disturbed terrain of construction sites. A machine that is designed primarily for earth-moving, such as a loader or dozer, even though its buckets and blades are replaced with forks or a machine that is designed primarily as an over-the-road truck that has a lifting device, is not a rough terrain forklift truck.

(3) "Self-loading" means the capability of a truck to pick up, carry, set down and, in the case of high-lift types to stack or tier its load without the aid of external means.

(4) "Service brake" means a device designed to bring a moving truck to a halt.

(5) "Side loader" means a self-loading truck, generally high-lift, having load engaging means mounted in such a manner that the means can be extended laterally under control to permit a load to be picked up and deposited in the extended position and transported in the retracted position. (Appendix A, Figure 8.)

(6) "Straddle truck" means a general class of cantilever truck with horizontal structural wheel supported members extending forward from the main body of the truck, generally high-lift, for picking up and hauling loads between its outrigger arms.

(Appendix A, Figure 10.)

(7) "Tire" means a tire which may be standard solid, cushion solid, pneumatic or solid pneumatic style.

(8) "Tiering" means a process of placing a load on or above another load.

(9) "Unattended truck" means a truck which is beyond the vision or more than 25 feet from the operator, whichever is less.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12111 Adopted and referenced standards {#sec-r-408.12111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12111}

Rule 2111. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in these rules.

(2) A powered industrial truck manufactured after January 15, 1971, but before 1993, shall be certified by the manufacturer that the truck covered by this part has been produced according to the mandatory requirements of sections 3 and 4, except subsection 421 of section 4, of the American National Standards Institute Standard ANSI standard B56.1 “Safety Standards For Powered Industrial Trucks,” 1969 edition. Cost: $60.00.

(3) A low lift or high lift truck manufactured after April 26, 2000 shall be in compliance with the requirements of ANSI standard B56.1 “Safety Standard For Low Lift And High Lift Trucks,” 1993 edition, except as noted in subrule(1) of this rule. Cost: $61.00.

(4) A rough terrain fork lift truck manufactured after April 26, 2000 shall be in compliance with the requirements of ANSI standard B56.1 “Rough Terrain Fork Lift Trucks,” 1993 edition. Cost: $68.00.

(5) A industrial crane truck manufactured after April 26, 2000 shall be in compliance with ANSI standard B56.7 “Safety Standard For Industrial Crane Trucks,” 1987 edition. Cost: $60.00.

(6) A tow tractor manufactured after April 26, 2000 shall be in compliance with ANSI standard B56.92 “Operator Controlled Industrial Tow Tractors,” 1992 edition.

Cost: $56.00.

(7) A manually propelled high lift industrial truck manufactured after April 26, 2000 shall be in compliance with ANSI standard B56.10 “Manually Propelled High Lift Industrial Trucks,” 1992 edition. Cost: $105.00.

(8) National Fire Protection Agency Standard NFPA 505 “Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations,” 1996 edition. Cost: $27.00.

(9) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(10) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

(11) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P. O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 1 “General Provisions,”

R 408.10001 to R 408.10098.

(b) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(c) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment” R 408.13301 to R 408.13398.

(d) General Industry Safety Standard Part 56 “Storage and Handling of Liquefied Petroleum Gases,” R 408.15601 to R 408.15601.

(e) General Industry Safety Standard Part 75 “Flammable Liquids,” R 408.17501 to R 408.17502.

(f) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19204.

(g) Occupational Health Standard Part 433 “Personal Protective Equipment,”

R 325.60001 to R 325.60013.

(h) Occupational Health Standard Part 472 “Medical Services and First Aid,”

R 325.47201 to R 325.47201.

NAMEPLATES AND MARKINGS

History

• History: 1979 AC; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12121 Rescinded {#sec-r-408.12121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12121}

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12122 Approved labels {#sec-r-408.12122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12122}

Rule 2122. (1) A powered industrial truck which has been accepted by an approved testing laboratory shall bear a label or marking indicating such acceptance.

(2) A nameplate, label or tag provided on such a truck shall be maintained in place and in legible condition.

Editor's note: Former R 408.12122, deriving from 1954 ACS 66, was rescinded by 1954 ACS 73, Eff. Nov. 10, 1972; 1979 AC.

R 408.12123 -- R 408.12129 Rescinded.

History

• History: 1979 AC.
• History: 1979 AC.

Mich. Admin. Code R 408.12130 Rescinded {#sec-r-408.12130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12130}

EQUIPMENT

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12131 Warning devices and lights {#sec-r-408.12131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12131}

Rule 2131. (1) A truck, except a motorized hand truck, shall be equipped with an audible device to warn of approach.

(2) A truck used in areas where general lighting is less than 2 foot-candles shall be equipped with auxiliary lights that illuminate work in process.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12132 Modifications {#sec-r-408.12132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12132}

Rule 2132. (1) An employer shall not install an additional counterweight without written assurance from the manufacturer of the truck that the truck will meet the stability requirements of ANSI standard B56.1 “Safety Standard for Low Lift and High Lift Trucks" 1993 edition, as adopted in R 408.12111.

(2) An employer shall not make other modifications affecting capacity or safety without written approval of the manufacturer or an engineer knowledgeable on the subject. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.

(3) If the truck is equipped with front end attachments, the name plate shall be marked to show all of the following:

(a) Identification of the attachments.

(b) The approximate weight of the truck and attachment.

(c) The load capacity of the truck and attachment combination at maximum elevation of the load engaging means with load laterally centered.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12133 Rescinded {#sec-r-408.12133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12133}

History

• History: 1979 AC.

Mich. Admin. Code R 408.12134 Parking brakes; tires {#sec-r-408.12134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12134}

Rule 2134. (1) The parking brake on a sit-down rider truck shall be capable of holding the truck on the maximum grade which the truck can negotiate with rated load, or on a 15% grade, whichever is lesser. The parking brake shall be manually or automatically applied and shall remain applied until released by the operator.

(2) Tires shall be used as recommended by the truck manufacturer.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12135 Rescinded {#sec-r-408.12135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12135}

R 408.12136. Operator platforms.

Rule 2136. (1) An end control, reach, narrow aisle, order picker high-lift, order picking and stacking, and motorized hand rider truck shall be equipped with a platform extended beyond the operator's position, and shall withstand a compression load equal to the weight of the loaded vehicle applied along the longitudinal axis of the truck with the outermost projection of the platform against a flat vertical surface. The back protective guard where provided shall permit rapid and unobstructed ingress or egress from the platform.

(2) On a double end control baggage type truck or a truck that may be transported on short elevators, means shall be provided to prevent accidental folding of the operator's folding platform.

(3) All of the following apply to an order picker truck, high-lift:

(a) A removable operator platform shall be provided with a device that attaches the platform to the lifting means.

(b) The operator platform shall be equipped with side guard rails.

(c) When the platform is elevated, the horizontal travel speed of the truck shall be automatically reduced to a degree necessary to maintain stability under maximum braking load and turning.

(d) Subdivisions (a) and (c) of this subrule pertain only to a truck manufactured after the effective date of January 15, 1971.

History

• History: 1979 AC; 1998-2000 AACS.
• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12137 Steering control {#sec-r-408.12137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12137}

Rule 2137. (1) An employer shall assure that, except on a motorized hand and motorized hand or rider truck, the steering control of a powered industrial truck is contained within the outlines of the planes of the truck, or guarded to prevent injury to the operator during movement of the controls when passing an obstacle such as a wall, post, equipment, box, or other truck.

(2) An employer shall assure that on a motorized hand and motorized hand or rider truck, the steering handle is provided with a guard or device to protect the operator's hands from injury when passing an obstacle such as a wall, post, equipment, box, or another truck.

R 408.12138. Load handling controls, general.

Rule 2138. All of the following apply to a load handling control on a truck:

(a) Is preferably located for right hand operation.

(b) Is a single lever used to perform more than one function. Push button or preselected controls shall be properly identified.

(c) Is clearly and durably identified to indicate function and direction of motion of load or equipment.

(d) Is self-centering.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.
• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.12139 Load handling controls; direction of motion and guards {#sec-r-408.12139 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12139}

Rule 2139. (1) A lever or handle type control, including a toggle switch, shall be in accordance with Table 1 “Direction of Motion.”

(2) Moving parts that represent a hazard from the operator's position shall be protected by suitable guards.

TABLE 1

DIRECTION OF MOTION

Function Of Load Or Equipment Of the Operator’s Hand When Actuating The Control Handle While Facing The Load Hoist up rearward or up down forward or down Tilt rearward *rearward or up forward forward or down Reach retract *rearward extend forward Clamp clamp rearward or up release forward or down Side Shift right rearward or up left forward or down Rotate Laterally clockwise rearward or up counterclockwise forward or down Rotate Longitudinal ly rearward *rearward or up forward forward or down *The sense of rotation of the control handle is intended to be in the same direction as the desired motion of the mast or load.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12141 Rescinded {#sec-r-408.12141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12141}

History

• History: 1954 ACS 66, Eff. Jan. 15, 1971; rescinded 1954 ACS 73, Eff. Nov. 10, 1972.

Mich. Admin. Code R 408.12143 Overhead guard on high-lift truck {#sec-r-408.12143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12143}

Rule 2143. (1) Except as provided in subrule (2) of this rule, a high-lift truck shall be fitted with an overhead guard. The overhead guard shall be capable of supporting a uniformly distributed static load in accordance with the following table. The overhead guard is not intended to withstand the impact of a falling capacity load.

(2) Table 2 “Overhead Guard Test” reads as follows:

TABLE 2

OVERHEAD GUARD TEST

Truck Capacity Rating (in pounds)

Static Test Load as a% of Truck capacity Rating Through 5,000 200% of truck rating Over 5,000 through 10, 000 10,000 pounds plus 100% of increment rating over 5,000 pounds Over 10,000 through 20,000 15,000 pounds plus 50% increment rating over 10,000 pounds (3) An overhead guard may be omitted from a high-lift truck if the truck is never used to lift or raise material or objects more than 72 inches measured from the floor to the forks and if all of the following are complied with:

(a) The load is limited to a single rack or pallet.

(b) The truck is not operated in an area where material or objects are stacked above the operator's head.

(c) A sign with lettering not less than 1/2-inch high is securely attached in the area of the operator's controls stating, "This truck shall not be used to lift materials above the operator's head or in an area where materials are stacked above the operator's head."

(4) A low-lift rider truck which is used to lift material stacked higher than the head of the operator, and which would likely vibrate and fall back onto the operator, shall be provided with an overhead guard.

(5) The overhead guard shall be capable of withstanding the impact of a 100-pound solid hardwood cube, or equivalent, dropped a distance of 5 feet 10 times, without failure or without permanent deflection exceeding 3/4 inch.

(6) The overhead guard shall be constructed in a manner that does not interfere with visibility. Openings in the top shall not exceed 6 inches in 1 of the 2 dimensions, width or length. The guard shall be large enough to extend over the operator under all normal circumstances of truck operation, including forward tilt.

(7) A fork truck equipped with a single-tilt cylinder shall be made to avoid injury to the operator by the overhead guard resulting from failure of this cylinder or associated parts.

(8) On a truck where the operator is seated, a vertical clearance of not less than 39 inches should be maintained from the point of maximum depression of the seat under the operator to the underside of the section of the overhead guard under which the operator's head moves during normal operation.

(9) On a powered industrial truck where the operator stands on a platform, a vertical clearance of not less than 74 inches should be maintained from the platform to the underside of the section of the overhead guard under which the operator's head moves during normal operation.

(10) Where head room conditions limit the overall lowered height of the truck, a normal overhead guard height may be reduced.

(11) An overhead guard is intended to offer protection from the impact of small packages, boxes, and bagged material representative of the job application, but not to withstand the impact of a falling capacity load.

EMPLOYER RESPONSIBILITIES

R 408.12151. Operator selection.

Rule 2151. An employer shall be able to demonstrate that an employee is trained and qualified to operate a powered industrial truck prior to authorizing the employee to operate a powered industrial truck.

History

• History: 1979 AC; 1983 AACS; 2016 AACS.
• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.12152 Training {#sec-r-408.12152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12152}

Rule 2152. (1) An employer shall provide training to the employee before the employee's assignment as an operator of a powered industrial truck. Instruction shall include all of the following:

(a) Capacities of the equipment and attachments.

(b) Purpose, use, and limitations of controls.

(c) How to make daily checks.

(d) Practice and operating assigned vehicles through the mechanical functions necessary to perform the required job.

(e) The requirements contained in R 408.12171 to R 408.12193.

(f) Hazards associated with exhaust gases produced by fossil fuel powered industrial trucks such as carbon monoxide, or components of diesel exhaust, and hazards associated with the handling of electrolyte chemicals used for battery operated trucks such as sulphuric acid, shall be provided in accordance with General Industry Safety Standard Part 92 “Hazard Communication,” as referenced in R 408.12111.

(2) Training shall consist of a combination of formal instruction such as lecture, discussion, interactive computer learning, videotape, written material, practical training, and testing of the operator's performance in the workplace as required in R 408.12153.

(3) An employer shall provide refresher training in relevant topics to an operator under any of the following conditions:

(a) An operator has been observed to operate the vehicle in an unsafe manner.

(b) An operator has been involved in an accident or a near-miss incident.

(c) An operator has received an evaluation that reveals that the operator is not operating the truck safely.

(d) An operator is assigned to a different type of truck.

(e) A condition in the workplace changes that could affect safe operation of the truck.

(4) An evaluation of each operator's performance shall be conducted before renewal of a truck operator permit. An individual who is authorized by the employer and who has the knowledge, training, and experience to train and evaluate the competence of the operator shall provide training and evaluation.

Editor's Note: An obvious error in R 408.12152 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2016. The memorandum requesting the correction was published in Michigan Register, 2017 MR 6.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12153 Testing {#sec-r-408.12153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12153}

Rule 2153. (1) An employer shall test an employee before authorizing the employee to operate a powered industrial truck, except a motorized hand truck. The test shall check the employees on the following:

(a) Operating ability.

(b) Knowledge of the equipment.

(c) Knowledge of the requirements contained in R 408.12171 to R 408.12193.

(d) Knowledge of daily checks.

(2) An employer shall provide for a performance test to determine whether the employee can operate the assigned powered industrial truck through the functions necessary to perform the required work.

(3) An employee who has a valid permit to operate a powered industrial truck issued by another employer may be tested as prescribed in this rule without meeting the training requirements of R 408.12152.

R 408.12154. Permits.

Rule 2154. (1) An employer shall provide the employee with a permit to operate a powered industrial truck only after meeting the requirements prescribed in R 408.12151, R 408.12152, and R 408.12153. A permit is optional for operators of motorized hand low lift trucks.

(2) An employee being trained is exempt from the permit requirement of subrule (1) of this rule for a period of not more than 30 days, provided the employee is under the supervision of an individual who is authorized by the employer and who has the knowledge, training, and experience to train operators and to evaluate their competence, and that the training period does not endanger the trainee or other employees.

(3) A permit shall be carried by the operator or be available upon request by a department representative at all times during working hours.

(4) A permit shall indicate the type of truck an operator has been trained on and is qualified to operate.

(5) A permit to operate a powered industrial truck is valid only with the employer who issued the permit, and the permit shall be issued for a period of not more than 3 years. An employee may continue to operate a powered industrial truck if the employee's handicaps or inabilities do not prove detrimental to his or her task.

(6) A permit shall contain all of the following information (see sample permit):

(a) Firm name.

(b) Operator's name.

(c) Operator I.D. number, if any.

(d) Name of issuing authority.

(e) Type of truck authorized to operate.

(f) Operator restrictions, if any. The permit shall state the nature of the restriction.

(g) Date issued.

(h) Date expiring.

(7) A sample permit is set forth as follows:

SAMPLE PERMIT

INDUSTRIAL TRUCK OPERATOR PERMIT

(Insert Firm Name)

Operator's Name:_____________________________________________________________ Operator's Number:___________________________________________________________ Is Authorized To Operate:______________________________________________________ (Insert Type of Truck(s) Authorized)

Restrictions:________________________________________________________________ _ (Explanation of Restrictions)

Date Issued:_________________________________________________________________ (Month – Day – Year)

Date Expiring:_______________________________________________________________ (Month – Day – Year)

By Issuing Authority: _________________________________________________________ Title

History

• History: 1979 AC; 1983 AACS; 2016 AACS.
• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.12155 Restriction of use {#sec-r-408.12155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12155}

Rule 2155. A powered industrial truck used in an environment containing the following substances shall be equipped as prescribed in NFPA standard 505 “Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations,” 1996 edition, as adopted in R 408.12111.

(a) Gases or vapors, such as, but not limited to, acetylene, hydrogen, oxygen, ether, gasoline, naphtha, or acetone, which may be present in quantities sufficient to produce an explosive or ignitable mixture.

(b) Combustible mixtures of dusts such as, but not limited to, metal dust, coal dust, coke dust, grain dust, flour dust, or organic dust.

(c) Ignitable fibres such as, but not limited to, baled waste, cocoa fibre, cotton, excelsior, kapok, or oakum.

History

• History: 1979 AC; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12161 Mechanical condition and maintenance {#sec-r-408.12161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12161}

Rule 2161. (1) An employer shall not permit a powered industrial truck to be used if:

(a) The service and parking brakes do not perform their intended function.

(b) The fuel system leaks.

(c) A lift cylinder of a load engaging means allows a downward drift of the load engaging means loaded or unloaded in excess of 5 inches in 5 minutes.

(d) A tilt cylinder of a mast allows a forward drift of the mast in excess of 2 degrees in 5 minutes with the mast in a vertical position and a capacity load on the fork or load engaging means.

(e) The steering mechanism allows free play of the steering wheel of more than 1/4 turn on trucks capable of speeds up to 8 miles per hour and more than 1/8 turn on trucks capable of speeds over 8 miles per hour.

(f) A hydraulic system leaks and creates a hazard for an employee and equipment in the area.

(2) Repairs to a fuel and ignition system which involve a fire hazard shall be made only in a designated location. Repairs shall not be made in a location made hazardous by:

(a) Flammable gases or vapors.

(b) Combustible dusts.

(c) Ignitable fibers.

(3) Repairs to the truck electrical system shall be made only after the battery has been disconnected.

(4) A replacement part shall have not less than the equivalent safety of the original part.

(5) A water muffler shall have the water maintained at not less than 75% of capacity.

A water muffler equipped with a screen shall have the screen maintained to accomplish its intended purpose. When an exhaust system of this type emits sparks or flames, the truck shall be removed from service and repaired.

(6) A truck running in excess of normal operating temperature which creates a hazardous condition shall be removed from service and repaired.

(7) A truck shall be maintained in a condition reasonably free of lint, excess oil, and grease. Solvent with a flash point of less than 100 degrees Fahrenheit shall not be used to clean the truck. Precautions regarding ventilation, fire, and toxicity shall be observed when using a cleaning agent.

(8) A truck approved for use of 1 type of fuel may be converted to another type of fuel if the conversion qualifies the truck to its new designation, such as GS, LP, or LPS. Only approved parts shall be used.

The conversion shall be as prescribed in R 408.12132(2).

(9) All repairs shall be made by authorized personnel.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 408.12162 Blocks and safety stands for maintenance {#sec-r-408.12162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12162}

Rule 2162. (1) An employer shall provide the following:

(a) Chock blocks, support blocks, or jack stands for the maintenance department's use when repairing powered industrial trucks or their components.

(b) Blocks or safety stands as a means of support for powered industrial trucks elevated from the floor by a hoist or chain fall.

(2) When repairing a powered industrial truck, an employee shall use chock blocks, support blocks, or jack stands if there is a hazard from movement.

(3) An employee shall not place his or her body under a powered industrial truck unless the powered industrial truck is supported by properly arranged blocks or jack stands capable, in total, of supporting a minimum of 1 1/2 times the weight of the component of the truck to be repaired.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.12163 Fuel {#sec-r-408.12163 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12163}

Rule 2163. (1) An employer shall provide safety fuel cans where trucks are refueled with gasoline at other than a gas pump area.

(2) An employer shall provide a special area for refueling that is not less than 25 feet from a source of open flame or spark and the area shall be posted to this effect.

(3) Use and storage of LP gas shall be as specified by General Industry Safety Standard Part 56 “Storage and Handling of Liquefied Petroleum Gases,” as referenced in R 408.12111.

(4) Handling and storage of fuel, such as gasoline and diesel fuel, shall be as prescribed in General Industry Safety Standard Part 75 “Flammable and Combustible Liquids,” as referenced in R 408.12111.

(5) Smoking while refueling is prohibited.

(6) Fuel level shall not be checked by use of an open flame.

History

• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.12164 Electric trucks {#sec-r-408.12164 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12164}

Rule 2164. (1) Where electric trucks are used, an employer shall provide a designated area for battery changing, charging, or both, which shall be performed by a trained and authorized employee.

(2) An employer shall ensure that provisions are made in a battery charging area where batteries are removed from the truck for flushing and neutralization of spillage, for fire protection, and for air movement sufficient to disperse fumes from gassing batteries.

(3) Smoking and other sources of ignition is prohibited in these areas.

(4) An employer shall assure that an employee is trained to position the truck and apply the brake before changing or charging a battery and to position and secure a reinstalled battery before releasing the truck for use.

(5) Material handling equipment, such as, but not limited to, a conveyor or overhead hoist, shall be used for removing and replacing a battery. A spreader bar or an equivalent device shall be used with any overhead battery hoist so that the lifting stresses are vertical. A chain type powered battery hoist shall have a container to accumulate the excess lifting chain. When a hand hoist is used, an uncovered battery shall be covered to prevent the hand chain from shorting on cell connectors or terminals. Tools and other metallic objects shall be kept away from the terminals.

(6) When mixing electrolyte for a battery, an employer shall ensure the use of a carboy tilter or siphon for handling electrolyte. Acid concentrate shall be poured into water. Water shall not be poured into acid concentrate.

(7) The following apply to charging a battery:

(a) The vent cap shall be kept in place and functioning.

(b) The battery or compartment covers where provided shall be kept open to dissipate heat and gases.

(8) The electrolyte level shall not be checked with an open flame.

(9) Where there is a potential for employee exposure to injurious corrosive electrolyte solutions, for example sulfuric acid, associated with battery powered industrial trucks, the employer shall provide both of the following:

(a) Personal protective equipment in accordance with General Industry Safety and Health Standard Part 33 “Personal Protective Equipment” and Occupational Health Standard Part 433 “Personal Protective Equipment,” as referenced in R 408.12111.

(b) Suitable facilities for quick drenching or flushing of eyes and body within the work area for immediate emergency use in accordance with Occupational Health Standard Part 472 “Medical Services and First Aid,” as referenced in R 408.12111.

History

• History: 1979 AC; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12165 Dockboards and plates {#sec-r-408.12165 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12165}

Rule 2165. (1) The carrying capacity shall be marked on a dockboard or plate purchased after April 17, 1979.

(2) Where a fork truck is used, fork loops, pockets, or lugs shall be provided for safe handling.

(3) A dockboard or plate shall have a slip-resistant surface, such as, but not limited to, a tread plate, designed to reduce the possibility of slipping by an employee or truck.

(4) For dockboards, see General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.12111, for additional requirements.

History

• History: 1979 AC; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12166 Order picker trucks; high-lift platforms {#sec-r-408.12166 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12166}

Rule 2166. Whenever an order picker truck, high-lift is equipped with vertical only or vertical and horizontal controls traveling with the lifting carriage or forks for lifting an employee, an employer shall assure that the following is provided:

(a) A platform equipped with railing or other limiting device, including but not limited to a chain, strap or tether.

(b) A control device whereby the employee on the platform can shut off the power to the truck.

(c) Protection from falling objects as indicated necessary by the operating conditions.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12167 Fork lift truck platforms {#sec-r-408.12167 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12167}

Rule 2167. (1) An employee shall not be lifted or transported, except when a platform is attached to the forks by enclosed sleeves, a safety chain, or a mechanical device in such a manner that the platform cannot tip or slip.

(2) A platform shall be equipped with a railing not less than 36 inches or more than 42 inches high and a toeboard. The railing shall consist of 1 of the following materials:

(a) Wood posts of at least 2 x 4 inch nominal stock; the top rail shall be made of 2 right angle pieces of not less than 1 x 4 inch nominal stock and an intermediate rail of 1 x 4 inch nominal stock.

(b) Steel or aluminum pipe posts and rails of not less than 1 inch inside diameter and an intermediate rail of 3/4 inch inside diameter pipe.

(c) Structural steel or aluminum posts, rails and intermediate rail of angle iron of not less than 1 x 1 x 3/16 inch size or other shapes of equal strength.

(3) The intermediate rail may be omitted from 1 side.

(4) A toeboard shall be made of not less than 1 x 4 inches nominal wood stock or a material of equal strength.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12168 Load backrest extensions {#sec-r-408.12168 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12168}

Rule 2168. A load backrest extension, manufactured in accordance with R 408.12111, shall be used whenever necessary to minimize the possibility of a load, or part of it, falling rearward.

Editor's Note: An obvious error in R 408.12168 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 1979 AC. The memorandum requesting the correction was published in Michigan Register, 2006 MR 4.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12169 Spinner knobs {#sec-r-408.12169 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12169}

Rule 2169. A spinner knob shall not be attached to a steering hand-wheel of a truck unless originally equipped with such; the truck is equipped with power steering; or the truck is equipped with an anti-kickback device on the steering mechanism. The knob shall be installed within the periphery of the handwheel.

EMPLOYEE RESPONSIBILITIES

R 408.12171. Daily checks.

Rule 2171. (1) At the start of each shift, the operator of a powered industrial truck or a qualified employee shall perform daily checks of the equipment as required by the employer. See Appendix B for suggested inspection checklist.

(2) An employer shall ensure that any defects that would affect the safe operation of the equipment are repaired before use.

(3) An operator shall promptly report any defect on the powered industrial truck to the employer.

R 408.12172. General operating rules.

Rule 2172. (1) An operator shall safeguard other employees at all times.

(2) An operator shall not drive a truck up to anyone who is standing in front of a fixed object.

(3) An operator shall not allow anyone to stand or pass under the elevated portion of any powered industrial truck, whether loaded or empty.

(4) No employee, except the operator, shall ride on a powered industrial truck unless the truck is provided with a passenger seat. Passenger seats on a fork lift truck shall be under the overhead guard.

R 408.12173. Position of arms and legs.

Rule 2173. An employee shall not place his or her arms or legs in either of the following positions:

(a) Between the uprights of the mast.

(b) Outside the running lines of a moving truck.

History

• History: 1979 AC; 2018 AACS.
• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2016 AACS.
• History: 1979 AC; 1998-2000 AACS.
• History: 1979 AC; 1983 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.12174 Parking {#sec-r-408.12174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12174}

Rule 2174. (1) When leaving a powered industrial truck unattended, an operator shall fully lower the forks flat to the floor, neutralize the controls, set the brakes, and shut the power off.

(2) Whenever it is necessary to leave a truck on an incline, the truck wheels shall be blocked and the steering wheels turned toward the curbing, wall or railing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12175 Towing and pushing {#sec-r-408.12175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12175}

Rule 2175. A truck shall not be used to tow or push railroad cars, unless it is specifically designed for that purpose. Freight car doors shall not be opened or closed by using a powered industrial truck, unless it is equipped with attachments designed for that purpose.

R 408.12176. Loading trucks, trailers, and railcars.

Rule 2176. (1) An employer shall ensure that a highway truck and trailer are not boarded by a powered industrial truck before the highway truck and trailer has its brakes set and not less than 2 wheels blocked or be restrained by other mechanical means installed in a manner that will hold the trailer from movement.

(2) An employer shall ensure that wheel stops, hand brakes, or other approved positive protection to prevent railroad cars from moving during loading or unloading operations are provided, and before and while dockboards or bridge-plates are in position.

(3) An employer shall ensure that provisions are made to isolate rail cars during switching operations as required by General Industry Safety and Health Standard Part 1 “General Provisions,” as referenced in R 408.12111.

(4) An employer shall ensure that the landing gear of all semi-trailers are visually inspected immediately before the trailer is uncoupled from the tractor to assure ability of the landing gear to support the imposed load.

(5) A semitrailer less than 30 feet in length, when not coupled to a tractor and being loaded or unloaded with a powered industrial truck, shall be provided a support capable of sustaining the load at the front.

(6) An employer shall ensure that the flooring of trucks, trailers, and railroad cars are checked for breaks and weakness before they are driven onto.

History

• History: 1979 AC.
• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12177 Surveying path of travel {#sec-r-408.12177 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12177}

Rule 2177. Before moving or stacking, an operator shall survey the path of travel in order to avoid obstacles, such as, but not limited to, pipes, light fixtures, and sprinkler systems. A safe distance shall be maintained from the edge of ramps or platforms while on an elevated dock.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.12178 Operations in hazardous areas {#sec-r-408.12178 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12178}

Rule 2178. When operating a powered industrial truck in a hazardous area, only a truck specifically equipped for such operation shall be used.

See R 408.12155.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12179 Reporting accidents {#sec-r-408.12179 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12179}

Rule 2179. A powered industrial truck operator shall report all accidents involving injury to an employee or damage to buildings and equipment to the employer.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.12180 Clear access {#sec-r-408.12180 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12180}

Rule 2180. An operator shall maintain clear access of fire aisles, to stairways and fire equipment when depositing loads.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12181 Making repairs {#sec-r-408.12181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12181}

Rule 2181. Operators shall not make any repairs or adjustments unless specifically authorized to do so.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12182 Flammables {#sec-r-408.12182 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12182}

Rule 2182. A fuel tank shall not be filled while the engine is running.

Spilled fuel shall be carefully washed away or completely evaporated, and the fuel tank cap replaced before restarting the engine.

MOVING TRUCKS

History

• History: 1979 AC.

Mich. Admin. Code R 408.12183 Operation {#sec-r-408.12183 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12183}

Rule 2183. (1) An operator shall operate a powered industrial truck according to the rules of this part and in accordance with local traffic rules when on a public road.

(2) When following another truck, a safe distance shall be maintained approximately 3 truck lengths from the vehicle ahead and the vehicle shall be kept under control at all times.

(3) An operator shall give the right of way to ambulances, fire trucks, or other emergency vehicles.

(4) An operator of a rider-type powered industrial truck shall not pass another truck traveling in the same direction at intersections, blind spots, or other dangerous locations.

(5) An operator shall cross railroad tracks diagonally whenever possible and shall not park closer than 8 1/2 feet from the center of a railroad track.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.12184 Slow down at crossings and obstructions {#sec-r-408.12184 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12184}

Rule 2184. An operator shall slow down and sound the warning device at cross aisles and other locations where the operator's vision is obstructed by fixed objects.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.12185 Clear view {#sec-r-408.12185 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12185}

Rule 2185. An operator shall look in the direction of and keep a clear view of the direction of travel. When moving loads blocking the forward visibility, for safe handling an operator shall drive the truck with the load trailing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12186 Ascending and descending grades {#sec-r-408.12186 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12186}

Rule 2186. (1) An operator shall ascend and descend grades of 10% or more at a speed of not more than 2 miles per hour.

(2) When ascending or descending a grade that exceeds the back-tilt of the mast, the load shall be facing upgrade.

(3) On all grades, unloaded trucks shall be driven with the load engaging means downgrade, tilted back, and raised only as far as necessary to clear the floor or road surface.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12187 Traveling {#sec-r-408.12187 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12187}

Rule 2187. In level areas an operator shall travel with the load engaging means elevated only sufficiently to clear obstacles on floor or roadway.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12188 Starts, stops, and turns {#sec-r-408.12188 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12188}

Rule 2188. Starts, stops, and turns shall be made in a manner which will prevent a load from shifting or overturning the truck.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12189 Horseplay {#sec-r-408.12189 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12189}

Rule 2189. Stunt driving and horseplay shall not be permitted.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12190 Wet floors, dockboards, and bridge-plates {#sec-r-408.12190 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12190}

Rule 2190. (1) An operator shall drive at a slow speed over wet or slippery floors.

(2) Before driving over a dockboard or bridge-plate, an operator shall observe that the dockboard or bridge-plate is secured.

History

• History: 1979 AC; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.12191 Entering elevators {#sec-r-408.12191 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12191}

Rule 2191. (1) An operator shall drive onto elevators only when authorized to do so.

(2) An elevator shall be entered squarely after it is leveled to the floor. Once on the elevator an operator shall neutralize the controls, set the brakes and shut off the power.

(3) Motorized hand trucks shall enter an elevator and other confined areas with the load end forward.

(4) A truck shall not enter an elevator if the combined weight of the load and truck exceeds the capacity of the elevator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12192 Running over loose objects {#sec-r-408.12192 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12192}

Rule 2192. An operator of a truck shall avoid running over loose objects.

LOADING SAFETY

History

• History: 1979 AC.

Mich. Admin. Code R 408.12193 Operators; loading {#sec-r-408.12193 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12193}

Rule 2193. An operator shall:

(a) Operate a truck equipped with attachments as a partially loaded truck when not transporting a load.

(b) When loading a fork lift truck, place the load engaging means under the load as far as possible and tilt the mast backwards to cradle the load.

(c) Exercise caution when tilting loads especially when they are segmented.

(d) Lift or transport only a load that is within the rated capacity of the truck.

(e) Lift or transport only a load that cannot fall out of a basket or container, or off the load engaging means during the normal movements of the truck.

(f) Tilt an elevated load forward only when in a deposit position over a rack or stack.

APPENDIX A

TYPES OF TRUCKS

FIGURE 1

• High-Lift Truck • Counterbalanced Truck • Cantilever Truck • Rider Truck • Fork Lift Truck FIGURE 2 • High-Lift Truck • High-Lift Platform Truck FIGURE 3 • Low-Lift Truck • Low-Lift Platform Truck FIGURE 4 • Motorized Hand Truck • Pallet Truck FIGURE 5 • Industrial Tractor FIGURE 6 • Motorized Hand/Rider Truck FIGURE 7 • Reach Truck FIGURE 8 • Side-Loader Truck FIGURE 9 • Order Picker Truck High Lift FIGURE 10 • Narrow-Aisle Truck • Straddle Truck

History

• History: 1979 AC.

R 408.12201 to R 408.12261 Part 22. Tractors

Mich. Admin. Code R 408.12201 Scope {#sec-r-408.12201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 22. TRACTORS

Rule 2201. This part provides for the safe care and use of tractors as defined in this part and used in nonagricultural operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12202 Adoption of standards by reference {#sec-r-408.12202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12202}

Rule 2202. (1) The following standards are adopted by reference in these rules and are available from SAE World Headquarters, 400 Commonwealth Drive, Warrendale, Pennsylvania, 15096-001, USA, telephone number: 1-877.606.7323 or via the internet at website: www.sae.org; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) Society of Automobile Engineers (SAE) standard SAE J4C “Motor Vehicle Seat Belt Assemblies,” 1965 edition. Cost $66.00., (b) SAE J167A “Overhead Protection for Agricultural Tractors Standard.” Cost: $ 66.00.

(2) The National Fire Protection Association (NFPA) standard, NFPA 505 “Type Designations, Areas of Use, Maintenance, and Operation of Powered Industrial Trucks,” 1975 edition, is adopted by reference in these rules and is available from NFPA, 1 Batterymarch Park, Quincy, Massachusetts, 02169-7471, USA, telephone number: 1-800- 334-3555 or via the internet at website: www.nfpa.org; at a cost as of the time of adoption of these rules of $27.00.

(3) The following Federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules. Copies of these regulations are available from the United States Department of Labor, Occupational Safety and Health Administration, via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules.

(a) Occupational Safety and Health Standard for Agriculture: 1928.52 “Protective frames for wheel-type agricultural tractors -- test procedures and performance requirements.”

(b) Occupational Safety and Health Standards for Agriculture: 1928.53 “Protective enclosures for wheel-type agricultural tractors -- test procedures and performance requirements.”

(c) Safety and Health Regulations for Construction: 1926.1001 “Minimum performance criteria for rollover protective structures for designated scrapers, loaders, dozers, graders, and crawler tractors.”

(4) The standards adopted in subrules (1), (2), and (3) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(5) Copies of the standards adopted in subrules (1), (2), and (3) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(6) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(b) General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags,”

R 408.13701 to R 408.13736.

History

• History: 2013 AACS.

Mich. Admin. Code R 408.12203 Definitions; A to F {#sec-r-408.12203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12203}

Rule 2203. (1) "Attachment" means a removable or permanently mounted device on a tractor, such as, but not limited to, sweepers, mowers, blades, forks, front-end loaders, and post-hole diggers.

(2) "Drift" means to move without control.

(3) "Fork-lift tractor" means a high-lift, self-loading tractor equipped with load carriage and forks for transporting and tiering loads.

(4) "Free play" means an uncontrolled movement.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12205 Definitions; L {#sec-r-408.12205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12205}

Rule 2205. (1) "Load-axle" means the tractor axle nearest the load.

(2) "Load backrest extension" means a device extending vertically from the fork carriage frame.

(3) "Load-engaging means" means a load-handling device attached to a tractor for the purpose of handling a load.

(4) "Low-profile tractor" means a wheeled tractor possessing all of the following characteristics:

(a) The front wheel spacing is generally equal to the rear wheel spacing, as measured from the centerline of each right wheel to the centerline of the corresponding left wheel.

(b) The clearance from the bottom of the tractor chassis to the ground is not more than 18 inches.

(c) The highest point of the hood is not more than 60 inches.

(d) The tractor is designed so that the operator, when seated, straddles the transmission.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12206 Definitions; M to P {#sec-r-408.12206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12206}

Rule 2206. (1) "Mast" means a support member providing the guideways permitting vertical movement of the carriage. It is usually constructed in the form of channels or similar sections and provides the supporting pathway for the carriage rollers.

(2) "Nonagricultural operations" means work activity other than that designated in major groups 01 and 02, that is, agricultural production of crops and livestock of the standard industrial classification manual, United States bureau of the budget, 1972 edition, and includes any practices other than those performed by a farmer, or on a farm, as an incident to, or in conjunction with, such farming operations. Examples of nonagricultural operations are landscaping, groundskeeping, roadway maintenance, construction services, loading, and digging.

(3) "Operator" means an employee who has been trained and authorized by the employer or his designated representative to operate a tractor.

(4) "Overhead guard" means a framework fitted to a tractor over the head of a riding operator to protect the operator from falling objects.

(5) "Parking brake" means a device to prevent the movement of a parked tractor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12207 Definitions; R to T {#sec-r-408.12207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12207}

Rule 2207. (1) "ROPS" means a rollover protective structure. ROPS may be a protective frame or a protective enclosure mounted to a tractor.

(2) "Self-loading" means the capability of a tractor to pick up, carry, set down, and, in case of high-lift types, to stack or tier its load without the aid of external means.

(3) "Service brake" means a device designed to bring a moving tractor to a halt.

(4) "Tractor" means 1 of the following:

(a) "Agricultural-type tractor" means a 2- or 4-wheel-drive vehicle of more than 20 engine horsepower and designed to furnish the power to pull, carry, propel, or drive attachments primarily intended for use in agricultural operations.

(b) "Industrial tractor" means a 2- or 4-wheel-drive vehicle of more than 20 engine horsepower designated as an industrial tractor by the manufacturer, but having the appearance of an agricultural tractor, and designed to furnish the power to pull, carry, propel, or drive attachments primarily intended for industrial use.

(5) "Tiering" means a process of placing a load on or above another load.

(6) "Tractor weight" means the combined weight of the protective frame or enclosure, all fuels, and other components required for the normal use of the tractor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12211 Labels {#sec-r-408.12211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12211}

Rule 2211. Painted or affixed information necessary for the safe operation of a tractor and an attachment, when in use, shall be in a legible condition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12212 Modifications {#sec-r-408.12212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12212}

Rule 2212. (1) An additional counterweight, excluding wheelweights, or other counterweights supplied by the manufacturer and used as recommended, shall not be installed on a tractor by the employer without written assurance from the manufacturer of the tractor that the stability of the tractor is maintained.

(2) Other modifications affecting the tractor's capacity or safety shall not be made without written approval of the manufacturer, the special equipment manufacturer, or an engineer knowledgeable on the subject. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12213 Parking brakes {#sec-r-408.12213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12213}

Rule 2213. A tractor shall be equipped with a parking brake or parking lock capable of holding the tractor on the maximum grade that the tractor can negotiate with rated load, or on a 15% grade, whichever is lesser. The parking brake or parking lock shall be manually or automatically applied and shall remain applied until released by the operator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12214 Backhoe-equipped tractors {#sec-r-408.12214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12214}

Rule 2214. If a tractor is equipped with a backhoe, outriggers shall be provided and used, when necessary, to maintain stability.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12215 Load-handling controls; identification; single lever {#sec-r-408.12215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12215}

Rule 2215. (1) A load-handling control on a tractor shall be identified to indicate its function and the direction of the motion of the load or equipment.

(2) A single lever may be used to perform more than 1 function. Push-button or pre-selected controls shall be properly identified.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12216 Overhead guards {#sec-r-408.12216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12216}

Rule 2216. (1) When a load is lifted higher than the head of the operator, and the load creates a hazard to the operator, or when the operator is endangered by a hazard of falling objects other than the load, an overhead guard shall be provided. The overhead guard shall be as prescribed in SAE J167A, “Overhead Protection for Agricultural Tractors Standard,” as referenced in R 408.12202.

(2) The overhead guard shall be constructed in a manner that minimizes interference with the driver’s horizontal visibility. The overhead guard may be constructed of a solid material. If a grid or mesh is used, a 1.5-inch diameter circle shall be the maximum circle that can be inserted between the elements of the grid or mesh. The guard shall be large enough to extend over the operator under all normal circumstances of tractor operation, including forward and rearward tilt of the mast.

(3) On a tractor, a vertical clearance of not less than 39 inches should be maintained from the point of maximum depression of the operator’s seat to the underside of the section of the overhead guard under which the operator’s head moves during normal operation.

(4) Where head room conditions limit the overall lowered height of the tractor, the normal clearance height may be reduced if the operator wears safety head protection as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.12202.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12217 Operation of tractor on slope, ROPS requirements; remounting; labeling {#sec-r-408.12217 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12217}

Rule 2217. (1) After January 1, 1980, an employer shall not permit a tractor to be operated on a slope that could cause the tractor to overturn, unless the tractor is equipped with a ROPS. A low-profile that is used where the vertical clearance is insufficient to allow a ROPS-equipped, low profile tractor to operate, and where it is used inside a building, is excepted from this requirement.

(2) A ROPS for a wheel-type tractor shall meet the test and performance requirements of the Federal Occupational Safety and Health Administration (OSHA) regulations 29 C.F.R. 1928.52 “Protective frames for wheel-type agricultural tractors -test procedures and performance requirements,” and 1928.53 “Protective enclosures for wheel-type agricultural tractors -- test procedures and performance requirements,” that are adopted by reference in R 408.12202.

(3) If a ROPS is removed for any reason, it shall be remounted before the tractor is operated so as to meet the requirements of this rule.

(4) Each ROPS shall have permanently affixed to it a label that states all of the following:

(a) Manufacturer’s or fabricator’s name and address.

(b) ROPS model number, if any.

(c) Tractor make, model, or series number that the ROPS is designed to fit.

(d) That the ROPS model was tested in accordance with the requirements of OSHA regulations 29 C.F.R. 1928.52, “Protective frames for wheel-type agricultural tractors -test procedures and performance requirements,” 29 C.F.R. 1928.53 “Protective enclosures for wheel-type agricultural tractors -- test procedures and performance requirements,” or 29 C.F.R. 1926.1001 “Minimum performance criteria for rollover protective structures for designated scrapers, loaders, dozers, graders, and crawler tractors,” that are adopted by reference in R 408.42202.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12218 Construction of seat belts {#sec-r-408.12218 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12218}

Rule 2218. An employer shall equip each tractor having a ROPS with a seat belt which meets the requirements of the standard, SAE J4C “Motor Vehicle Seat Belt Assemblies,” 1965 edition, as adopted by reference in R 408.42202, except as noted in R 408.12252 (2) and (3).

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12219 Protection from spillage, pinch points, and power take-offs {#sec-r-408.12219 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12219}

Rule 2219. (1) Covers, caps, and breathers for batteries, fuel tanks, oil reservoirs, and coolant systems shall be kept in place.

(2) Any pinch point or shear point created by the tractor or the attachments, or both, that creates a hazard, to which an operator in the normal operating position is exposed, shall be guarded.

(3) A tractor having a power take-off shaft shall be equipped with a master shield on the power take-off shaft, except as permitted in subrule (4). The shield shall have a strength capable of preventing permanent deformation when a 250-pound operator mounts or dismounts the tractor using the shield as a step.

(4) Power take-off-driven equipment shall be guarded to prevent employee contact with the positively driven, rotating member of the power-driven system. Where power take-off-driven equipment is of a design requiring the removal of the master shield, the attaching equipment shall include protection from that portion of the tractor power take-off shaft that protrudes from the tractor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12220 Restrictions of use {#sec-r-408.12220 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12220}

Rule 2220. (1) Except as provided in subrule (2) of this rule, a tractor shall not be used in an environment that is likely to contain an ignitable mixture of gases, vapors, dusts, or fibers.

(2) A tractor used in a hazardous environment, as noted in subrule (1) of this rule, shall be equipped and labeled as prescribed in the National Fire Protection Association Standard NFPA 505, “Type Designations, Areas of Use, Maintenance, and Operation of Powered Industrial Trucks,” 1975 edition, as adopted by reference in R 408.42202.

(3) A tractor with an internal combustion engine shall not be operated in a building or enclosed area unless ventilation is provided which reduces the concentration of toxic gases below the maximum allowable limits as set by the Michigan Occupational Safety and Health Administration (MIOSHA) Standards.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12231 Rescinded {#sec-r-408.12231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12231}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12232 Training {#sec-r-408.12232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12232}

Rule 2232. An employer or his designated representative shall provide training to an employee prior to the employee's assignment as an operator of a tractor. Instruction shall include the following:

(a) Capabilities of the equipment and attachments.

(b) Purpose, use, and limitations of controls.

(c) How to make daily checks.

(d) Practice operating assigned tractors through the functions necessary to perform the required jobs.

(e) Use of seat belts.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12233 Testing {#sec-r-408.12233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12233}

Rule 2233. Before an employer or his designated representative authorizes an employee to operate a tractor, the employee shall demonstrate his ability to satisfactorily operate a tractor to the employer.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12234 Permits {#sec-r-408.12234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12234}

Rule 2234. An employer shall establish a procedure that assures that an employee is trained and qualified to operate a tractor prior to authorizing the employee to operate a tractor. A permit system may be used to comply with this rule.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12235 Mechanical condition and maintenance {#sec-r-408.12235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12235}

Rule 2235. (1) Repair or service work shall not be performed on tractors or attachments while the engine is running, except to make those adjustments that cannot otherwise be made.

(2) A ROPS structure shall not be welded, machined, or otherwise modified unless an engineer qualified in this field, a recognized testing laboratory, or the original manufacturer certifies that the welding, machining, or modification will not alter the original strength rating.

(3) An employer shall not permit a tractor to be used if any of the following conditions exist:

(a) The service or parking brakes do not perform their intended function.

(b) The fuel system leaks.

(c) A lift cylinder of a load-engaging means allows a downward drift of the loadengaging means, loaded or unloaded, in excess of 5 inches in 5 minutes.

(d) A hydraulic system leaks and creates a hazard for an employee or equipment in the area.

(e) The tractor runs in excess of normal operating temperature thereby creating a hazardous condition.

(4) Repairs to a tractor shall not be made in a location made hazardous by the following conditions:

(a) Flammable gases or vapors.

(b) Combustible dusts.

(c) Ignitable fibers.

(5) A replacement part that affects the safety of the operation of the tractor shall provide not less than the equivalent safety of the original part.

(6) All repairs and modifications shall be made by authorized and qualified personnel.

(7) Before servicing or repairing a hydraulic system of a tractor the pressure of the system shall be relieved.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12236 Blocks and safety stands {#sec-r-408.12236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12236}

Rule 2236. An employer shall provide and require the use of blocks or safety stands as a secondary support for tractors or attachments elevated from the floor by a floor jack, hoist, or chain fall.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12237 Fuel {#sec-r-408.12237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12237}

Rule 2237. (1) An employer shall provide and require the use of approved safety fuel cans where tractors are refueled with gasoline at other than a gas pump area or tank wagon.

(2) A tractor shall not be refueled while the engine is running or while a source of ignition is within 25 feet of the tractor. Spilled fuel shall be carefully washed away or completely evaporated, and the fuel tank cap replaced before restarting the engine.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12239 Lift platforms {#sec-r-408.12239 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12239}

Rule 2239. (1) An employee shall not be lifted by a fork-lift tractor, except when a platform is attached to the forks by enclosed sleeves and a safety chain, or other mechanical device, in such a manner that the platform cannot tip or slip.

(2) A platform shall be equipped with a top railing approximately 42 inches high, an intermediate rail, and a toeboard. The railing shall consist of 1 of the following materials:

(a) Wood posts of at least 2 x 4 inches nominal stock, the top rail shall be made of 2 right angle pieces of not less than 1 x 4 inch nominal stock and an intermediate rail of 1 x 4 inch nominal stock.

(b) Steel or aluminum pipe posts and rails with an inside diameter of not less than 1 inch and an intermediate rail of 3/4-inch inside-diameter pipe.

(c) Structural steel or aluminum posts, rails, and intermediate rails of angle iron of not less than 1 x 1 x 3/16 inch size, or other shapes of equal strength.

(3) The toeboard shall be made of not less than 1 inch x 4 inch nominal wood stock or a material of equal strength.

(4) The intermediate rail may be omitted from 1 side if necessary to perform the work.

(5) Any pinch point or shear point on the lifting mechanism to which an employee on the lift platform is exposed shall be guarded.

(6) An employee shall not be transported in a front-end loader bucket.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12240 Load backrest extensions {#sec-r-408.12240 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12240}

Rule 2240. A load backrest extension shall be used on a fork-lift tractor whenever necessary to minimize the possibility of a load, or part of it, falling rearward.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12241 Spinner knobs {#sec-r-408.12241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12241}

Rule 2241. A spinner knob shall not be attached to a steering wheel on a tractor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12242 Signs, lights, and warning devices {#sec-r-408.12242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12242}

Rule 2242. (1) A tractor that is operated on a public street or road shall display a slow moving vehicle sign, as prescribed in R 408.13721 of General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags,” as referenced in R 408.12202.

The tractor shall be equipped with an amber flashing or rotating light visible from 360 degrees.

(2) A tractor that is operated between dawn and dusk on a public street or road or in an area where general lighting is less than 2 foot-candles shall be equipped with headlights and a taillight.

(3) Where an employee’s safety may be affected, a tractor used in areas where general lighting is less than 2 foot-candles shall be equipped with auxiliary lights that illuminate the work in progress.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12243 Tractor inspection; reporting defects {#sec-r-408.12243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12243}

Rule 2243. (1) A tractor shall be visually inspected prior to each shift to assure that there are no visible defects which would adversely affect the safe operation of the tractor and to assure that the prescribed safety devices are in place and functional.

(2) A tractor having any safety defects shall be reported to the supervisor for appropriate action.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12251 Operating rules generally {#sec-r-408.12251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12251}

Rule 2251. (1) At the start of his shift, the operator of a tractor shall perform those checks of his equipment required by R 408.12243.

(2) An operator shall not drive a tractor up to anyone who is standing in front of any fixed object.

(3) An operator shall not allow anyone to stand or pass under the elevated portion of any tractor or its attachment.

(4) An operator shall not put his arms or legs outside of the moving wheels of a tractor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12252 Seat belt use {#sec-r-408.12252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12252}

Rule 2252. (1) An employee operating a tractor equipped with ROPS shall be required to wear a seat belt when the tractor is moving on a slope or under other conditions that affect its stability. The seat belt shall be adjusted so that it secures the operator to the seat.

(2) Where a suspended seat is used, the seat belt shall be fastened to the moveable portion of the seat to accommodate the ride-motion of the operator.

(3) Any seat belt hardware or webbing with defects that adversely affect the purpose of the seat belt shall be repaired or replaced.

(4) No one except the operator shall ride on a tractor unless a seat is provided.

Where ROPS is required, the seat shall be within the ROPS and a seat belt shall be worn to secure the rider to the seat.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12253 Parking {#sec-r-408.12253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12253}

Rule 2253. (1) When the tractor is temporarily parked within the vision of or within 25 feet of the operator, the operator shall neutralize the controls and set the parking brake or park lock.

(2) When a tractor is parked overnight or is left unattended, the power shall be shut off and the controls and attachments set so as to preclude any motion.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12254 Path of travel; clear access {#sec-r-408.12254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12254}

Rule 2254. (1) Before moving or stacking materials, an operator shall observe his path of travel in order to avoid obstacles.

(2) When depositing a load, an operator shall maintain the clear access to fire aisles, to stairways, and to fire equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12255 Reporting accidents {#sec-r-408.12255 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12255}

Rule 2255. A tractor operator shall promptly report to his supervisor or other designated person all accidents involving injury to an employee or damage to buildings and equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12259 Repairs; authorization; qualifications {#sec-r-408.12259 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12259}

Rule 2259. An operator shall not make any repairs or adjustments unless specifically authorized and qualified to do so.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12260 Operation {#sec-r-408.12260 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12260}

Rule 2260. (1) An operator shall do the following:

(a) Operate a tractor according to the rules of this part and in accordance with local traffic rules when on a public road.

(b) Look in the direction of and keep a clear view of the direction of travel.

(c) Travel with the load-engaging means elevated only sufficiently to clear obstacles on floor or roadway.

(d) Start, stop, and turn in a manner that will prevent a load from shifting or overturning the tractor.

(e) Drive at a slow speed over wet or slippery surfaces.

(2) Stunt driving and horseplay shall not be permitted.

(3) Before starting a tractor equipped with a power take-off shaft that is attached to equipment, the power take-off shall be disengaged when an unexpected start-up of the attachment could be hazardous.

(4) The operator shall disengage power to any power take-off attachment when it is not in use.

(5) The operator of a tractor shall transport a load in a bucket or front-end loader with the attachment in the lowest possible position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12261 Operating on slopes and grades {#sec-r-408.12261 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12261}

Rule 2261. A tractor shall not be operated on a slope or grade unless consideration is given to the type of tractor and attachment, type and condition of the surface, speed and direction of movement, and other factors that may cause the tractor to overturn.

History

• History: 1979 AC.

R 408.12301 to R 408.12373 Part 23. Hydraulic Power Presses

Mich. Admin. Code R 408.12301 Scope {#sec-r-408.12301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12301}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 23. HYDRAULIC POWER PRESSES

GENERAL PROVISIONS

Rule 2301. This part applies to power presses which shear, punch, form, or assemble metal or any other material by means of tools or dies attached to plungers or slides, commonly referred to as hydraulic power presses.

This part does not apply to mechanical power presses, air-powered presses, press brakes, bulldozers, hot-metal presses, forging hammers, hot-bending presses, tubebending machines, molding machines, welder presses, riveting or similar fastener machines, nut clinching machines, metal stitching machines, 4 slide machines, or a hydraulic press for nonproductive straightening or for the assembly or the removal of items such as cutting tools, bearings, or bushings from spindles, shafts, axles, or housings.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12303 Definitions; A {#sec-r-408.12303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12303}

Rule 2303. (1) "Adjustable press-barrier device" means an enclosure that permits adjustment for each job or die setup.

(2) "Anti-creep device" means an attachment installed on the feet of a press, which prevents the press from moving across the floor.

(3) "Automatic feeding or ejection" means placing material or a part within, or removing it from, the point of operation by a method or device that does not require an action by an operator at each stroke of the slide.

(4) "Automatic press" means a press equipped with automatic feeding and ejection, and operated in a continuous mode.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12304 Definitions; C {#sec-r-408.12304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12304}

Rule 2304. (1) "Concurrent" means acting in conjunction, not necessarily simultaneously, and is used to describe a situation wherein 2 or more controls exist in an operated condition at the same time.

(2) "Counterbalance" means a mechanism used to balance or support the weight of the slide and upper dies.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12305 Definitions; D {#sec-r-408.12305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12305}

Rule 2305. (1) "Die-enclosure guard" means an enclosure attached to the die shoe, punch shoe or bolster, and fixed in position.

(2) "Die set" means a unit consisting of a lower die shoe and an upper die shoe or punch holder. It is essentially a tool holder held in correct alignment by heel blocks, guide pins or posts, and bushings.

(3) "Die-setting" means the process of placing dies in, or removing dies from, a hydraulic press, and the process of adjusting dies, other tooling, and safeguarding means to cause them to function properly and safely.

(4) "Die shoe" means a plate or block on which die sections and details are mounted. A die shoe functions primarily as a base for the complete die assembly, and, when used, is bolted or clamped to the bolster plate or slide.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12306 Definitions; E {#sec-r-408.12306 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12306}

Rule 2306. (1) "Ejector" means a device for removing work or material from between dies.

(2) "Electronic-control device" means a device so designed and controlled that when the operator's hand or another part of the body is within the point of operation, the press cannot be tripped, and if the hand or another part of the operator's body is inserted into the point of operation area while the slide is descending, the device shall automatically stop the slide. The device may employ active circuit elements such as vacuum tubes, gas tubes, or semiconductor amplifiers, but not magnetic amplifiers, in conjunction with passive circuit elements, such as transformers, inductors, capacitors, resistors or magnetic device operating coils.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

Mich. Admin. Code R 408.12307 Definitions; F {#sec-r-408.12307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12307}

Rule 2307. (1) "Face of the slide" means the surface of the slide (ram) to which the punch or die is usually attached.

(2) "Fixed barrier guard" means a die enclosure attached to the press frame.

(3) "Foot control" means a foot-operated control mechanism which activates a press.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12308 Definitions; G, H {#sec-r-408.12308 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12308}

Rule 2308. (1) "Gate or movable barrier device" means a movable barrier so arranged that it encloses the point of operation before the press cycle (stroke) can be started.

(2) "Guard" (point of operation) means an enclosure that prevents entry of the operator's hands or fingers into the point of operation. See also definitions of "die enclosure guard," "fixed barrier guard," and "interlocked press barrier guard."

(3) "Hand tool" means a hand-held tool designed for placing material in position between dies or for removal after the material has been processed.

(4) "Hand-tool feeding" means placing material within, or removing it from, the point of operation by use of a hand tool.

(5) "Holdout or restraint device" means a mechanism, including attachments for the operator's hands, that, when anchored and adjusted, prevents the operator's hands from entering the point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12309 Definitions; I to M {#sec-r-408.12309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12309}

Rule 2309. (1) "Interlocked press-barrier guard" means an enclosure which is interlocked so that the press cycle cannot be started normally unless the guard or hinged or movable sections enclose the point of operation.

(2) "Knockout" means a mechanism for releasing material from either die.

A stripper or liftout is a type of knockout.

(3) "Manual feeding" means handling by an operator at each stroke of the power press the material or part being processed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12310 Definitions; P {#sec-r-408.12310 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12310}

Rule 2310. (1) "Pinch point" means any point, other than the point of operation, at which it is possible for a part of the body to be injured by being caught between the moving parts of the press or auxiliary equipment, between moving and stationary parts of the press or auxiliary equipment, or between the material and moving parts of the press or auxiliary equipment.

(2) "Point of operation" means the area of the press where material is actually positioned, and where work is being performed, during any process such as shearing, punching, or forming.

(3) "Point of operation device" means a press control or attachment that does any of the following:

(a) Restrains the operator from inadvertently reaching into the point of operation.

(b) Prevents normal press operation if the operator's hands are inadvertently within the point of operation.

(c) Automatically withdraws the operator's hands if they are inadvertently within the point of operation as the dies close.

(4) "Presence sensing device" means a device designed, constructed, and arranged to create a sensing field or area, and to deactivate the control of the press when an operator's hand or other part of the body is within the field or area.

(5) "Press," as referred to in this part, means a powered machine, having a liquid energy transfer media that actuates the slide motion toward and away from the bed surface, where the slide is guided in a definite path by a frame or cylinder.

(6) "Primary operation" means a preliminary press operation applied to material to be subsequently processed. Examples of primary operation include blanking, piercing, and corner cutting.

(7) "Pull-out device" means a mechanism attached to the operator's hands or arms and connected to the slide or upper die, and designed to withdraw the operator's hands from the point of operation as the slide or upper die descends.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

Mich. Admin. Code R 408.12311 Definitions; S {#sec-r-408.12311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12311}

Rule 2311. (1) "Safety block" means a prop that, when inserted between the upper and lower dies or, in absence of a die, between bolster plate and face of the slide, prevents the slide or upper die from falling of its own dead weight.

(2) "Secondary operation" means a press operation in which a preworked part is further processed. This operation includes forming, drawing, and coining.

(3) "Semiautomatic feeding" means placing or removing material or parts within the point of operation, by an auxiliary device, controlled by an operator at each stroke of the press slide.

(4) "Slide" means the main reciprocating press member (also called the ram, plunger, or platen).

(5) "Slide lock device" means a positive mechanical lock or block capable of preventing the slide from closing of its own dead weight.

(6) "Stripper" means a device for removing the material or part from the punch.

(7) "Sweep device" means a single or double arm attached to the slide or upper die of the press, which moves the hands of an operator from within the point of operation as the slide or upper die descends.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12312 Definitions; T, U {#sec-r-408.12312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12312}

Rule 2312. (1) "Two-hand control" means an actuation device that requires the concurrent use of both hands of an operator to trip or control the press.

(2) "Unitized tooling" means a type of die in which the upper and lower members are incorporated in a self-contained unit so arranged as to hold the die members in alignment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12316 Duties of employer {#sec-r-408.12316 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12316}

Rule 2316. The employer shall:

(a) Use dies or operating methods, or both, designed to control or eliminate hazards to operating personnel.

(b) Furnish, and require the use of, a hand tool for freeing and removing stuck work or scrap pieces from the die, so that an employee need not reach into the point of operation for such purposes.

GUARDING

History

• History: 1979 AC.

Mich. Admin. Code R 408.12321 Safeguarding in general at point of operation {#sec-r-408.12321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12321}

Rule 2321. (1) Where operator exposure exists, a press shall be equipped and operated with a point of operation guard or a point of operation protection device for every press operation performed, except where the point of operation is limited to an opening of 1/4 inch or less.

(2) One or more means of safeguarding a press operator at the point of operation shall be provided and used on a press, depending upon the method of feeding and in accordance with table 1.

(3) During die tryout, R 408.12322 to R 408.12341 and R 408.12365 do not apply.

TABLE 1

Method of Feeding Press Safeguarding Required A. Automatic feed Fixed barrier guard, or die enclosure guard, Automatic roll feed or gate or movable barrier device, or Automatic push, pull, interlocked press barrierm or an operating transfer, or dial feed. device that assures press action will be stopped before the operator can reach into the point of operation. 1 B. Semiautomatic feed Fixed barrier guard, or die enclosure guard, Chute feed (both gravity or gate or movable barrier device, 2-hand and follow feed) control Slide or push feed Sliding dies Dial feed Revolving dies C. Manual feed Fixed barrier guard, or die enclosure guard, or gate or movable barrier device, or sweep device, or pull out device, or restraint device, or electronic control device, or 2- hand control.

1. Where 2 or more presses are used in in-line operations with automatic loading and unloading equipment, either the safeguards required in "A" or an interlocked enclosure shall be used in conjuction with each press.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12322 Point of operation guards {#sec-r-408.12322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12322}

Rule 2322. (1) A point of operation guard shall be reliable in construction, application, and adjustment, and shall be attached to the press or to the die. The guard itself shall not offer any hazard and shall be so designed and constructed as to facilitate inspection and minimize the possibility of removing or misusing essential parts.

(2) The guard shall be designed and constructed in accordance with table 2, except as prescribed in subrule (3), to prevent entry of an operator's hand or fingers within the point of operation.

(3) A barrier guard may have feed holes for the stock which shall be of such size and distance from the die as to prevent entry of a hand or finger of each operator into the point of operation or other nip points.

(4) A guard shall be installed, maintained, and adjusted to provide safe operation.

Figure for 408.12322

History

• History: 1979 AC.

Mich. Admin. Code R 408.12323 Die-enclosure and fixed barrier guards {#sec-r-408.12323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12323}

Rule 2323. (1) A die-enclosure guard shall be attached to the die shoe or stripper or bolster in a fixed position and shall be so designed and constructed that the operator cannot reach over, under or around the guard and into the point of operation.

(2) At least a 1-inch clearance shall be provided between the top edge of the guard and the slide or any projection thereon, to prevent a shearing hazard caused by slide travel. The guard shall extend at least 1 inch above the bottom of the slide at the top of the stroke in order to prevent a shearing hazard.

(3) The guard shall afford at least 50% die visibility where visibility is necessary for proper placement of materials and permit easy feeding of the stock through openings in accordance with table 2. Where rods are used, they shall be vertical.

(4) A fixed barrier guard shall enclose the point of operation in accordance with table 2 and shall be secured to the press frame, die or bolster by fasteners that would discourage removal by unauthorized personnel.

(5) A die enclosure or fixed barrier guard that does not meet the requirements of R 408.12322 to R 408.12324 and table 2 shall be used only with point of operation devices prescribed in R 408.12325 to R 408.12341.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12324 Interlocked press-barrier guards {#sec-r-408.12324 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12324}

Rule 2324. An interlocked press-barrier guard, when required by table 1 shall enclose the die space or work area, and shall be so interlocked that the slide cannot be actuated unless the guard or hinged or moveable section is in position in accordance with table 2.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12325 Point of operation devices {#sec-r-408.12325 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12325}

Rule 2325. (1) A point of operation device differs from a guard inasmuch as it allows the operator access to the point of operation for loading and unloading the die.

It either prevents actual operation until the hands are removed or removes the hands from the point of operation as the press slide descends. A point of operation device may be a barrier device, which does not meet the requirements outlined in R 408.12322 to R 408.12324.

(2) A point of operation device shall be so designed, constructed, and located as to prevent, during normal operations, employee's hands or fingers from remaining within the point of operation during downward movement of the slide.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12326 Adjustable press-barrier devices {#sec-r-408.12326 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12326}

Rule 2326. (1) An adjustable press-barrier device shall be attached to the frame of the press or die shoe and shall have front and side sections adjustable for dies or jobs of any size.

(2) Adjustments shall be verified by qualified and authorized personnel before the press is returned to production. Qualifications for such personnel shall include a knowledge of table 2. With the use of an adjustable press-barrier device, authorized personnel shall be instructed regarding proper adjustments of the device and that these adjustments are an important part of their jobs. An operator shall not be allowed to make any change in the adjustments without approval of supervisory personnel.

(3) Where the adjustable press-barrier device cannot be adjusted to give clearance within the limitations of table 2 (as, for example, for the insertion or removal of an irregularly shaped piece), mechanical feeds, ejectors, and/or other point of operation devices shall be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12327 Gate or movable barrier devices {#sec-r-408.12327 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12327}

Rule 2327. (1) A gate or movable barrier device shall enclose the point of operation before power is transmitted to the slide.

(2) The device shall be interlocked with the press-control circuit so that the downward motion of the slide cannot begin until the device encloses the point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12331 Two-hand controls {#sec-r-408.12331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12331}

Rule 2331. (1) A 2-hand control shall require the application of both hands to operate the press and shall require concurrent pressure on both controls until a point is reached in the downward stroke where the die opening is such that the operator cannot remove their hands and place them within the point of operation. Removal of 1 or both hands, before the closing portion of the cycle, shall either stop the slide or return the slide to its starting position.

(2) Two-hand controls for single-stroke operation, manufactured and installed on or after August 31, 1971, shall be designed to require release of all operator's hand controls before a second stroke can be initiated.

(3) Controls for more than 1 operating station shall be designed to be activated and deactivated in complete sets of 2-hand controls per operating station, by means capable of being supervised by the employer.

(4) If foot control is provided, the selection method between hand and foot control shall be separated from the stroking selector and shall be designed so that the selection may be supervised by the employer.

(5) A 2-hand control is a mechanically, pneumatically, or electrically controlled system.

(6) A 2-hand control shall be installed to prevent "bridging" controls, so that it can be operated by 2 hands only.

(7) In a press operation requiring more than 1 operator, a set of 2-hand controls shall be provided for each operator. However, a foot control may be used with 2-hand controls if arranged to operate concurrently (otherwise, no cycle) and if the operator is not exposed to the point of operation.

(8) If each of the operating stations is provided with a lockout arrangement, provisions shall be made to prevent an unintentional press cycle when all of the operating controls are locked out.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

Mich. Admin. Code R 408.12332 Two-hand devices; controls {#sec-r-408.12332 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12332}

Rule 2332. (1) A 2-hand device may be a mechanically, pneumatically or electrically controlled system.

(2) A 2-hand device shall be installed to prevent "bridging" controls, and so that it can be operated by 2 hands only.

(3) In a power press operation requiring more than 1 operator, a set of 2-hand devices shall be provided for each operator. However a foot control may be used with 2-hand devices if arranged to operate concurrently (otherwise, no cycle) and if the operator is not exposed to the point of operation. If each of the operating stations is provided with a lockout arrangement, provision shall be made to prevent an unintentional press cycle when all of the operating controls are locked out.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12334 Pull-out devices {#sec-r-408.12334 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12334}

Rule 2334. (1) A pull-out device shall include attachments for the operator's hands or arms. The attachments shall be connected to the slide or upper die of the press so that the operator's hands or fingers are removed from the point of operation as the slide descends.

(2) Authorized personnel shall be trained and shall be responsible for proper adjustment of the device for each die setup and operator change.

They shall make periodic inspections to determine condition of worn and broken parts which shall be replaced before permitting operation.

(3) If more than 1 operator is required on a press, a set of pull-out devices shall be provided for each operator.

(4) Each pull-out device in use shall be visually inspected and checked for proper adjustment at the start of each operator shift, following a new die set-up, and when operators are changed. Necessary maintenance or repair, or both, shall be performed and completed before the press is operated. Records of maintenance shall be kept pursuant to R 408.12373.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12336 Rescinded {#sec-r-408.12336 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12336}

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.12338 Holdout and restraint devices {#sec-r-408.12338 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12338}

Rule 2338. A holdout or restraint device shall be securely anchored and adjusted so that the operator is restrained from reaching into the point of operation. A set of restraints shall be provided for each operator if more than 1 operator is required on a press.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12341 Presence sensing devices {#sec-r-408.12341 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12341}

Rule 2341. (1) A presence sensing device shall be designed and installed so that when the operator's hands or another part of the body disturbs the sensing field, the downward travel of the slide is prevented or stopped. This device shall not be used as a tripping means.

(2) Equipment shall be installed so that failure of light or photoelectric relay or other energy source makes the press inoperative.

(3) These devices shall not, in themselves, create a physical or organic hazard to the operator.

(4) The safety distance (Ds) from the sensing field to the point of operation shall be greater than the distance determined by the following formula:

Ds = 63 inches/second X TS where:

Ds = minimum safety distance (inches); 63 inches/second = hand speed constant; and TS = stopping time of press measured when slide has completed approximately half of the downward stroke.

(5) To protect all areas of entry to the point of operation not protected by the presence sensing device, the partial enclosure shall be used and shall not create a pinch point or shear hazard.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

Mich. Admin. Code R 408.12343 Hand-feeding tools {#sec-r-408.12343 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12343}

Rule 2343. Hand-feeding tools, such as but not limited to pushers, pliers, pinchers, tweezers, suction discs or magnets, are intended for placing and removing materials, in order to permit safe feeding of material by the operator. Such tools shall not be accepted in lieu of other guards or devices as required in R 408.12321 to R 408.12341.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12344 Slide lock device {#sec-r-408.12344 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12344}

Rule 2344. (1) When a slide lock device or block is used, an additional point of operation guard or device shall be used to protect the operator before the slide lock device is in position and secures the slide from closing. Visual indication of the operation of the slide lock device shall be provided.

(2) The slide lock device and area of contact with die or slide shall be of such design and strength as not to create an additional hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12351 Foot pedal {#sec-r-408.12351 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12351}

Rule 2351. The pedal mechanism shall be protected to prevent unintended operation from falling or moving objects, or by accidental stepping onto the pedal.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12353 Foot-operated pedals {#sec-r-408.12353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12353}

Rule 2353. (1) Mechanical pedal return springs shall be the compression type, operated on a rod or guided within a hole or tube. If operated on a rod, the inside diameter of the spring shall be no greater than the diameter of the rod, plus 1/8 inch. If guided within a hole or tube, the inside diameter of the hole or tube shall be no greater than the outside diameter of the spring coil, plus 1/8 inch. A spring, in its initial compressed position, shall be so wound that the space between coils is less than the diameter of the wire.

(2) A pedal counterweight, if provided, shall have the path of the travel of the weight enclosed or guarded.

(3) A mechanical foot pedal shall be securely mounted on a press leg where the pedal is an integral part of the press.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12355 Hand-operated levers {#sec-r-408.12355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12355}

Rule 2355. (1) A hand lever operated press shall be equipped with a spring latch on the operating lever to prevent premature, accidental tripping.

(2) The operating lever on a hand-tripped press having more than 1 operating station shall be so interlocked as to prevent operation of the press except by concurrent action of all levers.

(3) A guard or device shall be used in conjunction with the hand-operated lever to safeguard the point of operation, or the lever shall be located so that the operator cannot reach into the point of operation.

HYDRAULICS--DIES--SCRAP

History

• History: 1979 AC.

Mich. Admin. Code R 408.12356 Hydraulic systems {#sec-r-408.12356 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12356}

Rule 2356. A hydraulic pump used as a source of power for a press shall have the capability to sustain the required capacity.

DESIGN, CONSTRUCTION, AND SETTING OF DIES

History

• History: 1979 AC.

Mich. Admin. Code R 408.12361 Design and construction of dies {#sec-r-408.12361 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12361}

Rule 2361. (1) A die shall be so designed and constructed as to permit the use of guards as required in R 408.12322 to R 408.12324, or to permit safeguarding with point-of-operation devices as required in R 408.12325 to R 408.12341.

(2) Where hand-feeding tools are to be employed, a die shall be designed and constructed to allow easy access to the nest for loading and unloading.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12363 Ejecting stock and scrap {#sec-r-408.12363 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12363}

Rule 2363. (1) Spring pads or rubber strippers, or equivalent means, shall be provided where required on punching or piercing dies to ensure that parts are stripped or knocked out.

(2) Automatic ejection of stock and scrap should be considered during die design.

(3) The employer shall provide means for safely handling scrap from roll feed or random length stock operations. Scrap cutters used in conjunction with scrap handling systems shall be safeguarded pursuant to table 2. Scrap recoil devices may be used instead of scrap cutters.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

Mich. Admin. Code R 408.12365 Guide pins {#sec-r-408.12365 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12365}

Rule 2365. Where there is exposure to guide pins, spring enclosures or guidepin covers shall be used if the guide pins separate from the bushing more than 1/4 inch.

Where dies are guarded in accordance with R 408.12321 to R 408.12324, guide-pin protection is not necessary.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12366 Unitized tooling {#sec-r-408.12366 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12366}

Rule 2366. When a unitized tooling is used, the opening between the top of the die and face of the slide or striking pad shall be guarded pursuant to the requirements of table 1.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12367 Die fastening {#sec-r-408.12367 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12367}

Rule 2367. (1) Provision shall be made in both the upper and lower shoes for securely mounting a die to the bolster and slide. Where clamp caps or setscrews are used in conjunction with punch stems, additional means of securing the upper shoe to the slide shall be used.

(2) A die should be handled with equipment of proper capacity and designed for that purpose.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12369 Die setting {#sec-r-408.12369 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12369}

Rule 2369. (1) A die setting procedure shall be established that will:

(a) Insure that enclosure guards or protective devices are used and properly installed prior to production, and (b) Require the diesetter or authorized personnel to ascertain that all point of operation safety devices are effective before releasing the press for operation.

(2) Stops shall be provided to prevent losing control of the die while setting or removing the die on an inclined press.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12370 Die and press repair {#sec-r-408.12370 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12370}

Rule 2370. (1) Repair work to a die while in a press, or mechanical repair work to a press, shall not commence until power to the press pump motor is disconnected.

Where multiple presses use a common power source, other means shall be taken to assure that no press motion can occur to cause an injury.

(2) Safety blocks shall be used when a die is being repaired while in a press.

(3) Means shall be provided to prevent cycling a press with the safety block in place between the upper and lower dies, or between the bolster plate and slide face, unless the safety block is of such design and material as to safely withstand the total press capacity.

TRAINING AND INSPECTION

History

• History: 1979 AC.

Mich. Admin. Code R 408.12371 Instruction of operators {#sec-r-408.12371 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12371}

Rule 2371. Before starting work on a press and before starting work on an operation with which the operator is not familiar, he shall be carefully instructed in the particular operation and in the safe method of work.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12372 Die and stock lubrication {#sec-r-408.12372 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12372}

Rule 2372. Brushes, swabs, lubricating rolls, and automatic or manual pressure guns shall be provided so that an operator will not be required to reach between dies to lubricate stock, punches or dies.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12373 Inspection and maintenance records {#sec-r-408.12373 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12373}

Rule 2373. The employer shall establish and follow a program of periodic and regular inspections of presses to ensure that all their parts, auxiliary equipment, and safeguards are in a safe operating condition and adjustment. The employer shall maintain records of these inspections and of the maintenance work performed.

History

• History: 1979 AC; 2023 MR 6, Eff. March 27, 2023.

R 408.12401 to R 408.12477 Part 24. Mechanical Power Presses

Mich. Admin. Code R 408.12401 Scope {#sec-r-408.12401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 24. MECHANICAL POWER PRESSES

GENERAL PROVISIONS

Rule 2401. (1) This standard applies to power presses that shear, punch, form, or assemble metal or any other material by means of tools or dies attached to plungers or slides and that are commonly referred to as mechanical power presses.

(2) This standard does not apply to any of the following:

(a) Hydraulic presses.

(b) Iron workers.

(c) Press brakes.

(d) Bulldozers.

(e) Hot metal presses.

(f) Forging hammers.

(g) Hot-bending presses.

(h) Molding or riveting machines.

(i) Welder presses.

(j) Nut clinching machines.

(k) Metal stitching machines.

(l) Stationary engraving presses.

(m) Powdered metal presses.

(n) Multi-slide machines.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12402 Adopted and referenced standards {#sec-r-408.12402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12402}

Rule 2402. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American Society of Mechanical Engineers ASME “Pressure Vessel Code,”

Section VIII, “Unfired Pressure Vessels,” 1974 edition. Cost: $514.00.

(b) ASME “Pressure Vessel Code,” Section VIII, “Unfired Pressure Vessels,” 1983 edition. Cost: $514.00 (2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48933.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The Michigan occupational safety and health General Industry Safety Standard Part 1 “General Provisions,” R 408.1001 to R 408.10098, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.12403 Definitions; A to C {#sec-r-408.12403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12403}

Rule 2403. (1) "Adjustable barrier guard" means a barrier that is adjustable for different jobs or die setups.

(2) "Anti-repeat” means the part of the clutch/brake control system designed to limit the press to a single stroke. Anti-repeat requires release of all tripping mechanisms before another stroke can be initiated. Anti-repeat is also called single stroke reset or reset circuit.

(3) "Automatic feeding" means feeding where the material or part being processed is placed within or removed from the point of operation by a method or means that does not require action by an operator on each stroke of the press.

(4) "Bolster plate" means the plate attached to the top of the bed of the press having drilled holes to T-slots for attaching the lower die or die shoe.

(5) "Brake" means the mechanism used on a mechanical press to stop or hold, or both, the crankshaft, either directly or through a gear train, when the clutch is disengaged.

(6) "Brake monitor" means the sensor designed, constructed, and arranged to monitor the effectiveness of the press braking system.

(7) "Clutch" means the coupling mechanism used on a mechanical press to couple the flywheel to the crankshaft, either directly or through a gear train. See R 408.12404(9), R 408.12405(7), and R 408.12407(4).

(8) "Concurrent" means acting in conjunction with, but not necessarily simultaneously with, and is used to describe a situation where 2 or more controls exist in an operated condition at the same time.

(9) "Continuous" means uninterrupted multiple strokes of the slide without intervening stops or other clutch control action at the end of individual strokes.

(10) "Control system" means the combination of controls that have an effect on the cycling or stopping of the ram where the safety of the operator would be influenced.

(11) "Counterbalance" means the mechanism that is used to balance or support the weight of the connecting rods, slide, and slide attachments.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12404 Definitions; D {#sec-r-408.12404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12404}

Rule 2404. (1) "Device" means a press control or attachment that performs any 1 of the following functions:

(a) Restrains the operator from inadvertently reaching into the point of operation.

(b) Prevents normal press operation if the operator's hands are inadvertently within the point of operation.

(c) Automatically withdraws the operator's hands if the operator's hands are inadvertently within the point of operation as the dies close. See R 408.12406(1) and (5), R 408.12407(7) and (9), R 408.12408(10), and R 408.12409(3).

(2) "Die" means the tooling used in a press for cutting or forming material. An upper and lower die make a complete set.

(3) "Die builder" means a person who builds dies for presses.

(4) "Die enclosure guard" means an enclosure that is attached to the die shoe or stripper, or both, in a fixed position.

(5) "Die set" means a tool holder which is held in alignment by guide posts and bushings and which consists of a lower shoe, an upper shoe or punch holder, and guide posts and bushings.

(6) "Die setter" means an individual who places dies in, or removes dies from, mechanical presses and who, as a part of assigned duties, makes the necessary adjustments to cause the tooling to function properly and safely.

(7) "Die setting" means the process of placing dies in, or removing dies from, a mechanical press, and the process of adjusting the dies, other tooling, and safeguarding means to cause them to function properly and safely.

(8) "Die shoe" means a plate or block upon which a die holder is mounted. A die shoe functions primarily as a base for the complete die assembly and, when used, is bolted or clamped to the bolster plate or the face of the slide.

(9) "Direct drive" means the type of driving arrangement where a clutch is not used and where coupling and decoupling of the driving torque is accomplished by energization and de-energization of a motor. Even though not employing a clutch, direct drives match the operational characteristics of part revolution clutches because the driving power may be disengaged during the stroke of the press.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.12405 Definitions; E, F {#sec-r-408.12405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12405}

Rule 2405. (1) "Ejector" means a mechanism for removing work or material from between the dies.

(2) "Face of slide" means the bottom surface of the slide to which the punch or upper die is generally attached.

(3) "Feeding" means the process of placing material within, or removing material from, the point of operation. See R 408.12403(3), R 408.12407(2), and R 408.12408(3).

(4) "Fixed barrier guard" means a die space barrier attached to the press frame.

(5) "Foot control" means the foot-operated control mechanism designed to be used with a clutch or clutch/brake control system.

(6) "Foot pedal" means the foot-operated lever designed to operate the mechanical linkage that trips a full revolution clutch.

(7) "Full revolution clutch" means a type of clutch that, when tripped, cannot be disengaged until the crankshaft completes a full revolution and the press slide completes a full stroke.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12406 Definitions; G to K {#sec-r-408.12406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12406}

Rule 2406. (1) "Gate or movable barrier device" means a movable barrier arranged to enclose the point of operation before the press stroke can be started.

(2) "Guard" means a barrier that prevents entry of the operator's hands or fingers into the point of operation. See R 408.12403(1), R 408.12404(4), R 408.12405(4), and R 408.12406(7).

(3) "Guide post" means the pin attached to the upper or lower die shoe, operating within the bushing on the opposing die shoe, to maintain the alignment of the upper and lower dies.

(4) "Hand feeding tool" means a hand-held tool designed for placing or removing material or parts to be processed within or from the point of operation.

(5) "Holdout or restraint device" means a mechanism, including attachments for operator's hands, that, when anchored and adjusted, prevents the operator's hands from entering the point of operation.

(6) "Inch" means an intermittent motion imparted to the slide (on machines using part revolution clutches) by momentary operation of the "inch" operating means. Operation of the "inch" operating means engages the driving clutch so that a small portion of 1 stroke or indefinite stroking can occur, depending upon the length of time the "inch" operating means is held operated. "Inch" is a function used by the die setter for setup of dies and tooling, but is not intended for use during production operations by the operator.

(7) "Interlocked press barrier guard" means a barrier attached to the press frame and interlocked so that the press stroke cannot be started normally unless the guard itself, or its hinged or movable sections, enclose the point of operation.

(8) "Jog" means an intermittent motion imparted to the slide by momentary operation of the drive motor, after the clutch is engaged with the flywheel at rest.

(9) "Knockout" means a mechanism for releasing material from either die.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12407 Definitions; L to P {#sec-r-408.12407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12407}

Rule 2407. (1) "Liftout" means the mechanism also known as knockout.

(2) "Manual feeding" means feeding where the material or part being processed is handled by the operator on each stroke of the press.

(3) "Operator" means an individual who performs production work on a press.

(4) "Operator's station" means the complete complement of controls used by or available to an operator on a given operation for stroking the press.

(5) "Part revolution clutch" means a type of clutch that can be disengaged at any point before the crankshaft has completed a full revolution and the press slide has completed a full stroke.

(6) "Pinch point" means any point, other than the point of operation, at which it is possible for a part of the body to be injured by being caught between the moving parts of a press or auxiliary equipment, between moving and stationary parts of a press or auxiliary equipment, or between the material and moving part or parts of the press or auxiliary equipment.

(7) "Point of operation" means the area of the die where material is actually positioned and work is being performed during any process, such as shearing, punching, forming, or assembling.

(8) "Presence-sensing device" means a device that is designed, constructed, and arranged to create a sensing field or area and to deactivate the clutch control of the press when a hand or other body part of an operator is within such field or area and activate the brake of the press.

(9) "Press," as referred to in this part, means a mechanically powered machine that shears, punches, forms, or assembles metal or other material by means of cutting, shaping, or combination dies attached to slides and is commonly referred to as a mechanical power press. A press consists of a stationary bed or anvil and a slide having a controlled reciprocating motion toward and away from the bed surface, the slide being guided in a definite path by a frame of the press.

(10) "Pull-out device" means a mechanism that is attached to the operator's hands and connected to the upper die or slide of the press and that is designed, when properly adjusted, to withdraw the operator's hands as the dies close if the operator's hands are inadvertently within the point of operation.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12408 Definitions; R, S {#sec-r-408.12408 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12408}

Rule 2408. (1) "Repeat" means an unintended or unexpected successive power stroke of the press resulting from a malfunction.

(2) "Safety block" means a prop that, when inserted between the upper and lower dies or between the bolster plate and the face of the slide, prevents the slide from falling of its own dead weight.

(3) "Semiautomatic feeding" means feeding wherein the material or part being processed is placed within, or removed from, the point of operation by an auxiliary means controlled by an operator on each stroke of the press.

(4) "Single stroke" means 1 complete stroke of the slide, usually initiated from a full open (or up) position, followed by closing (or down), and then a return to the full open position.

(5) "Single stroke mechanism" means an arrangement used on a full revolution clutch to limit the travel of the slide to 1 complete stroke at each engagement of the clutch.

(6) "Slide" means the main reciprocating press member. A slide is also called a ram, plunger, or platen.

(7) "Stop control" means an operator control designed to immediately deactivate the clutch control and activate the brake to stop slide motion.

(8) "Stripper" means a mechanism or die part for removing the parts or material from the punch.

(9) "Stroking selector" means the part of the clutch/brake control that determines the type of stroking when the operating means is actuated. The stroking selector generally includes positions for "off" such as clutch control, "inch," "single stroke," and "continuous" such as when continuous is furnished.

(10) "Sweep device" means a single or double arm(rod) attached to the upper die or slide of the press and designed to move the operator's hands to a safe position, as the dies close, if the operator's hands are inadvertently within the point of operation.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12409 Definitions; T, U {#sec-r-408.12409 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12409}

Rule 2409. (1) "Trip" or "tripping" means activation of the clutch to "run" the press.

(2) "Turnover bar" means a bar used in die setting to manually turn the crankshaft of the press.

(3) "Two-hand control device" means a 2-hand actuating device that further requires concurrent pressure from both hands of the operator during a substantial part of the die-closing portion of the stroke of the press.

(4) "Two-hand trip" means a clutch actuating means requiring the concurrent use of both hands of the operator to trip the press.

(5) "Unitized tooling" means a type of die in which the upper and lower members are incorporated into a self-contained unit so arranged as to hold the die members in alignment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12411 Employer responsibilities {#sec-r-408.12411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12411}

Rule 2411. (1) An employer shall train and instruct an operator in the safe method of work before starting work on any operation covered by this standard. The employer shall ensure that correct operating procedures are being followed, that all required safeguards are installed, and that the safeguards are functional and are being used.

(2) An employer shall train and instruct maintenance and inspection personnel who are responsible for the care, inspection, and maintenance of mechanical power presses and assure that they are knowledgeable in these rules.

(3) An employer shall provide clearance between machines so that movement of one operator does not interfere with the work of another. Ample room for cleaning machines and for handling material, work-pieces, and scrap shall also be provided. All surrounding floors shall be kept in good condition and free from obstructions, grease, oil, and water.

(4) An employer shall operate each press within the tonnage and attachment weight ratings specified by the manufacturer.

(5) An employer shall obtain, from any outside firm that modifies a press, instructions that are needed to establish new or changed guidelines for the care and use of the modified press.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2016 AACS.

Mich. Admin. Code R 408.12412 Inspection and maintenance records {#sec-r-408.12412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12412}

Rule 2412. (1) An employer shall establish and follow an inspection program having a general component and a directed component according to the following:

(a) Under the general component of the inspection program, the employer shall do the following:

(i) Conduct periodic and regular inspections of each power press to ensure that all of its parts, auxiliary equipment, and safeguards, including the clutch/brake mechanism, anti-repeat feature, and single-stroke mechanism, are in a safe operating condition and adjustment.

(ii) Perform and complete necessary maintenance or repair, or both, before operating the press.

(iii) Maintain a certification record of each inspection, and each maintenance and repair task performed, under the general component of the inspection program that includes the date of the inspection, maintenance, or repair work, the signature of the person who performed the inspection, maintenance, or repair work, and the serial number, or other identifier, of the power press inspected, maintained, and repaired.

(b) Under the directed component of the inspection program, the employer shall do all of the following:

(i) Inspect and test each press on a regular basis at least once a week to determine the condition of the clutch/brake mechanism, anti-repeat feature, and single-stroke mechanism.

(ii) Perform and complete necessary maintenance or repair, or both, on the clutch/brake mechanism, anti-repeat feature, and single-stroke mechanism before operating the press.

(iii) Maintain a certification record of each maintenance task performed under the directed component of the inspection program that includes the date of the maintenance task, the signature of the person who performed the maintenance task, and the serial number, or other identifier, of the power press maintained.

Note to subdivision (b) of this rule: Inspections of the clutch/brake mechanism, anti-repeat feature, and single-stroke mechanism conducted under the directed component of the inspection program are exempt from the requirement to maintain certification records specified by subdivision (a)(iii) of this subrule, but inspections of the clutch/brake mechanism, anti-repeat feature, and single-stroke mechanism conducted under the general component of the inspection program are not exempt from this requirement.

(c) Subdivision (b) of this subrule does not apply to presses that comply with R 408.12422 (2) and R 408.12429.

(2) When an inspection of a press reveals a condition that is likely to lead to a component failure that could cause an injury to the operator or other employee, the condition shall be corrected before the press is operated.

Editor's Note: An obvious error in R 408.12412 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 22. The memorandum requesting the correction was published in Michigan Register, 2017 MR 5.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2016 AACS.

Mich. Admin. Code R 408.12413 Reports of injuries {#sec-r-408.12413 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12413}

Rule 2413. An employer shall, within 30 days of the occurrence, report to the director of the Michigan Occupational Safety and Health Administration (MIOSHA), 530 West Allegan Street, Lansing, Michigan 48933, all point of operation injuries or injuries within the confines of the die to operators or other employees. All of the following information shall be included in the report:

(a) Employer's name, address, and location of the workplace and establishment.

(b) Employee's name, injury sustained, date of injury, and the task being performed such as operation, setup, maintenance, or other tasks.

(c) Type of clutch used on the press such as full revolution, part revolution, or direct drive.

(d) Type of safeguard being used such as 2-hand control, 2-hand trip, pull-outs, or other safeguards. If the safeguard is not described herein, give a complete description.

(e) Cause of the accident such as repeat of press, safeguard failure, removing stuck part or scrap, no safeguard provided, no safeguard in use, or other causes.

(f) Type of feeding such as manual with hands in dies or with hands out of dies, semiautomatic, automatic, or other types of feeding.

(g) Means used to actuate press stroke such as foot trip, foot control, hand trip, hand control, or other means.

(h) Number of operators required for the operation and the number of operators provided with controls and safeguards.

CONSTRUCTION--GENERAL

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12421 Broken or falling machine components {#sec-r-408.12421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12421}

Rule 2421. Machine components shall be designed, secured, or covered to minimize hazards caused by breakage, loosening and falling, or release of mechanical energy.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12422 Brakes {#sec-r-408.12422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12422}

Rule 2422. (1) Friction brakes provided for stopping or holding the slide movement shall be set with compression springs. Brake capacity shall be sufficient to stop the motion of the slide quickly and shall be capable of holding the slide and its attachments at any point in its travel.

(2) When required by R 408.12461 of this part, the brake monitor shall meet the following requirements:

(a) Be so constructed as to automatically prevent the activation of a successive stroke if the stopping time or braking distance deteriorates to a point where the safety distance being utilized does not meet the requirements prescribed in R 408.12463(1) and (7). The brake monitor used with the type B gate or movable barrier device shall be installed in a manner to detect slide top-stop overrun beyond the normal limit reasonably established by the employer.

(b) Be installed on a press in such a way that it indicates when the performance of the braking system has deteriorated to the extent described in subdivision (a) of this subrule.

(c) Be constructed and installed in a manner to monitor brake system performance on each stroke or each time the brakes are applied.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12423 Electrical {#sec-r-408.12423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12423}

Rule 2423. All A.C. control circuits and solenoid valve coils shall be powered by not more than a nominal 120-volt A.C. supply obtained from a transformer with an isolated secondary. Higher voltages that may be necessary for operation of machine or control mechanisms shall be isolated from any control mechanism handled by the operator, but motor starters with integral start-stop buttons may utilize line voltage control. All D.C. control circuits shall be powered by not more than a nominal 240volt D.C. supply isolated from any higher voltages.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12424 Component failure {#sec-r-408.12424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12424}

Rule 2424. Electrical clutch/brake control circuits shall incorporate features to minimize the possibility of an unintended stroke in the event of the failure of a control component to function properly, including relays, limit switches, and static output circuits.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12425 Slide counterbalance systems {#sec-r-408.12425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12425}

Rule 2425. (1) Spring counterbalance systems, when used, shall incorporate means to retain system parts in event of breakage.

(2) Spring counterbalances, when used, shall have the capability to hold the slide and its attachments at mid-stroke, without brake applied.

(3) An air counterbalance cylinder shall have all of the following:

(a) Incorporate means to retain the piston and rod in case of breakage or loosening.

(b) Have adequate capability to hold the slide and its attachments at any point in stroke, without brake applied.

(c) Incorporate means to prevent failure of capability (sudden loss of pressure) in event of air supply failure.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12426 Air controlling equipment {#sec-r-408.12426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12426}

Rule 2426. (1) Air controlling equipment shall be protected against foreign material and water entering the pneumatic system of the press.

(2) A means of air lubrication shall be provided when needed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12427 Hydraulic equipment {#sec-r-408.12427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12427}

Rule 2427. The maximum anticipated working pressures in any hydraulic system on a press shall not exceed the safe working pressure rating of any component used in that system.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12428 Pressure vessels {#sec-r-408.12428 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12428}

Rule 2428. (1) A pressure vessel that is used in conjunction with a press before June 15, 1990, shall be as prescribed in American Society of Mechanical Engineers ASME “Pressure Vessel Code,” Section VIII, “Unfired Pressure Vessels,” 1974 edition, as adopted in R 408.12402.

(2) A pressure vessel that is installed in conjunction with a press after June 15, 1990, shall be as prescribed in ASME “Pressure Vessel Code,” Section VIII, “Unfired Pressure Vessels,” 1983 edition, as adopted in R 408.12402.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12429 Control reliability {#sec-r-408.12429 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12429}

Rule 2429. When required by R 408.12461 of this part, the control system shall be constructed so that a failure within the system does not prevent the normal stopping action from being applied to the press when required, but does prevent initiation of a successive stroke until the failure is corrected. The failure shall be detectable by a simple test, or indicated by the control system. This requirement does not apply to those elements of the control system which have no effect on the protection against point of operation injuries.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12431 Single stroke {#sec-r-408.12431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12431}

Rule 2431. (1) Presses using full-revolution clutches shall incorporate a singlestroke mechanism, except that the single-stroke mechanism may be omitted if either of the following conditions is met:

(a) A press has barrier guards as prescribed in R 408.12462(1), (2), and (3) on all 4 sides and a second action is required to initiate the cycle after the machine has been energized by the start switch.

(b) A press is operated by 2 hand anti-repeat trips.

(2) If the single-stroke mechanism is dependent upon spring action, the spring shall be of the compression type, operating on a rod or guided within a hole or tube, and designed to prevent interleaving of the spring coils in event of breakage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12432 Foot pedals {#sec-r-408.12432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12432}

Rule 2432. (1) The pedal mechanism shall be protected to prevent unintended operation from falling or moving objects, or by accidental stepping onto the pedal.

(2) A pad with a nonslip contact area shall be firmly attached to the pedal.

(3) The pedal return spring shall be of the compression type, operating on a rod or guided within a hole or tube, or designed to prevent interleaving of spring coils in event of breakage.

(4) If pedal counterweights are provided, the path of the travel of the weight shall be enclosed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12433 Hand-operated levers {#sec-r-408.12433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12433}

Rule 2433. (1) Hand-lever-operated presses shall be equipped with a spring latch on the operating lever to prevent premature or accidental tripping.

(2) The operating levers on hand-tripped presses having more than 1 operating station shall be interlocked to prevent the tripping of the press except by the concurrent use of all levers.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12434 Two-hand trips {#sec-r-408.12434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12434}

Rule 2434. (1) A 2-hand trip shall have the individual operator's hand controls protected against unintentional operation, and shall have the individual operator's hand controls arranged by design and construction, separation, or both, to require the use of both hands to trip the press and use a control arrangement requiring concurrent operation of the individual operator's hand controls.

(2) Two-hand trip systems on full revolution clutch machines shall incorporate an anti-repeat feature.

(3) If 2-hand trip systems are used on multiple operator presses, each operator shall have a separate set of controls.

CONSTRUCTION--PART REVOLUTION CLUTCH PRESSES

History

• History: 1979 AC.

Mich. Admin. Code R 408.12441 Removal of engaging force {#sec-r-408.12441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12441}

Rule 2441. The clutch shall release and the brake shall be applied when the external clutch engaging means is removed, deactivated, or deenergized.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12442 Stop control {#sec-r-408.12442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12442}

Rule 2442. (1) A red color stop control shall be provided with the clutch/brake control system and shall be located within the reach of the operator at the normal control station.

(2) Momentary operation of the stop control shall immediately initiate deactivation of the clutch and apply the brake.

(3) The stop control shall override any other control, and re-actuation of the clutch shall require use of the operating (tripping) means which has been selected.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12443 Stroking selector {#sec-r-408.12443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12443}

Rule 2443. Means of selecting "off," "inch," and all other modes that the press operates under shall be supplied with the clutch/brake control to select the type of operation of the press.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.12444 Inch control {#sec-r-408.12444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12444}

Rule 2444. The "inch" operating means shall be designed to prevent exposure of the worker's hands within the point of operation by either of the following:

(a) Requiring the concurrent use of both hands to actuate the clutch.

(b) Being a single control protected against accidental actuation and so located that the worker cannot reach into the point of operation while operating the single control.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12445 Two-hand controls {#sec-r-408.12445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12445}

Rule 2445. Two-hand controls for single stroke shall conform to the following requirements:

(a) Each hand control shall be protected against unintended operation and arranged by design and construction, separation, or both, so that the concurrent use of both hands is required to trip the press.

(b) The control system shall be designed to permit an adjustment which will require concurrent pressure from both hands during a substantial part of the die-closing portion of the stroke.

(c) The control system shall incorporate an anti-repeat feature.

(d) Two-hand controls for single stroke operation, manufactured, and installed on or after August 31, 1971, shall be designed to require release of all operator's hand controls before a second stroke can be initiated.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12446 Multiple operating stations {#sec-r-408.12446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12446}

Rule 2446. (1) Controls for more than 1 operating station shall be designed to be activated and deactivated in complete sets of 2 hand controls per operating station by means capable of being supervised by the employer.

(2) The clutch/brake control system shall be designed and constructed to prevent actuation of the clutch if all operating stations are bypassed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12447 Continuous functions {#sec-r-408.12447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12447}

Rule 2447. Those clutch/brake control systems which contain both single and continuous functions shall be designed so that completion of continuous circuits may be supervised by the employer. The initiation of continuous run shall require a prior action or decision by the operator, in addition to the selection of continuous on the stroking selector, before actuation of the operating means results in continuous stroking.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12448 Foot controls {#sec-r-408.12448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12448}

Rule 2448. (1) If foot control is provided, the selection method between hand and foot control shall be separated from the stroking selector, and shall be designed so that the selection may be supervised by the employer.

(2) Foot-operated tripping controls, if used, shall be protected so as to prevent operation from falling or moving objects, or from unintended operation by accidental stepping onto the foot control.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12449 Clutch/brake air valve failure {#sec-r-408.12449 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12449}

Rule 2449. Air-clutch controls shall be designed to prevent a significant increase in the normal stopping time due to a failure within the operating valve mechanism, and to inhibit further operation if such failure does occur. This requirement shall apply only to those clutch/brake air-valve controls manufactured and installed on or after August 31, 1971, but shall not apply to presses intended only for continuous, automatic feeding applications.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12450 Drive motor interlock {#sec-r-408.12450 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12450}

Rule 2450. The clutch/brake control shall incorporate an automatic means to prevent initiation or continued activation of the single stroke or continuous functions unless the press drive motor is energized and in the forward direction.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12451 Engaging means failure {#sec-r-408.12451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12451}

Rule 2451. The clutch/brake control shall automatically deactivate in event of failure of the electrical power or pressure supply for the clutch engaging means. Re-activation of the clutch shall require restoration of the electrical power or pressure supply and the use of the tripping mechanism.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12452 Counterbalance air supply failure {#sec-r-408.12452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12452}

Rule 2452. The clutch/brake control shall automatically deactivate in event of failure of the counterbalance air supply. Reactivation of the clutch shall require restoration of normal air supply and use of the tripping mechanism.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12453 Turnover bar operation selection {#sec-r-408.12453 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12453}

Rule 2453. Selection of turnover bar operation shall be by means capable of being supervised by the employer. A separate pushbutton shall be employed to activate the clutch, and the clutch shall be activated only if the driver motor is deenergized.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12454 Accidental grounding {#sec-r-408.12454 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12454}

Rule 2454. All clutch/brake control electrical circuits shall be protected against the possibility of an accidental ground in the control circuit causing false operation of the press.

SAFEGUARDING THE POINT OF OPERATION

History

• History: 1979 AC.

Mich. Admin. Code R 408.12461 General requirements {#sec-r-408.12461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12461}

Rule 2461.(1) An employer shall provide and ensure the usage of point of operation guards or properly applied and adjusted point of operation devices on every production operation performed on a press. Point of operation guards shall conform to the provisions of table 1 and figure 1, except when the point of operation opening is less than 1/4 of an inch.

(2) Where an operator feeds or removes parts by placing 1 or both hands in the point of operation and where a 2-hand control, presence-sensing device, type-B gate, or movable barrier, on a part revolution clutch, is used for safeguarding, both of the following provisions shall be complied with:

(a) An employer shall use a control system and a brake monitor which comply with the provisions of R 408.12422(2) and R 408.12429. This requirement shall be complied with by November 1, 1975.

(b) Air clutch controls shall be designed to prevent a significant increase in the normal stopping time due to a failure within the operating valve mechanism and to inhibit further operation if such failure does occur, where a part revolution clutch is employed.

(3) The August 31, 1971 exceptions in the provisions of R 408.12445 and R 408.12449 do not apply to the requirements of this rule.

(4) Running production with the press on inch mode is not an acceptable form of operator protection. A guard or device as prescribed in R 408.12463 is required.

(5) Table 1 reads as follows:

TABLE 1

Distance of opening from point of operation hazard (inches)

Maximum width of opening (inches) 1/2 to 1 1/2 1/4 1 1/2 to 2 1/2 3/8 2 1/2 to 3 1/2 1/2 3 1/2 to 5 1/2 5/8 5 1/2 to 6 1/2 3/4 6 1/2 to 7 1/2 7/8 7 1/2 to 12 1/2 1 1/4 12 1/2 to 15 1/2 1 1/2 15 1/2 to 17 1/2 1 7/8 17 1/2 to 31 1/2 2 1/8 This table shows the distances that guards shall be positioned from the danger line in accordance with the required openings.

(6) Figure 1 reads as follows:

SAFE OPENINGS DIAGRAM

EXPLANATION OF ABOVE DIAGRAM:

This diagram shows the accepted safe openings between the bottom edge of a guard and feed table at various distances from the danger line (point of operation).

The clearance line marks the distance required to prevent contact between guard and moving parts.

The minimum guarding line is the distance between the infeed side of the guard and the danger line which is one-half inch from the danger line.

The various openings are such that for average size hands an operator's fingers won't reach the point of operation.

After installation of point of operation guards and before a job is released for operation a check should be made to verify that the guard will prevent the operator's hands from reaching the point of operation.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12462 Point of operation guards {#sec-r-408.12462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12462}

Rule 2462. (1) A point of operation guard shall meet the following design, construction, application, and adjustment requirements:

(a) It shall prevent entry of hands or fingers into the point of operation by reaching through, over, under, or around the guard.

(b) It shall conform to the maximum permissible openings of table 1 and figure 1, except that a barrier guard may have feed holes for the stock, which shall be of such size and distance from the die as to prevent entry of a hand or finger of each operator into the point of operation or nip point.

(c) It shall, in itself, create no pinch point between the guard and moving machine parts.

(d) It shall utilize fasteners not readily removable by the operator so as to minimize the possibility of misuse or removal of essential parts.

(e) It shall facilitate its inspection.

(f) It shall offer maximum visibility of the point of operation consistent with the other requirements.

(2) A die enclosure guard shall be attached to the die shoe or stripper in a fixed position.

(3) A fixed barrier guard shall be attached securely to the frame of the press or to the bolster plate.

(4) An interlocked press barrier guard shall be attached to the press frame or bolster, and shall be interlocked with the press clutch control so that the clutch cannot be activated unless the guard itself, or the hinged or movable sections of the guard, are in position to conform to the requirements of table 1 and figure 1.

(5) The hinged or movable sections of an interlocked press barrier guard shall not be used for manual feeding. The guard shall prevent opening of the interlocked section and reaching into the point of operation prior to die closure or prior to the cessation of slide motion. See R 408.12463(2) regarding manual feeding through interlocked press barrier devices.

(6) The adjustable barrier guard shall be securely attached to the press bed, bolster plate, or die shoe, and shall be adjusted and operated in conformity with table 1 and figure 1 and the requirements of this rule.

Adjustments shall be verified before the press is returned to production operations by authorized personnel whose qualifications include a knowledge of the provisions of table 1 and figure 1 and the requirements of this rule.

(7) A point of operation enclosure which does not meet the requirements of this rule and table 1 and figure 1 shall be used only in conjunction with point of operation devices.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12463 Point of operation devices {#sec-r-408.12463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12463}

Rule 2463. (1) Point of operation devices shall protect the operator by 1 of the following methods:

(a) Preventing or stopping, or both, the normal stroking of a press if the operator's hands are inadvertently placed in the point of operation.

(b) Withdrawing an operator's hands if they are inadvertently located in the point of operation as the dies close or preventing the operator from inadvertently reaching into the point of operation as the dies close.

(c) Preventing the operator from inadvertently reaching into the point of operation at all times.

(d) Requiring the application of both of the operator's hands to the machine's operating controls and locating the controls at a distance from the point of operation that will permit the slide to complete the downward travel or stop before the operator can reach into the point of operation with his or her hands.

(e) Enclosing the point of operation before a press stroke can be initiated and maintaining this closed condition until the motion of the slide ceases.

(f) Enclosing the point of operation before a press stroke can be initiated so as to prevent an operator from reaching into the point of operation before die closure or before cessation of slide motion during the downward stroke.

(2) A gate or movable barrier device shall protect the operator according to the following:

(a) A type-A gate or movable barrier device shall protect the operator as prescribed in subrule (1)(e) of this rule.

(b) A type-B gate or movable barrier device shall protect the operator as prescribed in subrule (1)(f) of this rule.

(3) The presence-sensing point of operation device shall protect the operator as provided in subrule (1)(a) of this rule and shall be interlocked into the control circuit to prevent or stop slide motion if the operator's hand or other body part is within the sensing field of the device during the down-stroke of the press slide. All of the following provisions apply to a presence-sensing point of operation device:

(a) The device shall not be used on machines that use full-revolution clutches.

(b) The device shall not be used as a tripping means to initiate slide motion.

(c) The device shall be constructed so that a failure within the system does not prevent the normal stopping action from being applied to the press when required, but does prevent the initiation of a successive stroke until the failure is corrected. The failure shall be indicated by the system.

(d) Bypassing the protection function of a presence-sensing device during the upstroke of the press slide is permitted for the purpose of parts ejection, circuit checking, and feeding.

(e) The safety distance (Ds) from the sensing field to the point of operation shall be greater than the distance that is determined by the following formula:

D(s) = 63 inches/second X T(s) where:

D(s) = minimum safety distance (inches); 63 inches/second = hand speed constant; and T(s) = stopping time of the press measured at approximately 90 deg. position of crankshaft rotation (seconds).

(f) Guards shall be used to protect all areas of entry to the point of operation that are not protected by the presence-sensing device.

(4) The pull-out device shall protect the operator as prescribed in subrule (1)(b) of this rule and shall include attachments for each of the operator's hands. All of the following provisions apply to a pull-out device:

(a) Attachments shall be connected to, and operated only by, the press slide or upper die.

(b) Attachments shall be adjusted to prevent the operator from reaching into the point of operation or to withdraw the operator's hands from the point of operation or other pinch points before the dies close.

(c) A separate pull-out device or other safeguarding device that is in compliance with the provisions of this standard shall be provided for each operator if more than 1 operator is used on a press.

(d) Each pull-out device in use shall be visually inspected and checked for proper adjustment at the start of each operator's shift, after a new die setup, or when operators are changed. Necessary maintenance or repair, or both, shall be performed and completed before the press is returned to production. The employer shall maintain records of these inspections and the maintenance work performed.

(e) Bolts, locator pins, or any other projections shall not be located in a manner that would catch the pullback cable or wristlet and hold an operator's hand in a pinch point or the point of operation.

(5) A sweep device shall not be used for point of operation safeguarding on a mechanical power press.

(6) A holdout or a restraint device shall protect the operator as prescribed in subrule (1)(c) of this rule and shall include attachments for each of the operator's hands. These attachments shall be securely anchored and adjusted so that the operator is restrained from reaching into the point of operation. A separate set of restraints or other safeguarding device that is in compliance with the provisions of this standard shall be provided for each operator if more than 1 operator is required on a press.

(7) The 2-hand control device shall protect the operator as prescribed in subrule (1)(d) of this rule. All of the following provisions apply to a 2-hand control device:

(a) When used in press operations requiring more than 1 operator, separate 2-hand controls shall be provided for each operator and shall be designed to require concurrent applications of all operator's controls to activate the slide. The removal of a hand from any control button shall cause the slide to stop.

(b) Each 2-hand control that is used as a point of operation device shall be operated in the single-stroke mode only.

(c) When hand-in-die loading or unloading is used, the safety distance (Ds) between each 2-hand control device and the point of operation shall be greater than the distance determined by the formula prescribed in subrule (3)(e) of this rule.

(d) The position of the 2-hand controls shall be established and fixed in accordance with the provisions of subrule (1)(d) of this rule or subdivision (c) of this subrule, whichever shall apply. Only the supervisor or safety engineer may authorize relocating the controls.

(8) The 2-hand trip device shall protect the operator as prescribed in subrule (1)(d) of this rule. The device shall conform as follows:

(a) When used in press operations that require more than 1 operator, separate 2-hand trips shall be provided for each operator and shall be designed to require concurrent application of all operator's controls to activate the slide.

(b) Each 2-hand trip shall meet the construction requirements of R 408.12434.

(c) The safety distance (D(m)) between the 2-hand trip and the point of operation shall be greater than the distance determined by the following formula:

D(m) = 63 inches/second X T(m); where:

D(m) = minimum safety distance (inches); 63 inches/second=hand speed constant;

And T(m) = the maximum time the press takes for the die closure after it has been tripped (seconds). For full revolution clutch presses with only one engaging point T(m) is equal to the time necessary for one and one-half revolutions of the crankshaft. For full revolution clutch presses with more than one engaging point, T(m) shall be calculated as follows:

T(m) = [1/2 + (1 divided by number of engaging points per revolution)]

X time necessary to complete one revolution of the crankshaft (seconds).

(d) Two-hand trips shall be established and fixed and only a supervisor or safety engineer may authorize their relocation.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2016 AACS.

Mich. Admin. Code R 408.12464 Hand feeding tools {#sec-r-408.12464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12464}

Rule 2464. Hand feeding tools are intended for placing materials in, and removing materials from, the press. Hand feeding tools are not a point of operation guard or protection device, and shall not be used in lieu of the "guards" or devices required in this standard.

DIE DESIGN, CONSTRUCTION, SETTING, AND FEEDING

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12471 Dies; employer duties generally {#sec-r-408.12471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12471}

Rule 2471. An employer shall do all of the following:

(a) Use dies and operating methods designed to control or eliminate hazards to operating personnel.

(b) Furnish, and enforce the use of, a hand tool for freeing and removing stuck work or scrap pieces from the die so that an employee need not reach into the point of operation for such purposes.

(c) Guard feed points, shuttle mechanisms, or other pinch points in accordance with General Industry Safety Standard Part 1 “General Provisions,” as referenced in R 408.12402.

History

• History: 1979 AC; 1990 AACS; 2016 AACS.

Mich. Admin. Code R 408.12472 Scrap handling {#sec-r-408.12472 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12472}

Rule 2472. An employer shall provide means for handling scrap from roll feed random length stock operations. Scrap cutters used in conjunction with scrap handling systems shall be safeguarded as prescribed in the provisions of R 408.12461 to R 408.12471, this rule, and R 408.12473.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.12473 Guide post hazards {#sec-r-408.12473 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12473}

Rule 2473. The hazard created by a guide post or heel block located in the immediate vicinity of the operator when separated from its bushing by more than 1/4 inch shall be considered as a point of operation hazard and be protected as prescribed in the provisions R 408.12461 to R 408.12463.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.12474 Unitized tooling {#sec-r-408.12474 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12474}

Rule 2474. If unitized tooling is used, the opening between the top of the punch holder and the face of the slide or striking pad shall be safeguarded as prescribed in the provisions of R 408.12421 to R 408.12464.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.12475 Tonnage, stroke, and weight requirements {#sec-r-408.12475 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12475}

Rule 2475. All dies shall be according to the following:

(a) Stamped with the tonnage and stroke requirements, or the requirements may be recorded if the records are readily available to the die setter.

(b) Stamped to indicate upper die weight when necessary for air counterbalance pressure adjustment.

(c) Stamped to indicate complete die weight when handling equipment may become overloaded.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.12476 Die fastening {#sec-r-408.12476 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12476}

Rule 2476. Provisions shall be made in both the upper and lower shoes for securely mounting the die to the bolster and slide. Where clamp caps or setscrews are used in conjunction with punch stems, additional means of securing the upper shoe to the slide shall be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12477 Die setting {#sec-r-408.12477 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12477}

Rule 2477. (1) An employer shall establish a die setting procedure that will insure compliance with the provisions of R 408.12461 to R 408.12463.

(2) An employer shall provide spring-loaded turnover bars for presses designed to accept such turnover bars.

(3) An employer shall provide die stops or other means to prevent losing control of the die while setting or removing dies in presses which are inclined.

(4) An employer shall provide and enforce the use of safety blocks for use when dies are being adjusted or repaired in the press. Means shall be provided to prevent cycling a press with the safety block in place between the upper and lower dies or between the bolster plate and slide face.

(5) An employer shall provide brushes, swabs, lubricating rolls, and automatic or manual pressure guns so that operators and die setters shall not be required to reach into the point of operation or other hazard areas to lubricate material, punches, or dies.

(6) Handling equipment attach points shall be provided on all dies that require mechanical handling.

History

• History: 1979 AC; 1990 AACS.

R 408.12501 to R 408.12510 Part 25. Manlifts

Mich. Admin. Code R 408.12501 Adoption of federal standard {#sec-r-408.12501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 25. MANLIFTS

Rule 2501. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 C.F.R. §1910.68, “Manlifts,” as amended November 18, 2016, is adopted by reference in these rules.

(2) The availability information for the OSHA standard adopted in these rules is in R 408.41205 and MIOSHA standards referenced in these rules is in R 408.12510.

(3) A reference to 29 C.F.R. §1910, Subpart D “Walking-Working Surfaces,” means General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces.”

(4) A reference to ANSI standard A90.1 “Manlifts,” 1969 edition, means this standard.

(5) A reference to either of the following means General Industry Safety Standard Part 7 “Guards for Power Transmission:”

(a) ANSI standard B15.1 “Safety Code for Mechanical Power Transmission Apparatus,” 1958 edition.

(b) 29 C.F.R. §1910, Subpart O, “Machinery and Machine Guarding.”

(6) A reference to 29 C.F.R. §1910, Subpart S, “Electrical,” means both of the following:

(a) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems.”

(b) General Industry Safety Standard Part 40 “Safety-Related Work Practices.”

(7) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094.

Editor's Note: An obvious error in R 408.12501 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2018. The memorandum requesting the correction was published in Michigan Register, 2019 MR 9.

History

• History: 1982 AACS; 1997 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.12505 Availability of OSHA adopted standard {#sec-r-408.12505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12505}

Rule 2505. (1) The standard adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.12510 Availability of MIOSHA referenced standards {#sec-r-408.12510 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12510}

Rule 2510. The following Michigan Occupational Safety and Health Administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.10701 to R 408.10765.

(c) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13905.

(d) General Industry Safety Standard Part 40 “Safety-Related Work Practices,”

R 408.14001 to R 408.14009.

History

• History: 2016 AACS; 2018 AACS.

R 408.12601 to R 408.12650 Part 26. Metalworking Machinery

Mich. Admin. Code R 408.12601 Scope {#sec-r-408.12601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 26. METALWORKING MACHINERY

Rule 2601. This part sets forth rules, not covered in other standards, for the safety of employees in all places of employment where a hazard may exist in the use of metalworking machinery. Press brakes and handheld portable powered tools are not included in this part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12602 Applicability {#sec-r-408.12602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12602}

Rule 2602. (1) A metalworking machine with the point of operation inaccessible or remote from the operator and other assigned employees shall not be required to have guarding for the point of operation.

(2) The general rules of this part shall apply to all metalworking machinery.

(3) The specific rules shall apply only to those metalworking machines specified.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12603 Definitions; A to C {#sec-r-408.12603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12603}

Rule 2603. (1) "Aisle" means a designated path of travel for vehicles and employees.

(2) "Alligator shear" means a machine having a powered blade and a fixed blade which creates a shearing action when the moving blade meets the fixed blade.

(3) "Awareness device" means a device that will warn the operator that he is approaching the point of operation.

(4) "Barrier" means protection for an operator from a hazard point on machinery and equipment.

(5) "Boring machine" means a machine with a boring tool which, when brought into contact with metal by force, increases the size of a hole.

(6) "Circular metal saw" means a machine with a support for the material and with a circular blade which is used for cutting metal.

(7) "Cold header" means a machine consisting of a set of dies that, when closed by a ram with a hammer action, forms headed parts such as bolts or rivets from rod stock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12604 Definitions; F to L {#sec-r-408.12604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12604}

Rule 2604. (1) "Fixed barrier" means a type of guard, attached by fasteners that cannot be readily removed, that keeps the operator from the point of operation.

(2) "Interlocked barrier" means a type of guard with a control interlocked with a machine circuit that will stop the machine if the barrier is removed or opened.

(3) "Lockout" means to secure by use of a lock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12605 Definitions; M, O {#sec-r-408.12605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12605}

Rule 2605. (1) "Metal band saw" means a machine that is equipped with 2 wheels on which a continuous blade is used for metal cutting purposes.

(2) "Metal embossing machine" means a machine that imparts a design to a piece of metal by pressure.

(3) "Metalworking machinery" means a machine which removes, forms, works, or shapes metal or which is used to assemble parts.

(4) "Milling machine" means a machine with a multiedged revolving cutter which, when brought into contact with metal, makes a desired cut.

(5) "Multislide" means a machine which has dies attached to ends of multiple slides and which, when actuated, brings the dies together to pierce, form, or bend coil stock into a desired shape.

(6) "Operator" means an employee who controls the machine or operation.

(7) "Operator's position" means that location where an operator controls a machine or operation.

(8) "Other assigned employees" means those employees who service or attend a machine or operation.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12606 Definitions; P {#sec-r-408.12606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12606}

Rule 2606. (1) "Pay off," sometimes called a top hat, means an uncoiling device upon which the undrawn coil of wire rests.

(2) "Pinch point" means a point where it is possible to be caught between the moving parts of a machine and the material in process or between moving and stationary parts of a machine.

(3) "Planer" means a machine with a cutting tool held stationary while the work is moved back and forth underneath it to reduce 1 of its dimensions.

(4) "Point of operation" means that point at which cutting, shaping, working, assembly or forming is accomplished upon the stock.

(5) "Point of operation device" means a control or attachment which:

(a) Restrains the operator from inadvertently reaching into the point of operation.

(b) Prevents normal machine operation if the operator's hands are inadvertently within the point of operation.

(c) Automatically withdraws the operator's hands if they are within the point of operation as the machine cycles.

(6) "Powered bender" means a machine consisting of dies or fixtures located between a moving and a fixed machine part. When metal is placed between the parts, the moving part is pressed against the fixed part, bending the metal to a desired shape.

(7) "Powered feed rolls" means parallel rolls that run inward to move material into the point of operation of a machine.

(8) "Presence sensing device" means a device designed, constructed and arranged to create a sensing field or area and to deactivate the point of operation when an operator's hand or other body part is within such field or area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12607 Definitions; R, S {#sec-r-408.12607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12607}

Rule 2607. (1) "Remote" means that an operator or other assigned employee who is operating or attending a machine cannot, because of distance or location, place any part of his or her body within the point of operation when a hazard exists.

(2) "Riveter" means a machine that consists of a ram with a tool attached so that, when pressed against a fixed part with a rivet or other fastener in between, it will cause pieces of material to be joined together.

(3) "Roll form machine" means a machine with in-running rolls so arranged to form a desired shape of metal when the metal is fed through the rolls.

(4) "Safety factor" means the ratio of the breaking strength of a piece of material or an object to the maximum designed load or stress applied when in use.

(5) "Slitter" means a machine which has circular knives mounted on powered shafts with the cutting faces adjacent to each other in a manner that shears metal when it is fed through the knives.

(6) "Squaring shear" means a machine that has a table which utilizes a driven ram with a blade for shearing action. The ram moves a nonrotary blade at a constant rate past the edge of a fixed blade at the table and cuts metal.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12608 Definitions; T to W {#sec-r-408.12608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12608}

Rule 2608. (1) "Tumbling mill" means a machine with a powered revolving container which is used to dry, smooth or polish metal parts.

(2) "Wire drawing machine" means a machine that draws or pulls metal wire or rod through a predetermined size of die to reduce its diameter.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12611 Employer responsibility {#sec-r-408.12611 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12611}

Rule 2611. An employer shall:

(a) Provide training to each employee as to the potential hazards and safe operation of the assigned job.

(b) Maintain metalworking machinery, in conformance with this part.

(c) Establish and maintain a lockout procedure as prescribed in subrule (1) of R 408.12618.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12612 Employee responsibility {#sec-r-408.12612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12612}

Rule 2612. An employee shall:

(a) Not use machinery and equipment unless authorized and trained in its use.

(b) Report defective machinery and equipment and hazardous conditions, when detected, to his supervisor.

(c) Not remove guards from machinery and equipment except when necessary for servicing. The guard shall be replaced before returning the machinery or equipment to normal operation.

(d) Not wear loose clothing and neckwear encircling the neck or exposed jewelry, such as rings and necklaces, near a machine having reciprocating or rotating shafts or spindles.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12613 Rescinded {#sec-r-408.12613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12613}

History

• History: 1979 AC; 1983 AACS; 1997 AACS.

Mich. Admin. Code R 408.12614 Rescinded {#sec-r-408.12614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12614}

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12615 Aisles, floors, and platforms {#sec-r-408.12615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12615}

Rule 2615. (1) The outline of a designated aisle shall be marked or otherwise indicated.

(2) A designated aisle shall be not less than 4 feet wide and access shall be maintained from a work station to an aisle.

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.12616 Machine and equipment installation {#sec-r-408.12616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12616}

Rule 2616. (1) A metalworking machine or equipment must be installed so that the normal operator's position is not in an aisle, or the employee shall be protected by a guardrail system in compliance with General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

(2) Metalworking machines and equipment, except portable types, must be fastened to a floor, platform or bench to prevent tipping or inadvertent movement, or be equipped with nonslip pads.

(3) Electrically powered metalworking machines and equipment must be grounded.

(4) Provision must be made to prevent metalworking machines and equipment from automatically restarting upon restoration of power after a power interruption, if such restart would be hazardous.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.12617 Controls {#sec-r-408.12617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12617}

Rule 2617. (1) When a presence-sensing device is used as a safety device, the control shall incorporate a fail-safe feature.

(2) Machine start controls shall be designed and installed or guarded to prevent unintentional activation by contact with objects or a part of the body.

(3) A machine shall be provided with a stop device within reach of the operator's designated position.

History

• History: 1979 AC; 1991 AACS; 1997 AACS.

Mich. Admin. Code R 408.12618 Maintenance and lubrication {#sec-r-408.12618 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12618}

Rule 2618. (1) A power source of any metalworking machine or equipment to be repaired or serviced shall be locked out and, where required, residual pressure relieved by each employee doing such work if unexpected motion would cause injury, except where power is essential for testing and set up.

(2) Lubrication shall be accomplished by 1 of the following:

(a) Manually, when the machine can be shut off and locked out.

(b) Automatic pressure or gravity feed system.

(c) Extension pipe leading to an area outside of guards or away from any hazard.

(d) A means which would provide equal or greater protection to the employee than (a), (b) or (c).

(3) In any case, rule 732 of the occupational safety standards commission standard, Part 7. Guards for Power Transmission, being R 408.10732 of the Michigan Administrative Code, shall be followed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12619 Hydraulic and pneumatic systems {#sec-r-408.12619 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12619}

Rule 2619. (1) A hydraulic or pneumatic system shall be designed and constructed to have a safety factor of not less than 4.

(2) Hydraulic or pneumatic flexible lines shall be protected from chaffing.

(3) When hydraulic, air or steam lines are bled, equipment supported by these systems shall be physically blocked or otherwise secured by means other than components in the circuit, to provide for the safety of employees working on or about the equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12620 Chip guards; protection from coolant splash {#sec-r-408.12620 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12620}

Rule 2620. (1) Chips which create a hazard shall be controlled by a chip guard that is located between the point of operation and any employee within range.

(2) If a machine uses a coolant, an employee shall be protected from coolant splash.

(3) Chips, dust, or sludge shall be removed by brush, tools, or mechanical means. Where air pressure is used, the discharge of a hand-held nozzle shall be less than 30 pounds per square inch under a static flow condition.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12622 Electric magnets and vacuum chucks {#sec-r-408.12622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12622}

Rule 2622. (1) A grinding machine with a rotating table and equipped with a magnetic or vacuum chuck to hold the stock shall be interlocked to prevent contact between the stock and tool, unless the stock is secured to the table or chuck and the employee is protected by a guard capable of retaining flying stock within the machine.

(2) A grinding machine with a reciprocating table and equipped with a magnetic or vacuum chuck to hold the stock shall have an end guard to protect an employee from flying stock or tools, or the machine shall meet the following conditions:

(a) The machine shall be located so that, in case of chuck or magnet failure, any flying material or object will carry into a solid wall.

(b) The wall shall be covered with an energy absorptive material capable of absorbing the shock and preventing the ricocheting of flying materials.

Plasterboard shall not be used where coolant is used in the operation.

(c) The machine shall be positioned so as not to allow room for an employee to pass between the machine and the wall.

SPECIFIC EQUIPMENT

History

• History: 1979 AC.

Mich. Admin. Code R 408.12631 Squaring shear {#sec-r-408.12631 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12631}

Rule 2631. (1) An employer shall ensure that a squaring shear, mechanical or manual, shall have 1 of the following:

(a) The blade and hold-down clamp guarded by a fixed barrier set in accordance with Figure 1.

(b) Automatic clamps set within 1/4 inch of the table or stock with the cutouts filled in so that the fingers of the operator cannot enter the pinch point.

(c) A self-adjusting barrier with a limit of not more than 1/4 inch above the table or material.

(2) Where small stock is being sheared, a pusher stick must be provided and used.

(3) An employee tending the backside of a squaring shear shall be separated from the moving parts by a table, rack or chute, such as the back gauge, shear blade or work piece on which the sheared stock shall fall before being handled, or the point of operation must be guarded as prescribed in subdivision (a) of subrule (1). The table, rack or chute must maintain the employee's position not less than 3 feet from the point of operation or a hazardous moving part.

(4) An automatically fed squaring shear must be guarded by a barrier so located to prevent access to the point of operation. The guard may be swung aside for hand feeding, providing the control is on inch setting.

FIGURE 1

Fig. 1 shows the accepted safe openings between the bottom edge of a guard and feed table at various distances from the danger line (point of operation).

The clearance line marks the distance required to prevent contact between the guard and moving parts.

The minimum guarding line is the distance between the infeed side of the guard and the danger line that is 1/2 inch from the danger line.

The various openings are such that for average size hands, an operator’s fingers will not reach the point of operation.

After installation of point of operation guards and before a job is released for operation, a check must be made to verify that the guard will prevent the operator’s hands from reaching the point of operation.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.12632 Circular metal saws {#sec-r-408.12632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12632}

Rule 2632. (1) A circular metal saw shall meet all of the following:

(a) Have a guard made of material not less than 1/8 inch thick and capable of protecting the operator from broken teeth of the blade and chips. The guard shall enclose not less than the upper half of the blade, including the arbor and nut, and be positioned to stop sparks and chips from striking the operator.

(b) Have a water tank below the table or an enclosure to trap sparks and chips.

(c) Have a braking means capable of stopping the saw within 20 seconds, or the operator shall stand by until the blade stops.

(2) A circular metal saw wheel or blade shall be operated at not more than its rated speed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12633 Bar stock and rod machines; screw machines; tread machines {#sec-r-408.12633 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12633}

Rule 2633. A bar stock and rod machine, screw machine or thread machine must have the bar stock that extends beyond the machine guarded by a trough or tube or guarded by a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

History

• History: 1979 AC; 1991 AACS; 2019 AACS.

Mich. Admin. Code R 408.12634 Planers {#sec-r-408.12634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12634}

Rule 2634. (1) A planer shall have the openings in the bed under the table covered, and have a barrier protecting an employee if the table or material travels within 18 inches of a fixed object, such as a wall or post.

(2) An employee shall not ride the table of a planer unless he is protected against falling off the table.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12635 Metal band saws {#sec-r-408.12635 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12635}

Rule 2635. (1) A vertical metal band saw shall be guarded as follows:

(a) The band wheels and all portions of the blade, except as provided by subdivision (b) of this subrule, shall be fully enclosed by solid material or perforated metal which prevents the operator from coming in contact with the blade.

(b) The portion of the blade between the table and the front side of the upper wheel shall have an adjustable blade guard that is maintained within 1/4 inch of the work to be cut or the holder of the material being cut.

(2) A horizontal metal band saw shall be guarded as follows:

(a) The band wheels and the upper portion of the blade shall be fully enclosed by solid material or perforated metal which prevents the operator from coming in contact with the upper portion of the blade.

(b) The guides shall be maintained as close as practical to the stock being cut.

(3) A horizontal metal band saw used in a vertical position shall be guarded as required by the provisions of subrule (1) of this rule.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12636 Metal embossing machines {#sec-r-408.12636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12636}

Rule 2636. (1) A press-type metal embossing machine shall be guarded at the point of operation as prescribed in the general industry safety standards commission standards, Part 23. Hydraulic Power Presses or Part 24. Mechanical Power Presses, being R 408.12301 et seq. and R 408.12401 et seq., respectively, of the Michigan Administrative Code.

(2) A powered roll-type metal embossing machine shall be guarded as prescribed in R 408.12637.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12637 Powered feed rolls {#sec-r-408.12637 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12637}

Rule 2637. Powered feed rolls shall have 1 of the following:

(a) The in-running side of the feed rolls guarded by a barrier, fixed or adjustable, so designed that the material can be fed without permitting the fingers to be caught between the feed rolls or feed rolls and guard.

(b) An emergency stop device which can be activated by the body to stop the feed rolls. When an emergency stop device has been actuated, it shall be required that the machine be restarted manually.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12638 Wire drawing machines {#sec-r-408.12638 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12638}

Rule 2638. (1) An employer shall ensure that a wire drawing machine has 1 of the following:

(a) An emergency stop device adjacent to the block available to shut down the machine.

(b) An emergency stop device, such as a bar, rope or cable, along the operating side of a continuous drawing frame or unit so designed that the device will stop the machine at any point along the unit. When an emergency stop device has been actuated, the machine must be restarted manually.

(2) The live block, capstan and straightening rolls of a wire drawing machine must be enclosed with a barrier guard.

(3) A wire drawing machine must be equipped with a stopping device so arranged to stop the block automatically if the operator can be caught in the wire or the reel drawn to the machine, or the area from and including the payoff to the machine must be enclosed with a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code. The stop device must be as prescribed in subrule (1)(b).

(4) Where straightening rolls are not used, a snarl switch interlocked with the live block or capstan must be provided.

(5) A pinch point less than 8 feet from a floor or platform, created by the moving wire or rod passing over or through the equipment, must be guarded by a barrier if exposed to contact.

(6) All barrier guards or enclosures that can be removed or opened without tools must be interlocked with the live block or capstan.

(7) A pinch pointer used to prepare wire or rod for insertion into a die must be guarded if the opening is more than 1/4 larger than the material being fed into it.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.12639 Boring, honing, reaming, and drilling {#sec-r-408.12639 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12639}

Rule 2639. (1) An employer shall ensure that when boring, honing, reaming, or drilling, all of the following provisions apply:

(a) Except for hand-held honing, the workpiece is secured by a device to prevent it from being turned by the tool.

(b) Manual measuring at the point of operation is done only when the tool or rotating workpiece has stopped.

(c) A vertical metal cutting machine with a rotary table has a rim guard either fixed or portable around the table of a height to cover any pinch point or rotating hazard at the lower side and to a point not less than 2 inches above the workpiece or fixture, whichever is higher. Where the rotating table is at floor level, a removable guardrail system must be installed as prescribed in General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

(d) Multiple-spindle heads, except when used for tapping and those with cam-operated slides, have an emergency return control at each station.

(2) A chuck key that is used on a drill press must be as prescribed in R 408.12648(2).

History

• History: 1979 AC; 1991 AACS; 2019 AACS.

Mich. Admin. Code R 408.12640 Milling {#sec-r-408.12640 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12640}

Rule 2640. When milling, all of the following provisions apply:

(a) Manual adjustments or measurements at the point of operation shall be made only after the tool and workpiece have stopped.

(b) Machine torque shall not be used to loosen nuts.

(c) A chip guard shall be installed between the point of operation and the operator and other employees within range.

(d) The workpiece shall be securely clamped before the table moves in the direction of the cutter or the cutter moves to the workpiece.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12641 Roll-form machines {#sec-r-408.12641 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12641}

Rule 2641. (1) An automatically fed roll-form machine shall have a shield which runs the entire length of the point of operation and which will prevent horizontal access to the rolls or a continuous stop cable shall be provided along the length of the machine. The shield shall be secured to the machine.

(2) A manually fed roll-forming machine shall be guarded as prescribed in R 408.12637.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12642 Powered benders {#sec-r-408.12642 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12642}

Rule 2642. (1) An employer shall ensure that a powered bender has 1 of the following:

(a) A barrier or enclosure guard that is designed to protect the operator from the pinch points when clamping parts in the bender.

(b) A single-stroke hand control device that can be activated with 1 hand holding the workpiece, remote from the pinch points, when clamping parts in the bender, or a single-stroke foot control device where both hands hold the workpiece, remote from the clamping pinch point.

(c) A 2-hand, single-stroke control device.

(2) Where the sweep of the stock intrudes into the aisle or work area of another employee or endangers the operator or other employees, an employer must provide a guardrail system in compliance with General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

History

• History: 1979 AC; 1991 AACS; 2019 AACS.

Mich. Admin. Code R 408.12643 Tumbling mills, barrels and revolving cylinders {#sec-r-408.12643 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12643}

Rule 2643. (1) A tumbling mill, barrel or revolving cylinder shall have an enclosure to a height of 42 inches to protect an employee if there are any moving projections.

(2) The enclosure shall have an interlocked gate or barrier at the machine opening which shall cut the power off when the gate or barrier is removed. An inch control may be used for positioning or emptying when the gate or barrier is removed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12644 Alligator shears {#sec-r-408.12644 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12644}

Rule 2644. An alligator shear shall have the jaws enclosed with a guard which adjusts to the size and shape of the material.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12645 Riveters, braders and stakers {#sec-r-408.12645 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12645}

Rule 2645. (1) A vertical or horizontal ram on a riveter, brader or staker shall be guarded by a barrier, device or enclosure to protect the operator from the point of operation or an awareness device shall be used to warn the operator he is approaching the point of operation. The guard shall extend to within 3/8 inch of the material.

(2) Lodged rivets shall be removed only by a tool.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12646 Powered clamping device {#sec-r-408.12646 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12646}

Rule 2646. An operator of a powered clamping device that is used for holding a workpiece shall be protected by employing 1 of the following methods:

(a) Guarding or adjusting so that the opening between the clamp and workpiece insertion is not more than 1/4 of an inch.

(b) Two-hand controls furnished to, and used by, each operator.

(c) Providing a single control for each operator if the operator is remote from the point of operation or pinch point.

(d) A means which would prevent the clamping device from closing while the employee is in the point of operation or pinch point.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.12647 Slitter {#sec-r-408.12647 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12647}

Rule 2647. A slitter shall have:

(a) The in-running side guarded as specified in R 408.12637.

(b) A device to cut the scrap into short lengths or a rewinder to rewind the scrap for safe handling.

(c) A method to secure the loose end to the coil before removing it from the rewinder.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12648 Lathes {#sec-r-408.12648 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12648}

Rule 2648. (1) A lathe face plate or chuck with projections on the periphery shall not be used unless guarded.

(2) A chuck key for a lathe chuck shall be 1 of the following:

(a) Counterweighted to return it to storage position.

(b) Interlocked to prevent the chuck from being power driven when the key is in the chuck.

(c) Spring loaded to eject it from the chuck.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12649 Cold header {#sec-r-408.12649 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12649}

Rule 2649. (1) The sliding head and the dies of a cold header shall be blocked before starting any service work on the dies.

(2) All points of operation from the straightening rolls to, and including the dies, shall be enclosed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12650 Multislide machines {#sec-r-408.12650 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12650}

Rule 2650. A multislide machine shall have all moving parts guarded by barriers or an enclosure.

History

• History: 1979 AC; 1991 AACS.

R 408.12701 to R 408.12799 Part 27. Woodworking Machinery

Mich. Admin. Code R 408.12701 Scope {#sec-r-408.12701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 27. WOODWORKING MACHINERY

GENERAL PROVISIONS

Rule 2701. This standard establishes standards for the safe installation, operation and maintenance of woodworking machinery and equipment, including the making of veneer. This standard applies to point of operation hazards on woodworking machinery.

R 408.12702. Referenced MIOSHA standards.

Rule 2702. The following Michigan Occupational Safety and Health Administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 7 ‘Guards for Power Transmission,’ R 408.10701 to R 408.10765.

History

• History: 1979 AC; 2018 AACS.
• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.12705 Definitions; A to C {#sec-r-408.12705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12705}

Rule 2705. (1) "Aisle" means a path of travel for vehicles and employees.

(2) "Band saw" means a machine equipped with a lower and an upper wheel on which a continuous blade rides and past which the material is pushed.

(3) "Block" means a short block of wood, provided with a handle similar to that of a plane and a shoulder at the rear end and used for pushing stock over revolving cutters.

(4) "Circular saw" means a machine with a table to support the material and with a circular blade and used for ripping, cross-cutting dadoing and rabbeting.

(5) "Combination or universal machine" means a machine combining several operations, including but not limited to sawing, jointing and drilling.

(6) "Cutter head" means a powered holder for a cutting blade.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12706 Definitions; D to J {#sec-r-408.12706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12706}

Rule 2706. (1) "Drag saw" means a chain saw on which an end of the chain arm is held at a fixed point with the opposite end moving in an arc downward through a log.

(2) "Guillotine veneer cutter" means a machine with a blade which cuts veneer by moving downward through the material, similar to a metal shear.

(3) "Interlocked barrier" means a guard attached to a machine and interlocked so that if the guard is not in place the machine will not start or, if running, the power will be cut off.

(4) "Inverted cut-off, jump saw" or "underslung saw" means a machine similar to a circular saw except the blade moves through stationary material.

(5) "Jointer" means a machine with a revolving cutter head set into an adjustable table over which the material is moved over the cutter head.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12707 Definitions; M to P {#sec-r-408.12707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12707}

Rule 2707. (1) "Molding or sticker machine" means a machine equipped with revolving cutter heads and used to cut irregular contours on straight strips of wood.

(2) "Mortiser" means a boring machine used to cut square or rectangular holes.

(3) "Planer" means a machine with a revolving cutter head set above an adjustable table on which material is passed under the cutter head by powered rollers.

(4) "Point of operation" means the area of a machine where material is actually worked.

(5) "Profile or swing head lathe" means a machine with multiple fixed knives suspended from a carriage over revolving stock which shapes the stock to a predetermined design.

(6) "Push stick" means a narrow strip of wood or other soft material with a notch or sharp point on 1 end which is used to push material through a point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12708 Definitions; R to T {#sec-r-408.12708 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12708}

Rule 2708. (1) "Radial saw" means a machine with a circular blade suspended from a horizontal arm which is pulled through the material.

(2) "Revolving tool lathe" means a lathe where revolving multiple cutters shape cut revolving stock held between 2 points.

(3) "Router" means a machine with a revolving vertical cutter and a motor suspended over a table and used to cut to a predetermined design.

(4) "Run" means the distance from pulley to pulley.

(5) "Swing saw" means a machine suspended above a table and equipped with a circular blade which swings forward from an overhead pivot point.

(6) "Tenoner" means a machine equipped with horizontal and vertical circular blades to cut tenons and perform trimming operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12709 Definitions; V, W {#sec-r-408.12709 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12709}

Rule 2709. (1) "Veneer clipper" means a machine which cuts multiple layers of veneer to predetermined sizes.

(2) "Veneer jointer" means a machine which machines the edges of veneer.

(3) "Veneer rotary lathe" means a machine which peels thin pieces of veneer from a log as it revolves past a blade.

(4) "Veneer slicer" means a machine which cuts thin pieces of veneer from a log by moving a vertical blade against the log.

(5) "Veneer splicer" means a machine which glues veneer along the edges to make a larger piece.

(6) "Walkway" means a path of travel for foot traffic only.

PLANT LAYOUT

History

• History: 1979 AC.

Mich. Admin. Code R 408.12711 Plant layout; machinery {#sec-r-408.12711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12711}

Rule 2711. (1) A machine shall be located to allow space in which to handle material without interference from or to employees or machines. A machine shall not be so placed to require the operator to stand in an aisle unless protection is provided.

(2) A machine shall be secured to a floor, foundation, bench, table or stand of sufficient strength and design to prevent overturning or unintentional movement. This subrule does not apply to portable hand tools.

(3) A machine shall be located so that light of 50 foot-candle power minimum intensity from both natural and artificial light falls on the work. Supplementary illumination at the point of operation shall be provided where necessary.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12712 Plant layout; floors and aisles {#sec-r-408.12712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12712}

Rule 2712. (1) An aisle for powered traffic moving in 1 direction at a time shall be not less than the width of the widest vehicle or load plus 3 feet.

(2) An aisle for powered traffic moving in 2 directions at a time shall be not less than twice the width of the widest vehicle or load plus 3 feet.

(3) Lines shall be painted on the floor, or a similar method may be used to mark an aisle.

(4) This rule applies to an aisle in a new layout after November 15, 1971.

(5) An existing aisle shall comply with this rule by January 1, 1973.

MACHINES AND EQUIPMENT

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12714 Machines and equipment; construction {#sec-r-408.12714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12714}

Rule 2714.(1) The height of the table or working surface of a machine, auxiliary table, and supports shall be designed to provide for safety of the operator. An auxiliary table or supports shall be provided so that large or unwieldy pieces can be handled safely.

(2) The vibration of a machine shall not create a hazard to the operator.

(3) An arbor and mandrel shall have a firm and secure bearing.

(4) The frames and all exposed metal parts of electric woodworking machinery shall be grounded. A portable motor driving an electric tool shall be grounded unless it has approved double insulation.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12715 Rescinded {#sec-r-408.12715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12715}

R 408.12716. Machines and equipment; controls.

Rule 2716. (1) A machine shall have a mechanical or electrical power control to permit the operator to cut off the power from the machine without leaving his or her position at the work station.

(2) A woodworking machine shall not automatically restart upon restoration of power after a power failure. A machine wired to a 110 volt line before November 15, 1971, is excepted from this rule.

(3) Operating controls shall be located within reach of the operator while the operator is at his or her regular work station, making it unnecessary to reach over the cutters. The controls shall be installed to eliminate the danger of accidental activation.

This subrule does not apply to a constant pressure control used only for setup purposes.

History

• History: 1979 AC; 1997 AACS.
• History: 1979 AC; 1997 AACS; 2013 AACS.

Mich. Admin. Code R 408.12717 Machines and equipment; self-feed {#sec-r-408.12717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12717}

Rule 2717. Automatic feeding devices on a machine should be installed where the nature of the work will permit. The feed rolls or other moving parts on a feeder attachment shall be covered or guarded to protect the operator from in-running nip points.

SAWS

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12718 Saws generally {#sec-r-408.12718 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12718}

Rule 2718. (1) A cut-off saw that strokes automatically without the operator's control of each stroke shall have a guard to keep the operator's hands from coming in contact with a blade.

(2) An automatic cut-off saw that strokes continuously without the operator being able to control each stroke shall not be used.

(3) To avoid overspeed caused by mounting a saw larger than intended, lugs shall be cast on saw frame or tables or another means shall be provided to limit the saw blade size that can be mounted.

(4) A circular saw fence shall be firmly secured to the table or table assembly without changing its alignment with the saw. For a saw with a tilting table or tilting arbor, the fence shall remain in alignment with the saw, regardless of the angle of the saw with the table.

(5) To insure exact alignment with the saw for all positions of the gauge, a circular saw gauge shall slide in grooves or tracks which are accurately machined.

(6) A hinged saw table in use shall be firmly secured in position and in true alignment with the saw.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.12719 Saws; speeds {#sec-r-408.12719 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12719}

Rule 2719. (1) The operating speed as designated by the manufacturer shall be etched or otherwise permanently marked on a circular saw blade more than 20 inches in diameter. A saw blade shall not be operated at a higher speed than shown on the blade.

(2) When a marked saw blade is re-tensioned for a different speed, the marking shall be corrected to show the new speed.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12720 Cracked blades {#sec-r-408.12720 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12720}

Rule 2720. A cracked circular saw blade shall not be repaired or used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12721 Saws; circular {#sec-r-408.12721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12721}

Rule 2721. The exposed part of a saw blade either beneath or behind a table shall be covered with an exhaust hood. If an exhaust system is not required, the exposed part shall be covered with a guard arranged to prevent accidental contact with the saw.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12722 Circular saw guards {#sec-r-408.12722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12722}

Rule 2722. (1) A circular saw shall have a hood-type guard covering the blade at all times when not in use.

(2) When in use, the hood type guard shall enclose that part of the blade above the table and that part of the blade above the material by adjusting automatically to the thickness of the material being cut, or it may be a fixed or manually adjusted hood type guard if the hood remains in contact with the material.

(3) A hood type guard shall be made of 14 gauge metal or thicker.

Plastic may be used if it can resist blows and strains incidental to reasonable operation, adjusting and handling and is designed to protect the operator from flying splinters and broken saw teeth.

(4) The guard shall be made of material soft enough so that it will be unlikely to cause tooth breakage.

(5) The hood shall be mounted so that its operation will be positive, reliable and in true alignment with the saw. The mounting shall be of sufficient strength to resist any reasonable side thrust or other force tending to throw it out of line.

(6) Where a hood type guard cannot be used because of unusual shapes or cuts, a jig or fixture providing equal safety of the operator shall be used. On the completion of these operations, the guard shall be replaced immediately.

(7) A push stick shall be used in cutting short or narrow stock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12723 Circular saw spreaders {#sec-r-408.12723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12723}

Rule 2723. A hand fed circular rip saw shall have a spreader to prevent material from squeezing the saw or being thrown back at the operator. The spreader shall be made of steel, or its equivalent, and shall be thinner than the saw kerf and slightly thicker than the saw disk. It shall be at least 1 inch wide at the table to provide adequate stiffness or rigidity to resist any reasonable side thrust or blow tending to bend or throw it out of position. The spreader shall be attached so it will remain in true alignment with the saw even when either the saw or table is tilted. It should be placed so there is not more than 1/2 inch space between the spreader and the back of the saw when the largest saw is mounted in the machine. If a blade smaller than maximum permissible size is used, the spreader shall be moved to within 1/2 inch of the blade. A spreader need not be used in connection with grooving, dadoing or rabbeting. On the completion of such operations, the spreader shall be replaced immediately.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12724 Non-kickback fingers or dogs {#sec-r-408.12724 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12724}

Rule 2724. A hand fed circular rip saw shall have non-kickback fingers or dogs located to oppose the thrust or tendency of the saw to pick up the material or to throw it back at the operator. Non-kickback fingers or dogs shall be designed to provide holding power for all the thicknesses of material being cut.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12725 Multiple arbor saw guards {#sec-r-408.12725 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12725}

Rule 2725. Revolving multiple arbor saws shall be fully guarded in accordance with R 408.12722.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12726 Circular re-saw guards {#sec-r-408.12726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12726}

Rule 2726. (1) A circular re-saw shall be guarded by a hood type guard or shield of metal above the saw. This guard or shield shall comply with R 408.12722.

(2) Each circular re-saw, except self-feed saws with a roller or wheel at back of the saw, shall have a spreader fastened securely behind the saw. The spreader shall be thinner than the saw kerf and slightly thicker than the saw disk.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12727 Self-fed circular saw hoods {#sec-r-408.12727 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12727}

Rule 2727.(1) In addition to guards over blades, as specified in R 408.12722, feed rolls on a self-feed circular saw shall be protected by a hood or guard to prevent the hands of the operator from coming in contact with the in-running rolls at any point. The guard shall be constructed of not less than 14-gauge sheet metal or the equivalent, and the bottom of the guard shall come down to within 3/8-inch of the plane formed by the bottom of working surfaces or the feed rolls. This distance may be increased to 3/4-inch if the lead edge of the hood is extended to not less than 5 1/2-inches in front of the nip point between the front roll and the work.

(2) A self-feed circular rip saw shall have sectional non-kickback fingers along the full width of the feed rolls. They shall be located in front of the saw and arranged to be in continual contact with the wood being fed.

History

• History: 1979 AC; 1981 AACS; 2018 AACS.

Mich. Admin. Code R 408.12728 Swing and sliding cut-off saws {#sec-r-408.12728 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12728}

Rule 2728.(1) Swing and sliding cut-off saws or any other saw mounted above the table, except radial saws, shall have a hood-type guard designed so the upper half of the blade, arbor, and nut will be covered at all times. A hood-type guard or a device shall cover the lower half of the blade. It shall automatically adjust to the thickness of the stock. It shall remain in contact with the stock or table as it moves forward to cut or returns to the back of the table. It shall be constructed of not less than 14 gauge sheet metal or equivalent material and designed to protect the operator from flying splinters and broken saw teeth.

(2) Where the saw is used by employees for production-type repetitive cuts and the upper portion of the blade, including the saw arbor, is completely enclosed, in lieu of the self-adjusting lower blade guard required by subrule (1) of this rule, a swing saw shall be guarded by 1 of the following methods:

(a) A box-type guard as prescribed in Figure 1.

(b) A fixed or adjustable barrier guard which protects the operator from inadvertently coming in contact with the saw teeth of the bottom portion, from the front or sides, of the blade.

(c) A self-adjusting guard as prescribed in Figure 1A or 1B that will prevent employee exposure to the front of the saw blade by dropping onto the work piece before the blade starts the cut and remains in contact with the work piece until the saw is returned to the back of the table.

(3) A swing cut-off saw shall have an effective device to return the saw automatically to the back of the table when released at any point in its travel. The device shall not depend upon any rope, cord, or spring for its proper functioning. A device shall be installed which prevents a rebound of the saw blade. If there is a counterweight, bolts supporting the bar and counterweight shall have cotter pins and the counterweight shall be prevented from dropping by a bolt passing through both the bar and counterweight or a bolt put through the extreme end of the bar, or where the counterweight does not encircle the bar, a safety chain attached to it. If the counterweight is exposed to contact, it shall be enclosed by a guard to the floor area guard that will hold twice the weight of the counterweight.

(4) A swing cut-off saw shall have limit chains or other equally effective devices to prevent the saw from swinging beyond the front or back edges of the table, or beyond a forward position where the gullets of the lowest saw teeth will rise above the table top.

(5) A sliding cut-off saw may have the lower half of the blade guarded as prescribed in Figure 1C in a manner that will restrict employee exposure to the front of the teeth by the guard dropping onto the work piece before the teeth start the cut and remaining in contact with the work piece until the saw is returned to the back of the table or is adjusted to remain within 3/8 inch of the work piece at all times.

(6) Instead of the self-adjusting lower blade guard required by subrule (5) of this rule, the saw may be stroked by use of constant pressure controls located so that the operator cannot reach the saw blade. When the saw blade has been returned to its rearmost position, a lower enclosure or guard shall be provided to restrict inadvertent contact.

(7) Figures 1, 1A, 1B, and 1C read as follows:

FIGURES 1, 1A, 1B, 1C

SWING SAW GUARDING

FIGURE 1

FOR SWING SAW ONLY

A = Must be twice the ‘C’ dimensions, min. 6”

B = 3/8” max.

C = Open, depends on stock thickness D = 3/8” max.

E = 1/4" max. on each side of black FIGURE 1A SWING SAW HOOD FIGURE 1B FIGURE 1C SLIDE CUT OFF SAW GUARDING

History

• History: 1979 AC; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.12729 Inverted swing cut-off; jump saws; underslung saws {#sec-r-408.12729 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12729}

Rule 2729. A hood type guard shall be securely fastened to the table that will cover the blade when running idle. The hood or guard shall extend not less than 2 inches in front of the saw teeth when the blade is in back position. A traveling guard shall move with the blade over the material and cover the exposed part of the blade above the material. The width of the hood shall be limited to provide not more than 1/4 inch clearance on each side of the blade.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12730 Radial saws {#sec-r-408.12730 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12730}

Rule 2730. (1) The upper hood shall completely enclose the upper portion of the blade down to a point that will include the end of the saw arbor. The upper hood shall be constructed of not less than 14 gauge minimum sheet metal or equivalent material that will protect the operator from flying splinters and broken saw teeth and will deflect sawdust away from the operator. The teeth of the lower exposed portion of the blade shall be guarded to the full diameter of the blade by a device that will automatically adjust itself to the thickness of the stock and remain in contact with the stock being cut to give maximum protection possible for the operation being performed.

(2) In place of the requirements in subrule (1) of this rule, which require that the sides of the lower exposed portion of the blade be guarded by a device that will automatically adjust itself to the thickness of the stock being cut to give maximum protection possible for the operation being performed, both of the following apply:

(a) The employer is not required to provide an automatically adjusting guard on that side of the lower exposed portion of the blade where the distance between the stock and the upper hood guard is less than 3/8 of an inch (lower side) for angle, bevel, or compound level cuts.

(b) The employer may provide a specifically designed jig or fixture to protect the lower exposed portion of the blade in all cases where the distance between the stock and the upper hood guard exceed 3/8 of an inch (lower side) for angle, bevel, or compound bevel cuts. This specially designed jig or fixture shall provide protection for the operator which is equal to or greater than the protection required by subrule (1) of this rule.

(3) A box-type guard as prescribed in Figure 2 or a permanently mounted guard as prescribed in Figure 3 or other fixed or adjustable barrier guard that restricts employee exposure to the saw teeth may be used to protect the operator from inadvertently coming in contact with the teeth of the bottom portion, from the front or sides, of the blade in lieu of the self-adjusting lower blade guard if the upper portion of the blade, including the saw arbor, is completely enclosed.

(4) When radial saws are used for ripping, a spreader should be provided to comply with R 408.12723.

(5) Non-kickback fingers or dogs shall be located on both sides of each radial saw used for ripping to oppose the thrust or tendency of the saw to pick up the material or throw it back toward the operator. They shall be designed to provide adequate holding power for all the thickness of material being cut.

(6) An adjustable stop shall be provided to prevent the forward travel of the blade beyond the position necessary to complete the cut in repetitive operations. A limit chain or other equally effective device shall be provided to prevent the saw blade from sliding beyond the edge of the table or the table at that place shall be extended to eliminate overrun. The front end of the unit shall be slightly higher than the rear or shall meet the requirements of R 408.12728(3), so as to cause the cutting head to return gently to the starting position when released by the operator. The slope shall not be enough to cause rebound.

(7) Ripping and ploughing shall be against the direction in which the saw turns. The direction of the saw rotation shall be conspicuously marked on the hood. In addition, a permanent label colored standard danger red that is not less than 1-1/2 inches by 3/4 of an inch shall be affixed to the rear of the guard at approximately the level of the arbor. The label shall read as follows:

DANGER: Do Not Rip or Plough From This End (8) Figures 2 and 3 read as follows:

FIGURE 2

Dotted line in the bottom of guard shows possible relief if teeth are not exposed.

FIGURE 3

D im.

Description Requirements A Width of guard between each side or front of 6 inches or twice “C”, blade to outside edge of guard. whichever is greater.

Note: This dimension should be based on the greatest anticipated “C” distance.

B Distance between upper hood guard and box guard (Figure 2) or bottom of mounted guard and stock (Figure 3). 3/8-inch maximum.

C Distance between top of work surface and bottom of guard.

D Distance between upper hood guard and fence. 3/8-inch maximum.

E Distance allowed for saw blade travel in guard. 1/4-inch maximum on each side of blade.

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.12731 Portable circular saws {#sec-r-408.12731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12731}

Rule 2731. A portable, power driven saw shall have guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12732 Band saws {#sec-r-408.12732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12732}

Rule 2732. (1) All portions of the band saw blade shall be enclosed or guarded except for the working portion of the blade between the bottom of the guide and the table.

(2) A band saw wheel shall be fully encased. The outside periphery of the enclosure shall be solid. The front and back of the band wheels shall be enclosed by either solid material, wire mesh, or perforated metal. Mesh or perforated metal shall be not less than 0.037 inch (U.S. gauge no. 20) and the openings shall be not more than 3/8 inch. Solid material used for this purpose shall be of an equivalent strength and firmness. The upper wheel guard shall be made to conform to the travel of the saw on the wheel. The top member of the guard should have at least a 2-inch clearance outside the saw and be lined with smooth material.

(3) A guard for the portion of the blade between the sliding guide and the upper saw wheel guard shall protect the saw blade at the front and outer side. The guard shall be self-adjusting to raise and lower with the guide.

(4) The sliding blade guide shall be kept to within 1/4 inch of the work piece.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12733 Band re-saw; feed rolls {#sec-r-408.12733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12733}

Rule 2733. Feed rolls of band re-saws shall be protected with a suitable guard to prevent the hands of the operator from coming in contact with the in-running rolls at any point. The guard shall be constructed of 11 gauge sheet metal or stronger material, preferably metal. The edge of the guard shall come to within 3/8 inch of the plane formed by the inside face of the feed roll in contact with the stock being cut or the work table.

JOINTERS AND PLANERS

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12736 Jointers and planers; general {#sec-r-408.12736 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12736}

Rule 2736.(1) Each hand fed planer and jointer with a horizontal or vertical head shall have a cylindrical cutting head, the knife projection of which shall not extend more than 1/8-inch beyond the cylindrical body of the head.

(2) Square cutting heads shall not be used on jointers and planers.

(3) The opening in the jointer table shall be kept as small as possible. The clearance between the edge of the rear table and the cutter head shall be not more than 1/8- inch.

The table throat opening shall be not more than 2 1/2 inches when tables are set or aligned for zero cut.

(4) A proper push block shall be used when jointing short or narrow stock.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12737 Jointers; guards {#sec-r-408.12737 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12737}

Rule 2737. (1) A hand fed jointer with a horizontal or vertical cutting head shall have an automatic guard covering all the sections of the cutting head on the working side of the fence or gauge. The guard shall effectively keep the operator's hand from coming in contact with the revolving knives. The guard shall adjust itself automatically to cover the unused portion of the head, and shall remain in contact with the material at all times.

(2) A hand fed jointer with a horizontal cutting head shall have a guard covering the section of the head back of the gauge or fence.

(3) Each wood jointer with vertical head shall have either an exhaust hood or other guard so arranged as to enclose completely the revolving head, except for a slot of such width as may be necessary and convenient for the application of the material to be jointed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12739 Tenoning machines and automatic edge banders {#sec-r-408.12739 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12739}

Rule 2739. (1) A tenoning machine and an automatic edge bander shall have all cutting heads and saws covered by guards. The guards shall cover at least the unused part of the periphery of the cutting head. If a guard is constructed of sheet metal, the material used shall be not less than 14 gauge in thickness. If cast iron is used, it shall be not less than 3/16 inch in thickness. Other materials of equivalent strength may be used. If interlocked barriers are used at load and unload ends the enclosure guards specified in this subrule need not be used. It is not required that the above hoods retain a thrown or broken knife.

(2) If an exhaust system is used on a tenoner or edge bander, the guard shall form part or all of the exhaust hood. It shall be constructed of material of a thickness not less than that specified in subrule (1) of this rule.

R 408.12740. Double and tenoner drives.

Rule 2740. (1) Feed chains and sprockets of double end tenoning machines shall be completely enclosed, as prescribed in General Industry Safety Standard, Part 7 “Guards for Power Transmission,” as referenced in R 408.12702, except for that portion of chain used for conveying the stock.

(2) At the rear ends of frames over which feed conveyors run, sprockets and chains shall be guarded at the sides by plates projecting beyond the periphery of sprockets and the ends of lugs.

(3) The unloading end of the frame over which the feed conveyors run shall be extended so the material, as it leaves the machine, will be guided to a point where the operator cannot reach the point of operation.

History

• History: 1979 AC; 2018 AACS.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12741 Hold downs {#sec-r-408.12741 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12741}

Rule 2741. Hold downs shall be guarded with an enclosure to within 1/4 inch of the work piece or in accordance with Table 1.

TABLE 1

Distance of Opening From Point of Operation Hazard Maximum Width of Opening 1/2" to 1 1/2" 1/4" 1 1/2" to 2 1/2" 3/8" 2 1/2" to 3 1/2" 1/2" 3 1/2" to 5 1/2" 5/8" 5 1/2" to 6 1/2" 3/4" 6 1/2" to 7 1/2" 7/8" 7 1/2" to 12 1/2" 1 1/4" 12 1/2" to 15 1/2" 1 1/2" 15 1/2" to 17 1/2" 1 7/8" 17 1/2" to 31 1/2" 2 1/8"

This table shows the distances that guards shall be positioned from the danger line in accordance with the required feed openings.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12742 Hand fed tenoners {#sec-r-408.12742 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12742}

Rule 2742. Hand fed tenoning machines shall have a clamping or hold down device on the fixture to help the operator hold the material being cut.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12744 Boring and mortising machines {#sec-r-408.12744 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12744}

Rule 2744. (1) A safety bit chuck without projecting set screws shall be used on a boring or mortising machine.

(2) Boring bits should have a guard enclosing all portions of the bit and chuck above the material being worked.

(3) The top of the cutting chain and driving mechanism on a chain mortiser shall be enclosed.

(4) If there is a counterweight, it shall be guarded as prescribed in R 408.12728(2).

(5) Universal joints and spindles of boring machines shall be guarded to prevent accidental contact by the operator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12751 Wood shapers {#sec-r-408.12751 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12751}

Rule 2751. (1) The cutting heads of a wood shaper, hand fed panel raiser or a similar machine not automatically fed shall be enclosed with a cage or adjustable guard designed to prevent contact with cutter blades by the operator's hands. The diameter of circular shaper guards shall be not less than the greatest diameter of the cutter. A warning device of leather or other material shall not be attached to the spindle. Prototype operations, involving a single item, where an unusual configuration precludes the use of a guard, is exempt from this rule.

(2) Templates, jigs, and fixtures that remove the operator's hands from the point of operation shall be used when the nature of the work permits such use.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.12752 Double spindle shapers {#sec-r-408.12752 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12752}

Rule 2752. Double spindle shapers shall be provided with a spindle starting and stopping device for each spindle.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12755 Planing, molding, sticking, and matching machines {#sec-r-408.12755 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12755}

Rule 2755. (1) Each planing, molding, sticking, and matching machine shall have all cutting heads and saws covered by a metal guard. If the guard is constructed of sheet metal, the material used shall be not less than 14 gauge in thickness or the equivalent. If cast iron is used, it shall be not less than 3/16 inch in thickness. It is not required that the hoods retain a thrown or broken knife.

(2) If an exhaust system is used, the guards shall form part or all of the exhaust hood and shall be constructed of metal of a thickness not less than that specified in subrule (1) of this rule.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12756 Feed rolls {#sec-r-408.12756 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12756}

Rule 2756. (1) A feed roll on a planing, molding, sticking, or matching machine shall be guarded by a hood or suitable guard to prevent the hands of the operator from coming in contact with the in-running rolls at any point. The guard shall be fastened to the frame carrying the rolls so as to remain in adjustment for any thickness of stock.

(2) Surfacers or planers used in thicknessing multiple pieces of material simultaneously shall have sectional infeed rolls with sufficient yield in the construction of the sections to provide feeding contact pressure on the stock over the permissible range of variation in stock thickness specified or for which the machine is designed. In lieu of the yielding sectional rolls, suitable section kickback finger devices shall be provided at the infeed end.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12759 Lathes {#sec-r-408.12759 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12759}

Rule 2759. (1) A profile or swing-head lathe shall have all cutting heads covered by a metal guard. If the guard is constructed of sheet metal, the material used shall be not less than 14 gauge in thickness or equivalent. If cast iron is used, it shall be not less than 3/16 inch in thickness. It is not required that the hoods retain a thrown or broken knife.

(2) Cutting heads on wood-turning lathes, whether rotating or not, shall be covered as completely as possible by hoods or shields, which should be hinged to the machines so they can be moved back for making adjustments.

(3) Shoe-last and spoke lathes, doweling machines, wood-heel turning machines, and other automatic wood-turning lathes of the rotating knife type shall be equipped with hoods enclosing the cutter blades completely, except at the contact points, while the stock is being cut.

(4) A revolving tool lathe used for turning stock held between the 2 centers shall be equipped with guards extending over the tops of the tool in order to prevent the work pieces from being thrown out of the machines if they become loose.

(5) A revolving tool lathe shall be equipped with a suction hood properly connected to an exhaust system. The hood shall be formed over the revolving tools to serve as a guard. They shall be constructed of metal of a thickness not less than that specified in subrule (1) of this rule.

SANDING MACHINES

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12761 Sanding machines {#sec-r-408.12761 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12761}

Rule 2761. Feed rolls of self-feed sanding machines shall be protected with a semicylindrical guard to prevent the hands of the operator from coming in contact with the in-running rolls at any point. The guard shall be constructed of not less than 18 gauge sheet metal or stronger material, preferably metal, and shall be firmly secured to the frame carrying the rolls to remain in adjustment for any thickness of stock. The bottom of the guard should come down to within 3/8 inch of a plane formed by the bottom or contact face of the feed roll where it touches the stock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12762 Drum sanding machines {#sec-r-408.12762 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12762}

Rule 2762. A drum sanding machine shall have an exhaust hood, or other guard if an exhaust system is not required, arranged to enclose the revolving drum, except for that portion of the drum above the table.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12763 Disk sanding machines {#sec-r-408.12763 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12763}

Rule 2763. A disk sanding machine shall have the exhaust hood, or other guard if an exhaust system is not required, arranged to enclose the revolving disk, except for that portion of the disk above the table. The distance between the disk and the table edge shall be not more than 1/4 inch.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12764 Belt sanding machines {#sec-r-408.12764 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12764}

Rule 2764. (1) Belt sanders shall have all pulleys enclosed including sides and periphery except the working end of an edge sander. An exhaust hood may be part of the guard.

(2) The edges of the unused run of the belt shall be guarded.

(3) These guards shall effectively prevent the hands or fingers of the operator from coming in contact with the nip points.

WOODWORKING MACHINES

History

• History: 1979 AC.

Mich. Admin. Code R 408.12767 Combination or universal woodworking machines {#sec-r-408.12767 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12767}

Rule 2767. On combination or universal woodworking machines, each point of operation shall be guarded as specified in the rules of this standard for each separate machine. The machines shall have a separate stopping and starting device for each point of operation.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12768 Routers {#sec-r-408.12768 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12768}

Rule 2768. The pulleys, spindles and cutting tools on routers shall be guarded.

Turn plates, jigs and fixtures requiring the operator's hands to be removed from the point of operation may be used as a point of operation guard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12769 Roll type glue spreaders {#sec-r-408.12769 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12769}

Rule 2769. (1) The feed rolls on a roll type glue spreader shall be guarded at all nip points. The bottom of the guard at the feed side shall come to within 3/8 inch of a plane formed by bottom or contact face of the feed roll where it touches the stock.

(2) A reversing bar or switch, or a kick plate may be used in addition to the nip guard.

(3) The rolls shall be fully opened when they are being cleaned.

(4) A long-handled brush or swab shall be used to clean them.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12770 Other machines not excluded {#sec-r-408.12770 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12770}

Rule 2770. The mention of specific machines in R 408.12721 to R 408.12769 does not exclude other woodworking machines from the requirement that suitable guards and exhaust hoods be provided to reduce to a minimum the hazard due to the point of operation of these machines.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12773 Veneer steaming and soaking vats {#sec-r-408.12773 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12773}

Rule 2773. If the size of the stock handled permits, the size of the vat sections should be 9 feet or less.

R 408.12774. Vat loading and unloading.

Rule 2774. Either or both of the following means shall be used in loading and unloading veneer steam and soaking vats:

(a) Mechanical handling or conveying equipment shall be provided and designed so the logs are removed without the assistance of an employee at the edge of the veneer steam and soaking vat.

(b) The floor surface at the sides of the vats being used shall be antislip.

History

• History: 1979 AC; 2013 AACS; 2018 AACS.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12776 Ventilation {#sec-r-408.12776 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12776}

Rule 2776. (1) Veneer steam and soaking vats should be located in buildings or in special sheds heated in cold weather to keep the amount of steam at a minimum.

(2) Means shall be provided to ventilate buildings in which steam and soaking vats are located. High ceilings with roof ventilators or louvers are desirable. Where ceilings or roofs are under 15 feet, exhaust fans shall be provided.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12779 Rescinded {#sec-r-408.12779 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12779}

R 408.12781. Drag saws.

Rule 2781. A drag saw shall be located at allow at least a 4-foot clearance for passage where the saw is at the extreme end of the stroke. If such clearance is not obtainable, the saw and its driving mechanism shall be provided with a guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.12702.

VENEER MACHINES

History

• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.12784 Veneer cutters {#sec-r-408.12784 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12784}

Rule 2784. (1) Slicer knives shall be guarded at both front and rear to prevent accidental contact with the knife edge.

(2) Veneer slicers and rotary veneer cutting lathes shall be shut off when logs are inserted or adjustments are made.

(3) Operators shall not ride the carriage of a veneer slicer.

(4) Power driven guillotine veneer cutters shall have 1 or both of the following:

(a) Starting devices that require the simultaneous action of both hands to start the cutting motion and of at least 1 hand on a control during the complete stroke of the knife.

(b) An automatic guard that will remove the hands of the operator from the danger zone at every descent of the blade, used in conjunction with 1 hand starting devices that require 2 distinct movements of the device to start the cutting motion and designed to return positively to the non-starting position after each complete cycle of the knife.

(5) Where 2 or more employees are engaged at the same time on the same power driven guillotine veneer cutter, the veneer machine shall have 2 hand controls for each employee and the device shall be arranged so each employee is required to use both hands simultaneously on the controls to start the cutting motion and at least 1 hand of each employee on a control to complete the cut.

(6) Power driven guillotine veneer cutters, other than continuous trimmers, shall be provided with an emergency device to prevent the machine from operating in the event of failure of the brake when the starting mechanism is in the non-starting position, in addition to the brake or other stopping mechanism.

(7) Where practicable, hand and foot-power guillotine veneer cutters shall be provided with rods or plates, or other satisfactory means, so arranged on the feeding side that the hands cannot reach the cutting edge of the knife while feeding or holding the stock in place.

(8) If veneer slicers or rotary veneer-cutting machines are shut down for the purpose of inserting logs or making adjustments, operators shall ensure that the machine is clear and other workmen are not in a hazardous position before starting the machine.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12785 Veneer clippers {#sec-r-408.12785 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12785}

Rule 2785. (1) A veneer clipper shall have a guard to keep the fingers from the point of operation while feeding or removing the stock.

(2) The sprockets on a chain or slat belt conveyor of a veneer clipper shall be enclosed. It is recommended that conveyors or traveling tables be installed to remove material from clippers.

(3) Where 2 or more operators work on a veneer clipper, each shall have a control button which shall be pressed simultaneously to activate the machine.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12786 Veneer splicer {#sec-r-408.12786 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12786}

Rule 2786. A veneer splicer shall have a barrier at the feed end to keep fingers from the in-running pinch point.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12787 Veneer jointers {#sec-r-408.12787 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12787}

Rule 2787. Saw blades and vertical heads on a veneer jointer shall be enclosed and 2-hand controls shall be provided for each operator and shall be held down until the cut is complete. Pinch points formed by a moveable bed shall be guarded.

OPERATING RULES

R 408.12791. Operating rules; inspection and maintenance.

Rule 2791. (1) A supervisor or employee shall not remove or make inoperable any safety device or guard specified in this standard.

(2) Dull, badly set, improperly filed, or improperly tensioned saws shall be immediately removed from service before they begin to cause the material to stick, jam, or kickback when it is fed to the saw at a normal speed. Saws to which gum has adhered on the sides shall be immediately cleaned.

(3) Knives and cutting heads of woodworking machines shall be kept sharp, properly adjusted, and firmly secured. If 2 or more knives are used in 1 head, they shall be properly balanced.

(4) Bearings shall be kept free of lost motion and shall be well lubricated.

(5) Arbors of circular saws shall be free from play.

(6) The sharpening or tensioning of saw blades or cutters shall be done only by persons of demonstrated skill.

(7) A saw blade, cutter head, or tool collar shall not be placed or mounted on a machine arbor unless the tool has been machined as to size and shape to fit the arbor.

History

• History: 1979 AC.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.12792 Operating rules; selection of machines {#sec-r-408.12792 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12792}

Rule 2792. (1) Machines shall not be used for operations of such variety as to necessitate the removal of safeguards suitable for the usual service.

(2) The specific operations involving special hazards shall be assigned to machines suitable for such work.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.12793 Operating rules; saws {#sec-r-408.12793 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12793}

Rule 2793.(1) The practice of inserting wedges between the saw disk and the collar to form what is commonly known as a wobble saw is prohibited.

(2) Tension on a band saw and re-saw should be released from the blade when not in use.

(3) The back thrust shall be adjusted carefully to the normal position of the band saw blade.

(4) A band saw shall not be stopped quickly by thrusting a piece of wood against the cutting edge of teeth when the power is off.

(5) To detect cracks or other defects, each band saw blade shall be carefully examined as it is put on and taken off the band wheel. Cracked saws or saws that indicate the probability of breakage shall be promptly removed to avoid injury to the saw and to the operator.

History

• History: 1979 AC; 1981 AACS; 2018 AACS.

Mich. Admin. Code R 408.12795 Operating rules; jointers {#sec-r-408.12795 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12795}

Rule 2795. The minimum length of the piece jointed shall be not less than 4 times the distance between the 2 tables. Neither half of the jointer table should be adjusted horizontally so that the clearance between the edge of the table and the revolving knives is more than 1/4 inch.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12796 Operating rules; lathes {#sec-r-408.12796 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12796}

Rule 2796. Material in a lathe shall be fastened securely to faceplates or between centers.

History

• History: 1979 AC.

Mich. Admin. Code R 408.12797 Guard substitutes {#sec-r-408.12797 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12797}

Rule 2797. Combs, featherboards, or suitable jigs shall be provided at the work place for use when a standard guard cannot be used, as in dadoing, grooving, jointing, moulding, and rabbeting, as prescribed in R 408.12722(6).

History

• History: 1979 AC.

Mich. Admin. Code R 408.12798 Clothing {#sec-r-408.12798 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12798}

Rule 2798. (1) Anti-kickback aprons shall be provided to the employee at no expense to the employee and shall be used where material can be kicked back.

(2) Operators of machines shall not wear loose-flowing garments, sleeves, and neckties.

(3) Operators of machines should not wear gloves while operating machines.

History

• History: 1979 AC; 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.12799 Rescinded {#sec-r-408.12799 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.12799}

History

• History: 1979 AC; 2013 AACS.

R 408.13301 to R 408.13398 Part 33. Personal Protective Equipment

Mich. Admin. Code R 408.13301a Adopted and referenced standards {#sec-r-408.13301a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13301a}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 33. PERSONAL PROTECTIVE EQUIPMENT

GENERAL PROVISIONS

R 408.13301. Scope.

Rule 3301. (1) This standard applies to all places of general industry employment in this state and includes requirements of the employer and use by the employee of personal protective equipment and provides reasonable and adequate means, ways, and methods for the proper selection and safe use of this equipment.

(2) This standard establishes performance, care, and use criteria for all personal fall protection systems.

(3) An employer shall ensure that each personal fall protection system used to comply with MIOSHA general industry safety and health standards meets the requirements of these rules.

(4) Hearing protection shall be in compliance with Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry,” as referenced in R 408.13301a.

(5) Respiratory protection shall be in compliance with Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.13301a.

History: 1983 AACS; 2014 AACS; 2016 AACS; 2018AACS.

Rule 3301a. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179, www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in these rules.

(a) American National Standards Institute Standard (ANSI) Z-41 "American National Standard for Personal Protection -- Protective Footwear," 1999 edition. Cost $25.00.

(b) ANSI/ISEA (International Safety Equipment Association) Z-87.1 “Occupational and Educational Personal Eye and Face Protection Devices,” 2010 edition. Cost $60.00.

(c) ANSI Z-87.1 “Occupational and Educational Personal Eye and Face Protection Devices,” 2003 edition. Cost $68.00.

(d) ANSI Z-87.1 “Practice for Occupational and Educational Eye and Face Protection,” 1989 edition, revised 1998. Cost: $148.00.

(e) American Society of Testing Materials Standard (ASTM) D-120 “Standard Specification for Rubber Insulating Gloves,” 2009 edition. Cost: $58.00.

(f) ASTM D-178 “Standard Specification for Rubber Insulating Matting,” 2001 edition with 2010 supplement. Cost $47.00.

(g) ASTM D-178 “Standard Specification for Rubber Insulating Matting,” 1993 edition. Cost $56.00.

(h) ASTM D-1048 “Standard Specification for Rubber Insulating Blankets,” 2012 edition. Cost $47.00.

(i) ASTM D-1049 “Standard Specification for Rubber Insulating Covers,” 1998 edition with 2010 supplement. Cost $47.00.

(j) ASTM D-1050 “Standard Specification for Rubber Insulating Line Hose,” 2005 edition with 2011 supplement. Cost $47.00.

(k) ASTM D-1051 “Standard Specification for Rubber Insulating Sleeves,” 2008 edition. Cost $58.00.

(l) ASTM F-478 “Standard Specification for In-Service Care of Insulating Line Hose and Covers,” 2009 edition. Cost $52.00.

(m) ASTM F-479 “Standard Specification for In-Service Care of Insulating Blankets,” 2006 edition with 2011 supplement. Cost: $47.00.

(n) ASTM F-496 “Standard Specification for In-Service Care of Insulating Gloves and Sleeves,” 2008 edition. Cost $58.00.

(o) ASTM F-2412 “Standard Test Methods for Foot Protection,” 2005 edition. Cost $64.00.

(p) ASTM F-2413 “Standard Specification for Performance Requirements for Protective Footwear,” 2005 edition. Cost $56.00.

(q) ASTM F-819 “Standard Terminology Relating to Electrical Protective Equipment for Workers,” 2010 edition. Cost $41.00.

(r) ASTM F-1236 “Standard Guide for Visual Inspection of Electrical Protective Rubber Products,” 1996 edition with 2012 supplement. Cost: $47.00.

(s) Institute of Electrical and Electronics Engineers IEEE Standard 516 “Guide for Maintenance Methods on Energized Power Lines,” 2009 edition. Cost: $135.00.

(2) The following standards are adopted by reference in these rules and are available from Document Center, Inc., Customer Service, 121 Industrial Road, Suite 8, Belmont, CA 94002, USA, telephone:(650) 591-7600 or via the internet at website: www.document-center.com; at a cost as of the time of adoption of these rules, as stated in these rules.

(a) ANSI Z-89.1 "American National Standard for Industrial Head Protection," 2009 edition. Cost $61.25.

(b) ANSI Z-89.1 "American National Standard for Industrial Head Protection," 2003 edition. Cost: $20.00.

(c) ANSI Z-89.1 "American National Standard for Personnel Protection—Protective Headwear for Industrial Workers--Requirements," 1997 edition. Cost: $20.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services section, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry” R 325.60101 to R 325.30128.

(b) Occupational Health Standard Part 451 “Respiratory Protection,” R 325.60051 to R 325.60052.

(c) General Industry Safety and Health Standard Part 50 “Telecommunications,”

R 408.15001 to R 408.15004.

(d) General Industry Safety and Health Standard Part 86 “Electric Power Generation, Transmission, and Distribution,” R 408.18601 to R 408.18605.

(6) The appendices are informational only and are not intended to create any additional obligations or requirements not otherwise imposed or to detract from any established obligations or requirements.

History

• History: 2014 AACS; 2015 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.13302 Definitions, A to E {#sec-r-408.13302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13302}

Rule 3302. (1) “Absorptive lens” means a filter lens whose physical properties are designed to attenuate the effect of glare, reflective, and stray light.

(2) “Anchorage” means a secure point of attachment for equipment such as lifelines, lanyards, or deceleration devices.

(3) “Apparatus” means electrical equipment.

(4) “Bare hand technique” means a method of working on energized conductors by isolating the employee from any ground potential and by placing the employee in continuous firm contact with the energized electric field.

(5) “Belt terminal” means an end attachment of a window cleaner’s positioning system used for securing the belt or harness to a window cleaner’s belt anchor.

(6) “Body belt” means a strap with means both for securing about the waist and for attaching to other components such as a lanyard used with positioning systems, travel restraint systems, or ladder safety systems.

(7) “Body harness” means straps that secure about the employee in a manner to distribute the fall arrest forces over at least the thighs, pelvis, waist, chest, and shoulders, with a means for attaching the harness to other components of a personal fall protection system.

(8) “Bump hat or cap” means a device worn on the head to protect the wearer from bumps or blows but which does not meet the requirements of protective helmets.

(9) “Carabiner” means a connector generally comprised of a trapezoidal or oval shaped body with a closed gate or similar arrangement that may be opened to attach another object and, when released, automatically closes to retain the object.

(10) “Chin protector” means the portion of a device that offers protection to a wearer’s chin, lower face, and neck.

(11) “Competent person” means a person who is capable of identifying existing and predictable hazards in any personal fall protection system or any component of it, as well as in their application and uses with related equipment, and who has authorization to take prompt, corrective action to eliminate the identified hazards.

(12) “Conductor” means a material, such as a bus bar, wire, or cable, suitable for carrying an electric current.

(13) “Connector” means a device used to couple or connect parts of the fall protection system together.

(14) “Corrective lens” means a lens ground to the wearer’s individual prescription.

(15) “Cover lens” means a removable disc or colorless glass, plastic-coated glass, or plastic that covers a filter lens and protects it from weld spatter, pitting, or scratching when used in a goggle.

(16) “Cover plate” means a removable pane of colorless glass, plastic-coated glass, or plastic that covers a filter plate and protects it from weld spatter, pitting, or scratching when used in a helmet, hood, or goggle.

(17) “D-ring” means a connector used on any of the following:

(a) In a harness as an integral attachment element or fall arrest attachment.

(b) In a lanyard, energy absorber, lifeline, or anchorage connector as an integral connector.

(c) In a positioning or travel restraint system as an attachment element.

(18) “Deceleration device” means any mechanism that serves to dissipate energy during a fall.

(19) “Deceleration distance” means the vertical distance a falling employee travels from the point at which the deceleration device begins to operate, excluding lifeline elongation and free fall distance, until stopping. It is measured as the distance between the location of an employee's body harness attachment point at the moment of activation, at the onset of fall arrest forces, of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.

(20) “Energized”, also known as “live”, means to be electrically charged, or that to which voltage is being applied.

(21) Equivalent means alternative designs, equipment, materials, or methods that the employer can demonstrate will provide an equal or greater degree of safety for employees compared to the designs, equipment, materials, or methods specified in the standard.

(22) “Eye size” means a measurement expressed in millimeters and denoting the size of the lens-holding section of an eye frame.

R 408.13303. Definitions; F, G.

Rule 3303. (1) “Face shield” means a device worn in front of the eyes and a portion or all of the face, whose predominant function is protection of the eyes and face.

(2) “Filter lens” means a lens that attenuates specific wavelengths of ultraviolet, visible, and infrared radiation according to the composition and density of the lens.

(3) “Filter plate” means a removable pane in the window of a helmet, hood, or goggle that absorbs varying proportions of the ultraviolet, visible, and infrared rays according to the composition and density of the plate.

(4) “Foot or toe protection” means a device or equipment, such as, but not limited to, safety toe footwear, toe protectors, or foot guards, that protects an employee’s foot or toes against injury.

(5) “Footwear” means apparel worn on the feet, such as shoes, boots, slippers, or overshoes, excluding hosiery.

(6) “Frame” means a device which holds the lens or lenses on the wearer.

(7) “Free fall” means the act of falling before the personal fall arrest system begins to apply force to arrest the fall.

(8) “Free fall distance” means the vertical displacement of the fall arrest attachment point on the employee's body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, lifeline and lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline and or lanyard extension before the devices operate and fall arrest forces occur.

(9) “Front” means the part of a spectacle or goggle frame that is intended to contain the lens or lenses.

(10) “Goggle” means a device with contour-shaped eyecups or facial contact with glass or plastic lenses, worn over the eyes and held in place by a headband or other suitable means for the protection of the eyes and eye sockets.

R 408.13304. Definitions; H, I.

Rule 3304. (1) “Hair enclosure” means a hat, cap, or hair net specifically designed to protect the wearer from hair entanglement in moving machinery.

(2) “Handshield” means a hand-held welding helmet. See “welding helmet.”

(3) “Headband” means that part of a goggle, helmet, or hood suspension consisting of a supporting band that encircles the head.

(4) “Headgear” means that part of a protective helmet, hood, or faceshield that supports the device on the wearer’s head, usually consisting of a headband and crown strap.

(5) “Helmet” also called a hard hat or cap, means a device that is worn on the head that is designed to provide limited protection against impact, flying particles, or electric shock.

(6) “Hood” means a device that is worn to provide protection against acids, chemicals, abrasives, and temperature extremes and entirely encloses the whole head including face, neck, and shoulders. Air-line hoods and hoods used to protect wearers from inhalation or harmful atmospheres are not included in this part.

(7) “Isolated” means that all energized conductors or the exposed energized parts of equipment are isolated from the work area by an insulated barrier. Conductors may be isolated by moving them out of reaching distance by use of hot line tools.

R 408.13305. Definitions; L to R.

Rule 3305. (1) “Lanyard” means a flexible line of rope, wire rope, or strap that generally has a connector at each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage.

(2) “Lens” means the transparent part of a protective device through which the wearer sees, also referred to as a plate or window for some devices.

(3) “Lifeline” means a component of a personal fall protection system consisting of a flexible line for connection to an anchorage at one end so as to hang vertically, vertical lifeline, or for connection to anchorages at both ends so as to stretch horizontally, horizontal lifeline, and serves as a means for connecting other components of the system to the anchorage.

(4) “Lift-front” means a type of mounting frame for a welding helmet, hood, or goggles which is made of 2 connected parts. The front part, which may be removed from the line of vision, contains the high density filter plate with its cover plate, and the back part, which is fixed to the helmet, contains a low density or clear impact-resistant plate.

(5) “Light” means an optical radiation weighted by its ability to cause visual sensations.

(6) “Manufacturer” means a business entity that marks or directs the permanent marking of the components or complete devices as compliant with this standard, and sells them as compliant.

(7) “Metatarsal guards” means guards that are designed to protect the top of the foot from the toes to the ankle over the instep of the foot. These guards may be attached to the outside of shoes.

(8) “Non-removable lens” means a lens and holder that are homogeneous and continuous.

(9) “Personal fall arrest system” means a system used to arrest an employee in a fall from a walking-working surface. It consists of a body harness, anchorage, and connector.

The means of connection may include a lanyard, deceleration device, lifeline, or a suitable combination of these.

(10) “Personal fall protection system” means a system, including all components, an employer uses to provide protection from falling or to safely arrest an employee’s fall if one occurs. Examples of personal fall protection systems include personal fall arrest systems, positioning systems, and travel restraint systems.

(11) “Plano lens” means a lens that does not incorporate a corrective prescription.

This lens is not necessarily flat.

(12) “Positioning system”, also known as work-positioning system, means a system of equipment and connectors that, when used with a body harness or body belt, allows an employee to be supported on an elevated vertical surface, such as a wall or window sill, and work with both hands free. Positioning systems are also known as “positioning system devices” and “work-positioning equipment.”

(13) “Prescription lens” means a lens manufactured to the wearer’s individual corrective prescription.

(14) “Protective footwear” means footwear that is designed, constructed, and classified to protect the wearer from a potential hazard or hazards.

(15) “Protective helmet,” “protective hat or cap,” or “safety hat or cap” means a rigid device, often referred to as a safety cap or hat, that is worn to provide protection for the head or portions thereof against impact, flying particles, or electric shock, or any combination thereof, and which is held in place by a suitable suspension.

(16) “Protector” means a device that provides eye or face protection against the hazards of processes encountered in employment.

(17) “Qualified” means a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

(18) “Radiant energy or radiation” means the following kinds of radiant energy that are pertinent to this standard:

(a) Ultraviolet.

(b) Visible light.

(c) Infrared.

(19) “Reaching distance” means the employee’s reach as extended by a conductive material or equipment.

(20) “Rope grab” means a deceleration device that travels on a lifeline and automatically, by friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/lever locking, or both.

R 408.13306. Definitions; S to W.

Rule 3306. (1) “Safety belt” means a device, usually worn around the waist that by reason of its attachment to a lanyard and lifeline or a structure, will prevent a worker from falling.

(2) “Safety factor” means the ratio of the design load and the ultimate strength of the material.

(3) “Safety harness” means a belt with a shoulder strap worn around the waist and shoulder and capable of restraining a pull or fall of an employee.

(4) “Safety strap” means a restraining line secured at both ends to a safety belt or harness to hold an employee to a fixed object.

(5) “Safety toe footwear” means footwear containing a safety toe box of steel or equivalent material capable of meeting the requirements of this part.

(6) “Sanitizing” means an act or process of destroying organisms that may cause disease.

(7) “Self-retracting lifeline or lanyard” means a deceleration device containing a drum-wound line that can be slowly extracted from, or retracted onto, the drum under slight tension during normal movement by the employee. At the onset of a fall, the device automatically locks the drum and arrests the fall.

(8) “Shield” means a device to be held in the hand, or supported without the aid of the operator, whose predominant function is protection of the eyes and face.

(9) “Shell” means the portion of welding helmet or handshield that covers the wearer’s face and is the part of a helmet which includes the outermost surface.

(10) “Side shield” means a part of, or attachment to, a spectacle that provides side impact-resistance.

(11) “Snaphook” means a connector comprised of a hook-shaped body with a normally closed gate, or similar arrangement that may be manually opened to permit the hook to receive an object. When released, the snaphook automatically closes to retain the object. Opening a snaphook requires 2 separate actions. Snaphooks are generally either of the following types:

(a) Automatic-locking type, which is permitted, with a self-closing and self-locking gate that remains closed and locked until intentionally unlocked and opened for connection or disconnection.

(b) Non-locking type, which is prohibited, with a self-closing gate that remains closed, but not locked, until intentionally opened for connection or disconnection.

(12) “Snood” means a flexible attachment to the back of a hood or helmet for protection against injury to the back of the head and neck.

(13) “Spectacles”, also known as safety glasses, means a protective device intended to shield the wearer’s eyes from certain hazards, depending on the spectacle type; also means a device patterned after conventional-type spectacle eyewear, but of more substantial construction, with or without sideshields, and with plano or corrective impact-resistant lenses of clear or absorptive filter glass or plastic.

(14) “Temple” means the part of a spectacle frame commonly attached to the front and generally extending behind the ear of the wearer.

(15) “Toe guards” means the guards that fit over the toes of regular shoes to protect the toes from impact and compression hazards. These guards may be attached to the outside of shoes.

(16) “Travel restraint,” also known as a tether line, means a rope or wire rope used to transfer forces from a body support to an anchorage or anchorage connector in a travel restraint system.

(17) “Travel restraint system” means a combination of an anchorage, anchorage connector, lanyard or other means of connection, and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface.

(18) “Welding goggle” means a goggle intended for limited welding applications.

(19) “Welding faceshield” means a faceshield intended for limited welding applications. Faceshields shall be used only in conjunction with spectacles or goggles, or both.

(20) “Welding helmet” means a protective device intended to provide protection for the eyes and face against optical radiation and weld spatter, which shall be worn only in conjunction with spectacles or goggles.

(21) “Window” means the lens portion of a face shield. Lens is defined in R 408.13305(2).

(22) “Window cleaner’s belt” means a positioning belt that consists of a waist belt, an integral terminal runner or strap, and belt terminals.

(23) “Window cleaner’s belt anchor”, also known as window anchor, means specifically designed fall-preventing attachment points permanently affixed to a window frame or to a building part immediately adjacent to the window frame, for direct attachment of the terminal portion of a window cleaner’s belt.

(24) “Window cleaner's positioning system” means a system that consists of a window cleaner's belt secured to window anchors.

(25) “Work-positioning system” means the same as “positioning system.”

HAZARD ASSESSMENT

R 408.13308. Personal protective hazard assessment and equipment selection.

Rule 3308. (1) An employer shall assess the workplace to determine if hazards are present, or are likely to be present, that necessitate the use of personal protective equipment.

(2) If the hazards are present or are likely to be present then the employer shall do all of the following:

(a) Select, and have each affected employee use, the types of personal protective equipment that will protect the affected employee from the hazards identified in the hazard assessment.

(b) Communicate selection decisions to each affected employee.

(c) Select the personal protective equipment that properly fits each affected employee.

(d) Select personal protective equipment that shall be designed and constructed to be safe for the work to be performed.

Note: Non-mandatory Appendix B contains an example of procedures that complies with the requirement for a hazard assessment.

(3) An employer shall verify that the required workplace hazard assessment has been performed through a written certification which identifies all of the following information:

(a) The workplace evaluated.

(b) The person certifying that the evaluation has been performed.

(c) The date or dates of the personal protective hazard assessment.

(d) The document is a certification of hazard assessment.

TRAINING

R 408.13309. Personal protective equipment training.

Rule 3309. (1) An employer shall provide training to each employee who is required by these rules to use personal protective equipment. The training shall include all of the following:

(a) When personal protective equipment is necessary.

(b) What personal protective equipment is necessary.

(c) How to properly don, doff, adjust, and wear the personal protective equipment.

(d) The limitations of the personal protective equipment.

(e) The proper care, maintenance, useful life, and disposal of the personal protective equipment.

(2) Each affected employee shall demonstrate an understanding of the training specified in subrule (1) of this rule and the ability to use the equipment properly before being allowed to perform work requiring the use of personal protective equipment.

(3) When an employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by subrule (2) of this rule, the employer shall retrain the employee. The occurrence of any of the following circumstances requires retraining:

(a) Changes in the workplace that render previous training obsolete.

(b) Changes in the types of personal protective equipment to be used that render previous training obsolete.

(c) Inadequacies in an affected employee’s knowledge or use of assigned personal protective equipment which indicate that the employee has not retained the requisite understanding or skill.

R 408.13310. Employer’s and employee’s responsibilities.

Rule 3310. (1) An employer shall not permit defective or damaged personal protective equipment to be used.

(2) An employee shall use all of the personal protective equipment provided by the employer.

PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

R 408.13310a. Payment for personal protective equipment (PPE).

Rule 3310a. (1) An employer shall provide at no cost to employees the personal protective equipment necessary to protect against hazards that the employer is aware of as a result of any required assessments.

(2) An employer shall pay for replacement PPE, as necessary, under either of the following conditions:

(a) When the PPE no longer provides the protection it was designed to provide.

(b) When the previously provided PPE is no longer adequate or functional.

(3) When an employee has lost or intentionally damaged the PPE issued to him or her, an employer is not required to pay for its replacement and may require the employee to pay for its replacement.

(4) An employer is not required to pay for prescription safety eyewear with removable or permanent sideshields if the employer provides safety eyewear that fits over an employee’s prescription lenses.

(5) An employer is not required to pay for non-specialty prescription safety eyewear, provided that the employer permits these items to be worn off the job-site.

(6) An employer is not required to pay for non-specialty safety-toe protective footwear, including steel-toe shoes or steel-toe boots, provided that the employer permits these items to be worn off the job-site.

(7) An employer shall provide, at no cost to employees, metatarsal guards attachable to shoes when metatarsal protection is necessary if both the following apply:

(a) If metatarsal protection is necessary and an employer requires employees to use metatarsal shoes instead of detachable guards, then the employer shall provide the metatarsal shoe at no cost to the employee.

(b) If an employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, then the employer is not required to pay for the metatarsal shoes or boots.

(8) An employer is not required to pay for either of the following:

(a) Everyday clothing, including any of the following:

(i) Long-sleeve shirts.

(ii) Long pants.

(iii) Street shoes.

(iv) Normal work boots.

(v) Ordinary clothing.

(vi) Skin creams.

(b) Other items used solely for protection from weather, including any of the following:

(i) Winter coats.

(ii) Jackets.

(iii) Gloves.

(iv) Parkas.

(v) Rubber boots.

(vi) Hats.

(vii) Raincoats.

(viii) Ordinary sunglasses.

(ix) Sunscreen.

(9) An employer shall pay for protection when ordinary weather gear is not sufficient to protect an employee and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions. Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, is not considered part of the weather gear exception.

(10) All of the following apply to upgraded and personalized PPE:

(a) An employer is not required to pay for PPE requested by an employee that exceeds the PPE requirements, provided that the employer provides PPE that meets the standards at no cost to the employee.

(b) If an employer allows an employee to acquire and use upgraded or personalized PPE, then the employer is not required to reimburse the employee for the equipment, provided that the employer has provided adequate PPE at no cost to the employee.

(c) An employer shall evaluate an employee’s upgraded or personalized PPE to ensure that it complies with all of the following:

(i) Is adequate to protect from hazards present in the workplace.

(ii) Is properly maintained.

(iii) Is kept in a sanitary condition.

(11) If the provisions of another MIOSHA standard specify that the employer shall pay for specific equipment, then the payment provisions of that standard prevails.

EYE AND FACE PROTECTION

R 408.13311. Eye and face protection; consensus standards.

Rule 3311. (1) All protective eye and face protection devices shall be in compliance with any of the following consensus standards:

(a) ANSI/ISEA Z-87.1 “Occupational and Educational Personal Eye and Face Protection Devices,” 2010 edition, as adopted in R 408.13301a.

(b) ANSI Z-87.1 “Occupational and Educational Personal Eye and Face Protection Devices,” 2003 edition, as adopted in R 408.13301a.

(c) ANSI Z-87.1 “Practice for Occupational and Educational Eye and Face Protection,” 1989 edition, revised 1998, as adopted in R 408.13301a.

(2) Protective eye and face protection devices that the employer demonstrates are at least as effective as protective eye and face protection devices that are constructed in accordance with 1 of the consensus standards adopted in subrule(1) of this rule are considered to be in compliance with this rule.

R 408.13312. Use of eye and face protection.

Rule 3312. (1) An employer shall ensure that each affected employee uses appropriate eye or face protection, when exposed to eye or face hazards from any of the following:

(a) Flying objects or particles.

(b) Harmful contacts.

(c) Exposures.

(d) Molten metal.

(e) Liquid chemicals.

(f) Acids or caustic liquids.

(g) Chemical fumes, gases or vapors.

(h) Glare.

(i) Injurious radiation.

(j) Electrical flash.

(k) A combination of these hazards.

Note: Appendix B, Appendix Table 1, “Eye and Face Protector Selection Chart,” and Appendix Figure 1, “Eye and Face Protective Devices Chart,” which shall be used as a guide in the selection of the proper eye and face protection.

(2) An employer shall ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors, such as clip-on or slide-on sideshields, that are in compliance with the pertinent requirements of this rule are acceptable.

(3) A protector shall be in compliance with all of the following minimum requirements:

(a) Provides adequate protection against the particular hazards for which it is designed.

(b) Fits snugly and does not unduly interfere with movements of the wearer.

(c) Is capable of withstanding sanitizing.

(4) An employer shall ensure that eye and face personal protective equipment is distinctly marked to facilitate identification of the manufacturer.

(5) Limitations or precautions indicated by the manufacturer shall be transmitted to the user and care taken to ensure that the limitations or precautions are observed.

R 408.13312a. Filter lenses.

Rule 3312a. (1) An employer shall ensure that each affected employee uses equipment that has filter lenses which have shade numbers appropriate for the work being performed for protection from injurious light radiation.

(2) Table 1 is a listing of appropriate shade numbers for various operations.

(3) Table 1 reads as follows:

TABLE 1

FILTER LENSES FOR PROTECTION AGAINST RADIANT ENERGY

OPERATIONS

PLATE

THICKNESS

(INCHES)

PLATE

THICKNESS

(MM)

MINIMUM*

PROTECTIVE

SHADE

Gas Welding:

Light Medium Heavy Under 1/8 1/8 to 1/2 Over 1/2 Under 3.2 3.2 to 12.7 Over 12.7 Oxygen Cutting Light Medium Heavy Under 1 1 to 6 Over 6 Under 25 25 to 150 Over 150 OPERATIONS ELECTRODE SIZE 1/32 IN.

ARC CURRENT

MINIMUM*

PROTECTIVE

SHADE

Shield metal Arc welding Less than 3 3 to 5 more than 5 to 8 more than 8 Less than 60 60 to 160 161 to 250 251 to 550 Gas metal arc welding and flux cored arc welding Less than 60 60 to 160 161 to 250 251 to 500 Gas tungsten arcwelding Less than 50 50 to 150 151 to 500 Air carbon Arc cutting (Light)

(Heavy)

Less than 500 500 to 1000 Plasma arc welding Less than 20 20 to 100 101 to 400 401 to 800 Plasma arc cutting (Light)** (Medium)** (Heavy)** Less than 300 300 to 400 401 to 800 Torch brazing Torch soldering Carbon arc welding * As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade that gives a sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or sodium line in the visible light of the (spectrum) operation. ** These values apply where the actual arc is clearly seen. Experience has shown that light filters may be used when the arc is hidden by the workpiece.

History

• History: 1983 AACS; 2014 AACS; 2018 AACS.
• History: 1983 AACS; 2014 AACS; 2018 AACS.
• History: 1983 AACS; 2014 AACS; 2016 AACS.
• History: 1983 AACS; 2014 AACS; 2016 AACS; 2018 AACS.
• History: 1983 AACS; 2014 AACS; 2016 AACS; 2018 AACS.
• History: 1995 AACS; 2014 AACS.
• History: 1995 AACS; 2014 AACS.
• History: 1983 AACS; 1989 AACS; 2014 AACS.
• History: 2014 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS; 2016 AACS; 2018 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS.
• History: 2014 AACS.

Mich. Admin. Code R 408.13313 Maintenance and cleanliness of protectors {#sec-r-408.13313 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13313}

Rule 3313. (1) A face or eye protector shall be kept clean and in good repair.

(2) Cleaning facilities for protectors shall be provided away from the hazard, but readily accessible to the wearer.

(3) A slack, worn out, sweat-soaked, knotted, or twisted headband shall be replaced.

(4) A face or eye protector is a personal item and shall be for the individual and exclusive use of the person to whom it is issued. If circumstances require reissue, the protector shall be thoroughly cleaned, sanitized, and in good condition.

WELDING HELMETS AND HAND SHIELDS

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13320 Purposes, types, styles, and marking {#sec-r-408.13320 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13320}

Rule 3320. (1) The devices described in R 408.13320 to R 408.13330 are designed to provide protection for the face, eyes, ears, and neck against intense radiant energy and spatter resulting from arc welding.

(2) A helmet and a hand shield are the only permissible types.

(3) A helmet and a hand shield shall be made with the same basic design and of the same basic materials: an opaque, bowl-shaped or modified bowl-shaped device containing a window with filter plate which allows the wearer to see the radiant object, yet prevents harmful intensities or radiation from reaching his eyes. A helmet shall be supported on the head by an adjustable headgear. A hand shield shall have a handle attached to the bottom by which it is held in the hand. The basic designs may be modified to provide protection against special hazards, but modified equipment shall meet the same requirements as the basic design.

(4) A helmet and a hand shield shall bear a permanent and legible marking by which the manufacturer may be readily identified.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13321 Rigid helmet bodies {#sec-r-408.13321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13321}

Rule 3321. A helmet body of a rigid helmet shall be of such size and shape as to protect the face, forehead, ears, and neck to a vertical line back of the ears. It shall have 1 or more openings in the front for filter plates or filter lenses. The helmet body shall be attached to the headgear so that it will not come in contact with any part of the head and so that it can be lifted up from in front of the face and hold its position in front of the head. The helmet body shall be made of vulcanized fiber, reinforced plastic, or other suitable material which shall be thermally insulating, noncombustible or slow-burning, opaque to visible, ultraviolet, and infrared radiations, and capable of withstanding sanitizing. The inside of the helmet body shall have a low-light reflecting finish. Rivets or other metal parts, if terminating on the inside surface, shall be adequately separated from the wearer's head.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13322 Rigid helmet headgear or cradles {#sec-r-408.13322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13322}

Rule 3322. A rigid helmet shall have a headgear or cradle that shall hold the helmet body comfortably and firmly on the wearer's head, but shall permit the helmet body to be tilted back over the head. The headgear shall be readily adjustable for all head sizes from 6 1/2 to 7 5/8, without the use of tools. The headgear shall be made of materials which are thermally insulating, noncombustible or slow-burning, resistant to heat, and capable of withstanding sanitizing. Where required, the headgear shall be fitted with a removable and replaceable sweatband covering at least the forehead portion of the headband. The sweatband shall be made of leather or other suitable material which is slow-burning and non-irritating.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13323 Rigid helmet headgear substitutes {#sec-r-408.13323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13323}

Rule 3323. A headgear for a rigid helmet may be replaced by an impactresistant hat or cap that meets the requirements of R 408.13370 and R 408.13378 of this part, or other suitable device to which the helmet body is connected, if the helmet body may be lifted and adjusted to permit unobstructed vision or lowered to furnish complete protection, as required. The alternative device shall meet the requirements for sanitizing and resistance to heat and, in addition, shall meet the applicable requirements of any additional functions, such as protection against falling objects.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13324 Rigid helmet filter plates {#sec-r-408.13324 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13324}

Rule 3324. (1) A filter plate on a rigid helmet shall fit into the frame and cover the window.

(2) Both surfaces of a filter plate shall be well polished and shall be free from striae, waves, or other defects that would impair the optical quality of the surfaces. Filter plate surfaces shall be flat and substantially parallel.

(3) Table 2 of R 408.13312 shall be used to select the proper shade number of filter lenses or plates during welding operations.

(4) When specified, a filter plate shall be impact-resistant, unless impact-resistant eye protection is worn in conjunction with a welding helmet.

(5) A filter plate shall be marked with the shade designation and a permanent and legible marking by which the manufacturer may be readily identified. In addition, a glass filter plate, when treated for impact-resistance, shall be marked with the letter "H."

(6) A cover plate made of plain glass, of glass coated on 1 or on both sides with plastic, or of a slow-burning solid plastic sheet shall be used to protect a filter plate from damage. A cover plate shall be the same peripheral size and shape as the filter plate, and the thickness of a cover plate shall not be less than 0.050 inches. A cover plate shall transmit not less than 75% of the luminous radiation and shall be substantially free from optical imperfections.

History

• History: 1983 AACS; 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.13325 Non-rigid helmets {#sec-r-408.13325 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13325}

Rule 3325. A helmet may be made of non-rigid materials where it is to be used in confined spaces, or may be collapsible for convenience in carrying or storing. The helmet may be of the same general shape as a rigid helmet, except that a more complete covering of the top of the head is necessary in order to maintain the face, side, and windows in proper position. The requirements for the filter plates, cover plates, and lens mounting frame are the same as for a rigid helmet. A headgear may be used. The material shall be non-conducting and opaque to ultraviolet, visible, and infrared radiations. Stitched seams shall be welded. Stitching shall not be exposed.

History

• History: 1983 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.13327 Hand shield {#sec-r-408.13327 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13327}

Rule 3327. A hand shield shall be constructed of materials similar to those used for a helmet and in like manner. The materials, lens mounting arrangement, and filter and cover plates shall conform to the requirements for the corresponding parts of the helmet body with headgear. The handle shall be made of a material that is a non-conductorof electricity and is noncombustible or slow-burning. It shall be of such size and shape as to be held easily by 1 hand and shall be firmly attached to the lower portion of the shield. A hand shield intended for use by other than a welding operator shall have filter and cover plates suitable for the intended use.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13329 Helmet and hand shield lift fronts and chin rests {#sec-r-408.13329 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13329}

Rule 3329. (1) The lift front of a helmet shall be fabricated from metal, plastic, or other suitable material. A snap hinge shall be provided so that the front part will stay up or down but will not remain in a partially opened position. The lift front seal against the helmet shall be light tight. The lift front shall be designed to accommodate a clear impact-resisting plate in the back or fixed part; a filter plate, impact-resisting, when specified; and a cover plate in the front part. The back or fixed part plate shall be clear heat-treated glass or plastic not more than 3/16 inch thick or less than 1/8 inch and capable of withstanding the impact test.

(2) To avoid contact of a helmet or hand shield with the face of the wearer, a chin rest or adjustable position stop shall be provided. The chin rest and adjustable position stop shall be constructed of suitable rigid material and shall be detachable from the shell of the hand shield.

History

• History: 1983 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.13330 Helmet snoods, neck protectors, and aprons {#sec-r-408.13330 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13330}

Rule 3330.(1) A snood, or back-of-head-and-neck protector where required shall be of material that is flame resistant, that is a good insulator of heat and electricity, and that is capable of withstanding sanitizing. They shall be designed for easy attachment to the helmet, helmet headgear, or cradle.

(2) An apron or bib, where required for a helmet, shall be of nonflammable, nonconducting material that is flexible and capable of withstanding sanitizing.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13332 Effect of head protection standards {#sec-r-408.13332 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13332}

Rule 3332. The characteristics and performance requirements of these rules for welding helmets shall in no way be altered through their attachment to protective hats and caps, as required by R 408.13370 to R 408.13378 of this part.

FACE SHIELDS

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13340 Purposes and uses {#sec-r-408.13340 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13340}

Rule 3340. (1) The devices described in R 408.13340 to R 408.13347 of this part are designed to provide protection to the front part of the head, including forehead, cheeks, nose, mouth, and chin, and to the neck, where required, from flying particles and sprays of hazardous liquids, and to provide filter protection where required. Such devices shall be worn over suitable basic eye protection devices.

(2) Typical uses for face shields include, but are not limited to, the following situations:

(a) Woodworking operations where chips and particles fly.

(b) Metal machining causing flying particles.

(c) Buffing, polishing, wire brushing, and grinding operations causing flying particles or objects.

(d) Spot welding.

(e) Handling of hot or corrosive materials.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13342 Types and materials {#sec-r-408.13342 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13342}

Rule 3342. (1) Face shields are of 3 basic styles: headgear without crown protector; headgear with crown protector; and headgear with crown protector and chin protector.

Each of these styles shall accommodate any of the following styles of windows:

(a) Clear transparent.

(b) Colored transparent.

(c) Wire screen.

(d) Combination of plastic and wire screen.

(e) Fiber window with filter plate mounting.

(2) Materials used in the manufacture of a face shield shall be non-irritating to the skin when subjected to perspiration and shall be capable of withstanding frequent sanitizing. Metals, when used, shall be resistant to corrosion. Plastic materials shall be slow-burning.Clear or colored plastic materials used in windows shall be of an optical grade. Plastic windows shall not be used in connection with welding operations unless they meet the requirements of table 1 of this part.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13343 Components {#sec-r-408.13343 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13343}

Rule 3343. A face shield shall consist of a detachable transparent plastic window, wire screen window, or opaque frame with window; a tilting support, an adjustable headgear; and, as required, a crown protector and chin protector.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13344 Windows {#sec-r-408.13344 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13344}

Rule 3344. (1) A window shall be designed to fit the contour of the window support.

(2) A window supporting or window holding member, which shall be a band or crown protector, shall be attached to the headgear. The window support shall position the window in front of the face to provide clearance for the nose and eyeglasses of the wearer.

(3) The attachment of the window to the window support shall be secure and shall permit easy removal and replacement. The several sizes and types of windows for a face shield shall be interchangeable for attachment to the window support.

(4) A plastic or wire screen window without frame shall be not less than 9 1/2 inches wide at the top and 8 1/2 inches wide at the bottom, measured over its curved surfaces when attached and in position on the window support, and not less than 6 inches high. A window, when used in a frame, shall not be less than 4 inches wide and 2 inches high, and the frame shall conform to the dimensions specified for a window without a frame. A plastic window shall be not less than 0.040 inch nominal thickness.

(5) The exposed borders of a wire screen window shall be suitably bound or otherwise finished to eliminate sharp, rough, or unfinished edges. A wire screen window shall not be less than 20-mesh screen.

(6) A window support shall be pivotally attached to the sides of the headgear to permit easy tilting, either upward or downward, of the supporting member and of the window attached thereto. The window shall be capable of being tilted sufficiently upward so that the center of its bottom edge shall be out of the line of horizontal vision. The tension of the tilting mechanism shall be sufficient to hold the window without slippage in either the up or down position.

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.13345 Headgear {#sec-r-408.13345 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13345}

Rule 3345. (1) A headgear shall consist of at least a headband and a crown strap. The headgear shall be made from materials having a low heat conductivity. The design shall hold the window and window support comfortably and firmly in place on the wearer's head and shall provide for tilting the window away from the face.

(2) A headgear shall be readily adjustable to head sizes from 6 1/2 to 7 5/8 without the use of tools. The crown strap or band shall be attached to and extend between the front and rear centers or from the middle sides of the headband. It shall form an arc over the head to assist in positioning and holding the headgear in place. An adjusting device shall be positive and hold firmly in place after being adjusted. Its mechanisms and movements shall be protected so that the wearer's hair cannot catch in the device.

(3) For greater protection, a headgear may be replaced by an impact-resistant hat or cap to which the window support is connected. The attachment may be either rigid or swiveled. If swiveled, the design shall permit lifting and adjusting the window to permit unobstructed vision or lowering to furnish protection.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13346 Crown and chin protectors {#sec-r-408.13346 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13346}

Rule 3346. (1) A crown protector and chin protector shall be made of material having an impact-resistance not less than that of the plastic window. When the crown protector is used in conjunction with the chin protector for protection against sprays of hazardous liquids, the assembly of the crown protector and window support and the assembly of the chin protector and window shall not allow liquids to pass through any opening in the assembly and reach the face, forehead, or chin of the wearer.

(2) A crown protector shall be shaped to cover at least the frontal portion of the head and shall extend around each side at least to a vertical line at the front of the ears. It may be an integral part of the window support or a separate assembly. The design shall provide a comfortable clearance over the forehead and the head of the wearer.

(3) A chin protector shall be shaped to cover at least the chin and upper part of the neck. The design shall provide a comfortable clearance under the chin of the wearer.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13347 Marking; special operating conditions {#sec-r-408.13347 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13347}

Rule 3347. (1) When a face shield is used in atmospheres or working areas requiring special conditions of non-conductivity or non-sparking materials used shall meet these requirements. A face shield shall be plainly and permanently labeled, identifying it as a "non-conductive face shield" or "non-sparking face shield."

(2) A headgear and a plastic window shall bear a permanent and legible marking by which the manufacturer may be readily identified. A window offered for protection against glare shall also bear its shade designation.

EYE PROTECTORS

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13350 Prescription lenses {#sec-r-408.13350 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13350}

Rule 3350. An employer shall assure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards shall wear eye protection which incorporates that prescription in its design or shall wear eye protection which can be worn over the prescription lenses without disturbing the proper position for the prescription lenses or the protective lenses.

History

• History: 1983 AACS; 1995 AACS; 1997 AACS.

Mich. Admin. Code R 408.13352 Materials {#sec-r-408.13352 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13352}

Rule 3352. Materials used in the manufacturing of eye protectors shall combine mechanical strength and lightness of weight to a high degree, shall be non-irritating to the skin when subjected to perspiration, and shall withstand frequent sanitizing. Metals, where used, shall be corrosion resistant. Plastic materials, when used, shall be noncombustible or slow-burning.Cellulose nitrate, or materials having flammability characteristics approximating those of cellulose nitrate, shall not be used.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13353 Lenses {#sec-r-408.13353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13353}

Rule 3353. (1) Lenses intended for use in eye protectors are of 4 basic types, as follows:

(a) Clear lenses which are impact-resisting and provide protection against flying objects.

(b) Absorptive lenses of shades 1.7 through 3.0 which are impact-resisting and provide protection against flying objects and glare or which are impact-resisting and provide protection against flying objects, and narrow-band spectral transmittance of injurious radiation.

(c) Protective-corrective lenses which are impact-resisting and either clear or absorptive, as specified for persons requiring visual correction.

(d) Filter lenses which are impact-resisting and provide protection against flying objects and narrow-band spectral transmittance of injurious radiation.

(2) Glass filter lenses intended for use in eyecup goggles shall be heat treated.

(3) The height of the safety lens shall not be less than 30 millimeters.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13355 Eyecup goggles; components {#sec-r-408.13355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13355}

Rule 3355. Eyecup goggles shall consist of 2 eyecups with lenses and lens retainers, connected by an adjustable bridge, and a replaceable and adjustable headband or other means for retaining the eyecups comfortably in front of the eyes. Recommended applications for the use of eyecup goggles are shown in Appendix B Table 1.

History

• History: 1983 AACS; 2018 AACS.

Mich. Admin. Code R 408.13356 Eyecup goggles; types and models {#sec-r-408.13356 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13356}

Rule 3356. (1) Eyecup goggles shall be of 2 types as follows:

(a) Cup-type goggles designed to be worn by individuals who do not wear corrective spectacles.

(b) Cover cup-type goggles designed to fit over corrective spectacles.

(2) The 2 types of eyecup goggles are subdivided into the following classes:

(a) Chipper's models providing impact protection against flying objects.

(b) Dust and splash models providing protection against fine dust particles or liquid splashes and impact.

(c) Welder's and cutter's models providing protection against glare, injurious radiations, and impact.

(3) The basic designs may be modified to provide more protection against special hazards, but the modified equipment shall meet the same requirements as the basic design.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13357 Eyecup goggles; fit {#sec-r-408.13357 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13357}

Rule 3357. (1) The edge of the eyecup of eyecup goggles which bears against the face shall have a smooth surface free from roughness or irregularities which might exert undue pressure or cause discomfort to the wearer. The eyecups shall be of such shape and size as to protect the entire eye sockets.

(2) Cover cup-type goggles shall provide ample clearance and not interfere with the spectacles of the wearer. The edge of the goggles which bears against the face shall have a smooth surface free from roughness or irregularities which might exert undue pressure or cause discomfort to the wearer.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13359 Eyecup ventilation {#sec-r-408.13359 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13359}

Rule 3359. (1) Eyecups of chipper's models shall be ventilated in a manner to permit circulation of air.

(2) Eyecups of dust and splash models shall be ventilated in a manner to permit circulation of air. The ventilation openings shall be baffled or screened to prevent direct passage of dust or liquids into the interior of the eyecups.

(3) Eyecups of welder's and cutter's models shall be ventilated in a manner to permit circulation of air and shall be opaque. The ventilation openings shall be baffled to prevent passage of light rays into the interior of the eyecup.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13360 Eyecup lenses and retaining rings {#sec-r-408.13360 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13360}

Rule 3360.(1) An eyecup shall be provided with a rigidly constructed lens retaining ring of metal or of plastic designed to accommodate lenses and to permit their ready removal and replacement without damage to the eyecup or to the lenses and without the use of tools. The ring shall provide a complete clamping action against the lens. Lens retainers for welder's and cutter's models shall accommodate a filter lens, fiber gasket, and cover lens.

(2) A filter lens shall be marked with the shade designation and a permanent and legible marking by which the manufacturer may be readily identified. A glass filter lens, when treated for impact-resistance, shall also be marked with the letter "H."

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13362 Flexible and cushioned fitting goggles; construction {#sec-r-408.13362 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13362}

Rule 3362. Flexible and cushioned fitting goggles shall consist of a wholly flexible frame, forming a lens holder or with a separable lens holder or a rigid frame with integral lens or lenses, having a separate cushioned fitting surface on the full periphery of the facial contact area. Materials used shall be chemical-resistant, nontoxic, non-irritating, and slow-burning.There shall be a positive means of support on the face, such as an adjustable headband of suitable material or other suitable means of support to retain the frame comfortably and snugly in place in front of the eyes. A frame which is a lens holder or has a separable lens holder shall hold the lenses firmly and tightly and be removable or replaceable without the use of tools. The goggles may be ventilated or not, as required by their intended use. Where chemical goggles are ventilated, the openings shall be such as to render the goggles splashproof.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13363 Flexible and cushioned fitting goggles; protection {#sec-r-408.13363 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13363}

Rule 3363. (1) Chipper's models of flexible and cushioned fitting goggles shall provide protection against impact.

(2) Dust and splash models shall provide protection from fine dusts, fumes, liquids, splashes, mists, and spray, alone or with reflected light or glare, wind, and impact.

(3) Gas welder's and cutter's models shall provide protection against glare, injurious radiations, and impact.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13364 Flexible and cushioned fitting goggles; marking {#sec-r-408.13364 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13364}

Rule 3364. (1) The frame of flexible and cushioned fitting goggles shall bear a trademark or name identifying the manufacturer.

(2) Each separate lens shall be distinctly marked in a manner by which the manufacturer may be identified.

(3) A heat-treated glass filter plate or lens shall also be marked with the shade designation and the letter "H."

(4) The marking shall be clear cut and permanent and so placed as not to interfere with the vision of the wearer.

History

• History: 1983 AACS.

Mich. Admin. Code R 408.13366 Foundrymen's goggles; construction {#sec-r-408.13366 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13366}

Rule 3366. A foundryman's goggles shall consist of a mask made of a flexible, non-irritating, and noncombustible or slow-burning material, such as a leather or flexible plastic, suitable lens holders attached thereto, lenses, and a positive means of support on the face, such as an adjustable headband, to retain the mask comfortably and snugly in place in front of the eyes. The edge of the mask on contact with the face shall be provided with a binding of corduroy or other suitable material. The lens holders shall hold the lenses firmly and tightly and may be readily removable or replaceable. The lens holders shall be ventilated to permit circulation of air.

History

• History: 1983 AACS; 2016 AACS.

Mich. Admin. Code R 408.13367 Foundrymen's goggles; protection {#sec-r-408.13367 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13367}

Rule 3367. (1) A foundryman's goggles shall provide protection against impact and hot-metal splash hazards encountered in foundry operations such as melting, pouring, chipping, babbitting, grinding, and riveting. Where required, the foundryman’s goggles shall also provide protection against dusts.

(2) Applications for use of foundrymen's goggles are shown in R 408.13312a Table 1.

(3) Materials shall resist flame, corrosion, water, and sanitizing.

SPECTACLES

R 408.13369. Spectacles.

Rule 3369. (1) Spectacles, also known as safety glasses, of metal, plastic, or a combination thereof, shall consist of lenses in a frame that supports the lenses around their entire periphery of suitable size and shape for the purpose intended connected by a nose bridge, and retained on the face by temples or other suitable means.

(2) The spectacles, also known as safety glasses, shall be furnished with or without sideshields depending upon their intended use.

(3) The frames, temples, and sideshields may be metal or plastic, and when made of plastic, shall be of the slow-burning type.

(4) Spectacles, also known as safety glasses, shall provide protection to the eye from flying objects, and, when required, from glare and injurious radiations.

(5) Spectacles, also known as safety glasses, without sideshields are intended to provide frontal protection.

(6) Where side as well as frontal protection is required, the spectacles, also known as safety glasses, shall be provided with sideshields.

Note: Appendix B, Appendix Table 1 “Eye and Face Protector Selection Chart,” and Appendix Figure 1, “Eye and Face Protective Devices Chart,” shall be used as a guide in the selection of the proper eye and face protection.

(7) Frames shall be designed for industrial exposure and shall bear a trademark identifying the manufacturer on both fronts and temples. The frame front shall carry a designation of the eye size and bridge size, where applicable. Temples shall be marked as to the overall length or fitting value.

(8) Temples may be of the cable or spatula type, as specified, and shall be of such design as to permit adjustment and fit comfortably and securely on the wearer. The size of the temples shall be clearly marked.

(9) Safety lens in frames which do not comply with this part shall not be worn.

HEAD PROTECTION EQUIPMENT

R 408.13370. Use of head protection.

Rule 3370. (1) An employer shall ensure that each affected employee is provided with, and wears, head protection equipment and accessories when the employee is required to be present in areas where a hazard exists from any of the following:

(a) Falling or flying objects.

(b) Other harmful contacts or exposures.

(c) Where there is a risk of injury from any of the following:

(i) Electric shock.

(ii) Hair entanglement.

(iii) Chemicals.

(iv) Temperature extremes.

(2) Service facilities shall be provided for the sanitizing and replacement of needed parts when necessary and before head protection equipment is re-issued.

(3) Head protection equipment that has been physically altered or damaged shall not be worn or reissued to an employee.

(4) An employee shall not physically alter, and shall guard against damage to, the head protection equipment provided.

(5) An employee shall use the provided head protection equipment in accordance with the instructions and training received.

Editor's Note: An obvious error in R 408.13370 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2014 MR 7. The memorandum requesting the correction was published in Michigan Register, 2014 MR 13.

R 408.13372. Criteria for head protection.

Rule 3372. (1) An employer shall provide each employee with head protection that meets the specifications contained in any of the following consensus standards:

(a) ANSI Z-89.1 "American National Standard for Industrial Head Protection," 2009 edition, as adopted in R 408.13301a.

(b) ANSI Z-89.1, "American National Standard for Industrial Head Protection,” 2003 edition, as adopted in R 408.13301a.

(c) ANSI Z-89.1 "American National Standard for Personnel Protection—Protective Headwear for Industrial Workers--Requirements," 1997 edition, as adopted in R 408.13301a.

(2) Any head protection device that the employer demonstrates is at least as effective as a head protection device constructed in accordance with 1 of the consensus standards adopted in subrule (1) of this rule is considered to be in compliance with this rule.

R 408.13375. Protective helmets.

Rule 3375. (1) Protective helmets shall be described by impact type and electrical class. All protective helmets shall meet either Type I or Type II requirements. All helmets shall be further classified as meeting Class G, Class E, or Class C electrical requirements.

Helmets shall be classified as follows:

(a) Impact type protective helmets shall be either of the following:

(i) Type I helmets intended to reduce the force of impact resulting from a blow only to the top of the head.

(ii) Type II helmets intended to reduce the force of impact resulting from a blow to the top or sides of the head.

(b) Electrical classes for protective helmets shall be 1 of the following:

(i) Class G, general protective helmets are intended to reduce the danger of contact with low voltage conductors. Test samples shall be proof-tested at 2200 volts (phase to ground). This voltage is not intended as an indication of the voltage at which the helmets protects the wearer.

(ii) Class E, electrical protective helmets are intended to reduce the danger of contact with higher voltage conductors. Test samples shall be proof-tested at 20,000 volts (phase to ground). This voltage is not intended as an indication of the voltage at which the helmet protects the wearer.

(iii) Class C, conductive protective helmets are not intended to provide protection against contact with electrical hazards.

(2) A metallic head device shall not be furnished by an employer or used by an employee for head protection, except where it has been determined that the use of other types of protective helmets or safety hats or caps is impractical, such as where chemical reaction will cause the deterioration of other types of head protection.

(3) A protective helmet furnished by an employer shall be identified on the inside of the shell with the name of the manufacturer.

(4) When used in conjunction with protective helmets, faceshields, welding helmets, and goggles shall be in compliance with the requirements in these rules, and hearing protection shall be in compliance with Occupational Health Standard Part 380 “Occupational Noise Exposure,” as referenced in R 408.13301a.

(5) Winter liners and chin straps used in conjunction with class E helmets for high-voltage protection shall not contain any metallic parts or other conductive materials.

(6) Winter liners and chin straps used in areas where there is a danger of ignition from heat, flame, or chemical reaction shall be made of materials that are non-burning or flame retardant.

(7) Bump hats or caps or other limited-protection devices shall not be used as a substitute for protective helmets for the hazards described in R 408.13370.

(8) An employer shall ensure that protective helmets designed to reduce electrical shock hazard shall be worn by each affected employee who is near exposed electrical conductors that could come in contact with the employee’s head.

R 408.13376. Hoods.

Rule 3376. (1) A hood shall be made of materials that combine all of the following:

(a) Have mechanical strength and lightness of weight to a high degree.

(b) Be non-irritating to the skin when subjected to perspiration.

(c) Be capable of withstanding frequent cleaning and disinfection.

(2) Materials used in the manufacture of hoods shall also be suitable to withstand the hazards to which the user may be exposed.

(3) A hood shall bear a permanent and legible marking by which the manufacturer may be readily identified.

(4) A hood shall be designed to provide adequate ventilation for the wearer.

(5) A protective helmet shall be used in conjunction with a hood where there is a head injury hazard and the hood shall be designed to accommodate such helmet.

R 408.13378. Hair enclosures; face and head.

Rule 3378. (1) A hat, cap, or net shall be worn by a person where there is a danger of hair entanglement in moving machinery or equipment, or where there is exposure to means of ignition.

(2) Hair enclosures include all of the following:

(a) Be designed to be reasonably comfortable to the wearer.

(b) Completely enclose all loose hair.

(c) Be adjustable to accommodate all head sizes.

(3) Be material used for hair enclosures of all of the following:

(a) Fast dyed.

(b) Non-irritating to the skin when subjected to perspiration.

(c) Capable of withstanding frequent cleaning.

(4) Hair enclosures shall not be reissued from 1 employee to another unless it has been thoroughly sanitized.

FOOT AND TOE PROTECTION

R 408.13383. Criteria for protective footwear.

Rule 3383. (1) Protective footwear shall comply with any of the following consensus standards:

(a) ASTM F-2412 “Standard Test Methods for Foot Protection,” 2005 edition, as adopted in R 408.13301a.

(b) ASTM F-2413 “Standard Specification for Performance Requirements for Protective Footwear,” 2005 edition, as adopted in R 408.13301a.

(c) ANSI Z-41 "American National Standard for Personal Protection -- Protective Footwear," 1999 edition, as adopted in R 408.13301a.

(2) Protective footwear that an employer demonstrates is at least as effective as protective footwear that is constructed in accordance with 1 of the consensus standards adopted in subrule (1) of this rule, shall be considered to be in compliance with the requirements of this rule.

Editor's Note: An obvious error in R 408.13383 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2014 MR 7. The memorandum requesting the correction was published in Michigan Register, 2014 MR 13.

History

• History: 1983 AACS; 2018 AACS.
• History: 1983 AACS; 2014 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS.
• History: 1983 AACS; 1995 AACS; 2014 AACS; 2016 AACS.
• History: 1983 AACS; 2014 AACS.
• History: 1983 AACS; 2014 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS.

Mich. Admin. Code R 408.13384 Toe protection {#sec-r-408.13384 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13384}

Rule 3384. Where toe protection other than safety toe footwear is worn, the toe protection shall have an impact value of not less than that required for the safety toe footwear.

R 408.13385. Use of foot protection.

Rule 3385. (1) An employer shall ensure that each affected employee shall wear protective footwear when working in areas where any of the following occur:

(a) When the use of protective footwear will protect the affected employee from an electrical hazard, such as a static-discharge or electric-shock hazard, that remains after the employer takes other necessary protective measures.

(b) There is a danger of foot injuries due to falling or rolling objects.

(c) There is a danger of objects piercing the sole of the shoe.

(2) An employer shall ensure that safety shoes and boots that are not worn over shoes and that are worn by more than 1 employee are maintained, cleaned, and sanitized inside and out before being issued to another employee.

R 408.13386. Foot protection; requirements.

Rule 3386. If a hazard is created from a process, environment, chemical, or mechanical irritant which could cause an injury or impairment to the feet by absorption or physical contact, other than from impact, then the employer shall provide any of the following to the employee:

(a) Boots.

(b) Overshoes.

(c) Rubbers.

(d) Wooden-soled shoes.

(e) The equivalent to subdivisions (a) to (d) of this subrule.

ELECTRICAL PROTECTIVE EQUIPMENT

History

• History: 1983 AACS.
• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS; 2015 AACS.
• History: 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13387 Design requirements for specific types of electrical protective equipment {#sec-r-408.13387 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13387}

Rule 3387. (1) Rubber insulating blankets, rubber insulating matting, rubber insulating covers, rubber insulating line hose, rubber insulating gloves, and rubber insulating sleeves shall meet the following requirements:

(a) Blankets, gloves, and sleeves shall be produced by a seamless process.

(b) Each item shall be clearly marked as follows:

(i) Class 00 equipment shall be marked class 00.

(ii) Class 0 equipment shall be marked class 0.

(iii) Class 1 equipment shall be marked class 1.

(iv) Class 2 equipment shall be marked class 2.

(v) Class 3 equipment shall be marked class 3.

(vi) Class 4 equipment shall be marked class 4.

(vii) Non-ozone-resistant equipment shall be marked type I.

(viii) Ozone-resistant equipment shall be marked type II.

(ix) Other relevant markings, such as the manufacturer’s identification and the size of the equipment, may also be provided.

(c) Markings shall be non-conducting and shall be applied in such a manner as not to impair the insulating qualities of the equipment.

(d) Markings on gloves shall be confined to the cuff portion of the glove.

(2) Electrical requirements shall be all of the following:

(a) Equipment shall be capable of withstanding the alternating current proof-test voltage specified in Table A or the direct current proof-test voltage specified in Table B.

All of the following apply:

(i) The proof test shall reliably indicate that the equipment can withstand the voltage involved.

(ii) The test voltage shall be applied continuously for 3 minutes for equipment other than matting and shall be applied continuously for 1 minute for matting.

(iii) Gloves shall be capable of separately withstanding the alternating current proof-test voltage specified in Table A after a 16-hour water soak.

(b) When the alternating current proof test is used on gloves, the 60-hertz proof-test current shall not exceed the values specified in Table A at any time during the test period.

All of the following apply:

(i) If the alternating current proof test is made at a frequency other than 60 hertz, the permissible proof-test current shall be computed from the direct ratio of the frequencies.

(ii) For the test, gloves(right side out) shall be filled with tap water and immersed in water to a depth that is in accordance with Table C. Water shall be added to or removed from the glove, as necessary, so that the water level is the same inside and outside the glove.

(iii) After the 16-hour water soak specified in this subrule, the 60-hertz proof-test current shall not exceed the values given in Table A by more than 2 milliamperes.

(c) Equipment that has been subjected to a minimum breakdown voltage test shall not be used for electrical protection. See subrule (3) of this rule.

(d) Material used for Type II insulating equipment shall be capable of withstanding an ozone test, with no visible effects. The ozone test shall reliably indicate that the material will resist ozone exposure in actual use. Any visible signs of ozone deterioration of the material, such as checking, cracking, breaks, or pitting, is evidence of failure to meet the requirements for ozone-resistant material. See subrule (3) of this rule.

(3) Workmanship and finish shall comply with both of the following:

(a) Equipment shall be free of physical irregularities that can adversely affect the insulating properties of the equipment and that can be detected by the tests or inspections required by these rules.

(b) Surface irregularities that may be present on all rubber goods, because of imperfections on forms or molds or because of inherent difficulties in the manufacturing process, and that may appear as indentations, protuberances, or imbedded foreign material are acceptable under the following conditions:

(i) The indentation or protuberance blends into a smooth slope when the material is stretched.

(ii) Foreign material remains in place when the insulating material is folded and stretches with the insulating material surrounding it.

(4) Rubber insulating equipment meeting the national consensus standards in Table 4 is considered to be in compliance with the performance requirements of these rules.

TABLE 2

AMERICAN SOCIETY OF TESTING MATERIALS STANDARDS

STANDARD TITLE

ASTM

NUMBER

EDITION

SUPPLEME

NT Standard Specification for Rubber Insulating Gloves D-120 2009 - Standard Specification for Rubber Insulating Matting D-178 2001 2010 Standard Specification for Rubber Insulating Blankets D-1048 2012 - Standard Specification for Rubber Insulating Covers D-1049 1998 2010 Standard Specification for Rubber Insulating Line Hose D-1050 2005 2011 Standard Specification for Rubber Insulating Sleeves D-1051 2008 - These standards contain specifications for conducting the various tests required in these rules. For example, the alternating current and direct current proof tests, the breakdown test, the water-soak procedure, and the ozone test described in this rule are described in detail in these ASTM standards.

ASTM F-1236 “Standard Guide for Visual Inspection of Electrical Protective Rubber Products,” 1996 Edition with 2012 supplement, as adopted in R 408.13301a, presents methods and techniques for the visual inspection of electrical protective equipment made of rubber.

This guide also contains descriptions and photographs of irregularities that can be found in this equipment ASTM F-819 “Standard Terminology Relating to Electrical Protective Equipment for Workers,” 2010 edition, as adopted in R 408.13301a, includes definitions of terms relating to the electrical protective equipment covered in these rules.

R 408.13387a. Electrical protective equipment.

Rule 3387a. (1) Material other than rubber that offers protection equivalent to or greater than rubber may be used if the material is certified to meet the appropriate ASTM standard tests.

(2) An insulated blanket, glove, or sleeve shall be capable of withstanding the voltage to which it may be subjected.

(3) Exposed conductors or equipment, or both, except for conductors or equipment being directly worked on, that is energized from 750 volts to 28,000 volts phase to ground and that an employee may reach into or touch shall be isolated or covered with at least 1 of the following:

(a) An insulating blanket.

(b) An insulating hood.

(c) An insulating line hose.

(d) An insulating barrier.

(4) An employee shall use insulating gloves and sleeves capable of withstanding the imposed voltage when performing any of the following activities:

(a) Working directly on, or within reaching distance of, a conductor or equipment at a nominal 750 volts or more phase to ground, except when using barehanded techniques or a hot stick. Sleeves are not required for an employee who performs routine switching operations in a substation or powerhouse. An employee who uses gloves and sleeves and works directly on or within reaching distance of a conductor or equipment energized at more than 5,000 volts phase to ground shall do so from an insulated platform or board or an aerial device that has an insulated basket.

(b) Connecting or disconnecting primary neutrals, pole ground wires, or other conductors normally connected to static wires or energized equipment, except that gloves and sleeves shall not be worn while connecting and disconnecting a service neutral or secondary neutral.

(c) Working on a de-energized conductor that extends into an area in which contact may be made with an energized conductor or exposed parts of energized equipment, unless the conductor is grounded or isolated. Insulating sleeves are optional at voltages of less than 750 volts phase to ground.

(5) An employee shall use insulating gloves capable of withstanding the imposed voltage when performing either of the following activities:

(a) When working with a powered or manual hole digger while using booms or using winch lines to install or remove poles or equipment where the hole digger may contact conductors or equipment energized at a voltage of 300 volts or more phase to ground. An employee shall not use the gloves while in the enclosed cab of the equipment.

(b) When working directly on a conductor or equipment energized at a voltage of more than 240 volts phase to ground. This does not include the use of test equipment.

History

• History: 1983 AACS; 1995 AACS; 1997 AACS; 2014 AACS; 2015 AACS; 2016 AACS; 2018 AACS.
• History: 2014 AACS; 2015 AACS.

Mich. Admin. Code R 408.13388 Design requirements for other types of electrical protective equipment {#sec-r-408.13388 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13388}

Rule 3388. (1) The following requirements apply to the design and manufacture of electrical protective equipment that is not covered by R 408.40650:

(2) Insulating equipment used for the protection of employees shall be capable of withstanding, without failure, the voltages that may be imposed upon it.

Note 1 to subrule (2): These voltages include transient over-voltages, such as switching surges, as well as nominal line voltage. See General Industry Safety Standard Part 86 “Electric Power Generation, Transmission, and Distribution,” Appendix B, as referenced in R 408.13301a, for a discussion of transient over-voltages on electric power transmission and distribution systems.

Note 2 to subrule (2): See IEEE 516 “Guide for Maintenance Methods on Energized Power Lines,” 2009 edition, as adopted in R 408.13301a, for methods of determining the magnitude of transient over-voltages on an electrical system and for a discussion comparing the ability of insulation equipment to withstand a transient overvoltage based on its ability to withstand alternating current voltage testing.

(3) Equipment current shall comply with both of the following:

(a) Protective equipment used for the primary insulation of employees from energized circuit parts shall be capable of passing a current test when subjected to the highest nominal voltage on which the equipment is to be used.

(b) When insulating equipment is tested pursuant to these rules, the equipment current may not exceed 1 microampere per kilovolt of phase-to-phase applied voltage.

Note 1 to subrule (3): This rule shall apply to equipment that provides primary insulation of employees from energized parts. It does not apply to equipment used for secondary insulation or equipment used for brush contact only.

Note 2 to subrule (3): For alternating current excitation, this current consists of the following three components:

(a) Capacitive current because of the dielectric properties of the insulating material itself.

(b) Conduction current through the volume of the insulating equipment.

(c) Leakage current along the surface of the tool or equipment.

The conduction current shall be normally negligible. For clean, dry insulating equipment, the leakage current shall be small, and the capacitive current shall predominate.

Note 3 to subrule (3): Plastic guard equipment is considered to conform to the performance requirements of this rule, if it meets, and is used in accordance with ASTM F-712 “Standard Test Methods and Specifications for Electrically Insulating Plastic Guard Equipment for Protection of Workers,” 2006 edition with 2011 supplement, as adopted in R 408.13301a.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.13389 In-service care and use of electrical protective equipment {#sec-r-408.13389 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13389}

Rule 3389. (1) Electrical protective equipment shall be maintained in a safe, reliable condition.

(2) The following specific requirements apply to rubber insulating blankets, rubber insulating covers, rubber insulating line hose, rubber insulating gloves, and rubber insulating sleeves.

(3) Maximum use voltages shall conform to those listed in Table D.

(4) An employer shall ensure that insulating equipment is inspected for damage before each day’s use and immediately following any incident that can reasonably be suspected of causing damage. Insulating gloves shall be given an air test, along with the inspection.

Note to subrule (4): ASTM F-1236 “Standard Guide for Visual Inspection of Electrical Protective Rubber Products,” 1996 Edition with 2012 supplement, as adopted in R 408.13301a, presents methods and techniques for the visual inspection of electrical protective equipment made of rubber. This guide also contains descriptions and photographs of irregularities that can be found in this equipment.

(5) Insulating equipment with any of the following defects shall not be used.

(a) A hole, tear, puncture, or cut.

(b) Ozone cutting or ozone checking, that is, a series of interlacing cracks produced by ozone on rubber under mechanical stress.

(c) An embedded foreign object.

(d) Any of the following texture changes:

(i) Swelling.

(ii) Softening.

(iii) Hardening.

(iv) Becoming sticky or inelastic.

(v) Any other defect that damages the insulating properties.

(6) An employer shall ensure that insulating equipment found to have other defects that might affect its insulating properties is removed from service and returned for testing under subrules (10) and (11) of this rule.

(7) An employer shall ensure that insulating equipment is cleaned as needed to remove foreign substances.

(8) Insulating equipment shall be stored in a location and in a manner as to protect it from all of the following:

(a) Light.

(b) Temperature extremes.

(c) Excessive humidity.

(d) Ozone.

(e) Other damaging substances and conditions.

(9) Protector gloves shall be worn over insulating gloves, except under the following conditions:

(a) Protector gloves need not be used with class 0 gloves, under limited-use conditions, when small equipment and parts manipulation necessitate unusually high finger dexterity.

Note to subrule (9)(a): Persons inspecting rubber insulating gloves used under these conditions shall take extra care in visually examining them. Employees using rubber insulating gloves under these conditions shall take extra care to avoid handling sharp objects.

(b) If the voltage does not exceed 250 volts, ac, or 375 volts, direct current, protector gloves shall not be used with class 00 gloves, under limited-use conditions, when small equipment and parts manipulation necessitate unusually high finger dexterity.

Note to subrule (9)(b): Persons inspecting rubber insulating gloves used under these conditions shall take extra care in visually examining them. Employees using rubber insulating gloves under these conditions shall take extra care to avoid handling sharp objects.

(c) Any other class of glove may be used without protector gloves, under limited-use conditions, when small equipment and parts manipulation necessitate unusually high finger dexterity but only if the employer can demonstrate that the possibility of physical damage to the gloves is small and if the class of glove is 1 class higher than that required for the voltage involved.

(d) Insulating gloves that have been used without protector gloves may not be reused until they have been tested under the provisions of this rule.

(10) Electrical protective equipment shall be subjected to periodic electrical tests.

Test voltages and the maximum intervals between tests shall be pursuant to Table D and Table E.

(11) The test method used in this rule shall reliably indicate whether the insulating equipment can withstand the voltages involved.

Note to subrule (11): The standard electrical test methods considered as meeting this requirement are listed in Table 3.

(12) Insulating equipment failing to pass inspections or electrical tests shall not be used by employees, except as follows:

(a) Rubber insulating line hose may be used in shorter lengths with the defective portion cut off.

(b) Rubber insulating blankets may be salvaged by severing the defective area from the undamaged portion of the blanket. The resulting undamaged area shall not be smaller than 560 millimeters by 560 millimeters (22 inches by 22 inches) for class 1, 2, 3, and 4 blankets.

(c) Rubber insulating blankets shall be repaired using a compatible patch that results in physical and electrical properties equal to those of the blanket.

(d) Rubber insulating gloves and sleeves with minor physical defects, such as small cuts, tears, or punctures, shall be repaired by the application of a compatible patch. Also, rubber insulating gloves and sleeves with minor surface blemishes shall be repaired with a compatible liquid compound. The repaired area shall have electrical and physical properties equal to those of the surrounding material. Repairs to gloves shall be permitted only in the area between the wrist and the reinforced edge of the opening.

(13) An employer shall ensure that repaired insulating equipment is retested before it is used by employees.

(14) The employer shall certify that equipment has been tested pursuant to the requirements of this rule. The certification shall identify the equipment that passed the test and the date it was tested and shall be made available upon request to the department oflicensing and regulatory affairs director and to MIOSHA employees or their authorized representatives.

Note to subrule (14): Marking equipment with, and entering onto logs, the results of the tests and the dates of testing are acceptable means of meeting the certification requirement.

TABLE 3

AMERICAN SOCIETY OF TESTING MATERIALS STANDARDS

STANDARD TITLE

ASTM

NUMBER

EDITIO

N SUPPLEM

ENT Standard Specification for Rubber Insulating Gloves D-120 2009 - Standard Specification for Rubber Insulating Matting D-178 2001 2010 Standard Specification for Rubber Insulating Blankets D-1048 2012 Standard Specification for Rubber Insulating Covers D-1049 1998 2010 Standard Specification for Rubber Insulating Line Hose D-1050 2005 2011 Standard Specification for Rubber Insulating Sleeves D-1051 2008 - Standard Specification for In-Service Care of Insulating Line Hose and Covers F-478 2009 - Standard Specification for In-Service Care of Insulating Blankets F-479 2006 2011 Standard Specification for In-Service Care of Insulating Gloves And Sleeves F-496 2008 - TABLE A ALTERNATING CURRENT PROOF-TEST REQUIREMENTS CLASS OF EQUIPMENT PROOF-TE ST VOLTAGE RMS V Maximum Proof-Test Current, mA (Globes Only) 280-m m (11 in.)

Glove 360-m m (14 in.) Glove 410-m m (16 in.) Glove 460-m m (18 in.) Glove 00 2,500 8 12 - - 0 5,000 8 12 14 16 1 10,000 - 14 16 18 2 20,000 - 16 18 20 3 30,000 - 18 20 22 4 40,000 - - 22 24 TABLE B DIRECT CURRENT PROOF-TEST REQUIREMENTS CLASS OF EQUIPMENT PROOF-TEST VOLTAGE 00 10,000 0 20,000 1 40,000 2 50,000 3 60,000 4 70,000 NOTE: The dc voltages listed in this table are not appropriate for proof testing rubber insulating line hose or covers. For this equipment, dc proof tests shall use a voltage high enough to indicate that the equipment can be safely used at the voltages listed in Table D.

See ASTM D-1050 “Standard Specification for Rubber Insulating Line Hose,” 2005 edition with 2011 supplement and ASTM D-1049 “Standard Specification for Rubber Insulating Covers,” 1998 edition with 2010 supplement, as adopted in R 408.13301a, for further information on proof tests for rubber insulating line hose and covers, respectively.

TABLE C

GLOVE TESTS – WATER LEVEL 1, 2

CLASS OF

GLOVE

ALTERNATING

CURRENT

PROOF TEST

DIRECT CURRENT

PROOF TEST mm in mm in 00 38 1.5 38 1.5 0 38 1.5 38 1.5 1 38 1.5 51 2.0 2 64 2.5 76 3.0 3 89 3.5 102 4.0 4 127 5.0 153 6.0 The water level is given as the clearance from the reinforced edge of the glove to the water line, with a tolerance of ±13 mm. (±0.5 in.).

If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a maximum of 25 mm. (1 in.).

TABLE D

RUBBER INSULATING EQUIPMENT, VOLTAGE REQUIREMENTS

CLASS OF

EQUIPMENT

MAXIMUM

USE VOLTAGE

ALTERNATIN

G CURRENT RMS

RETEST

VOLTAGE

ALTERNATIN

G CURRENT RMS

RETEST

VOLTAGE

DIRECT

CURRENT AVG 00 500 2,500 10,000 0 1,000 5,000 20,000 1 7,500 10,000 40,000 2 17,000 20,000 50,000 3 26,500 30,000 60,000 4 36,000 40,000 70,000 The maximum use voltage is the ac voltage (rms) classification of the protective equipment that designates the maximum nominal design voltage of the energized system that may be safely worked. The nominal design voltage is equal to the phase-to-phase voltage on multiphase circuits. However, the phase-to-ground potential is considered to be the nominal design voltage under the following conditions:

(1) There is no multiphase exposure in a system area and the voltage exposure is limited to the phase-to-ground potential, or (2) The electric equipment and devices are insulated or isolated or both so that the multiphase exposure on a grounded wye circuit is removed.

The proof-test voltage shall be applied continuously for at least 1 minute, but no more than 3 minutes.

TABLE E

RUBBER INSULATING EQUIPMENT TEST INTERVALS

TYPE OF

EQUIPMENT

WHEN TO TEST

Rubber insulating line hose Upon indication that insulating value is suspect and after repair.

Rubber insulating covers Upon indication that insulating value is suspect and after repair.

Rubber insulating blankets Before first issue and every 12 months thereafter; upon indication that insulating value is suspect; and after repair Rubber insulating gloves Before first issue and every 6 months thereafter; upon indication that insulating value is suspect; after repair; and after use without protectors Rubber insulating sleeves Before first issue and every 12 months thereafter; upon indication that insulating value is suspect; and after repair If the insulating equipment has been electrically tested but not issued for service, the insulating equipment shall not be placed into service unless it has been electrically tested within the previous 12 months.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.13390 Rescinded {#sec-r-408.13390 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13390}

HAND PROTECTION

R 408.13392. Hand protection.

Rule 3392. An employer shall select and require employees to use appropriate hand protection when employees’ hands are exposed to hazards, such as those from any of the following:

(a) Skin absorption of harmful substances.

(b) Severe cuts or lacerations.

(c) Severe abrasions.

(d) Punctures.

(e) Chemical burns.

(f) Thermal burns.

(g) Harmful temperature extremes.

R 408.13393. Hand protection; selection.

Rule 3393. (1) An employer shall base the selection of the appropriate hand protection on an evaluation of the performance characteristics of the hand protection related to all of the following:

(a) The task or tasks to be performed.

(b) Conditions present.

(c) Duration of use.

(d) The hazards and potential hazards identified.

(2) Hand protection interiors shall be kept free of corrosive or irritating contaminants.

(3) If more than 1 employee wears a pair of gloves, the gloves shall be sanitized before re-issuance.

BODY PROTECTION

R 408.13394. Body protection.

Rule 3394. (1) An employer shall ensure that each employee who is required to work so that his or her clothing becomes wet due to a condition other than the weather or perspiration uses any of the following:

(a) Aprons.

(b) Coats.

(c) Jackets.

(d) Sleeves.

(e) Other garments that will keep his or her clothing dry.

(2) The material shall be unaffected by the wetting agent.

(3) The provision of dry, clean, acid-resistant clothing, in addition to rubber shoes or short boots and an apron, shall be considered a satisfactory substitute where small parts are cleaned, plated, or acid-dipped in an open tank.

(4) When abrasive blasting is not protected by an enclosure, the operator shall use heavy canvas or leather gloves and aprons or equivalent protection to provide protection from the impact of abrasives.

PERSONAL FALL PROTECTION SYSTEMS

History

• History: 1983 AACS; 1997 AACS; 2014 AACS; 2018 AACS.
• History: 1983 AACS; 1995 AACS; 2014 AACS.
• History: 2014 AACS.
• History: 1983 AACS; 1997 AACS; 2014 AACS.

Mich. Admin. Code R 408.13395a General requirements for personal fall protection systems {#sec-r-408.13395a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395a}

Rule 3395a. (1) An employer shall ensure that personal fall protection systems meet the requirements contained in this standard.

(2) Connectors shall be drop forged, pressed or formed steel, or made of equivalent materials.

(3) Connectors must have a corrosion-resistant finish, and all surfaces and edges shall be smooth to prevent damage to interfacing parts of the system.

(4) When vertical lifelines are used, each employee shall be attached to a separate lifeline.

(5) Lanyards and vertical lifelines shall have a minimum breaking strength of 5,000 pounds (22.2 kN).

(6) Self-retracting lifelines and lanyards that automatically limit free fall distance to 2 feet (0.61 m) or less shall have components capable of sustaining a minimum tensile load of 3,000 pounds (13.3 kN) applied to the device with the lifeline or lanyard in the fully extended position.

(7) A competent person or qualified person shall inspect each knot in a lanyard or vertical lifeline to ensure that it meets the requirements of subrules (5) and (6) of this rule, before any employee uses the lanyard or lifeline.

(8) D-rings, snaphooks, and carabiners shall be capable of sustaining a minimum tensile load of 5,000 pounds (22.2 kN).

(9) D-rings, snaphooks, and carabiners shall be proof tested to a minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, or incurring permanent deformation. The gate strength of snaphooks and carabiners shall be proof tested to 3,600 lbs. (16 kN) in all directions.

(10) Snaphooks and carabiners shall be the automatic locking type that require at least 2 separate, consecutive movements to open.

(11) Snaphooks and carabiners shall not be connected to any of the following unless they are designed for such connections:

(a) Directly to webbing, rope, or wire rope.

(b) To each other.

(c) To a D-ring to which another snaphook, carabiner, or connector is attached.

(d) To a horizontal life line.

(e) To any object that is incompatibly shaped or dimensioned in relation to the snaphook or carabiner such that unintentional disengagement could occur when the connected object depresses the snaphook or carabiner gate, allowing the components to separate.

(12) An employer shall ensure that each horizontal lifeline is as follows:

(a) Is designed, installed, and used under the supervision of a qualified person.

(b) Is part of a complete personal fall arrest system that maintains a safety factor of at least 2.

(13) Anchorages used to attach to personal fall protection equipment shall be independent of any anchorage used to suspend employees or platforms on which employees work. Anchorages used to attach to personal fall protection equipment on mobile work platforms on powered industrial trucks shall be attached to an overhead member of the platform, at a point located above and near the center of the platform.

(14) Anchorages, except window cleaners’ belt anchors covered by R 408.13395d to R 408.13395g, shall be able to do either of the following:

(a) Capable of supporting at least 5,000 pounds (22.2 kN) for each employee attached.

(b) Designed, installed, and used, under the supervision of qualified person, as part of a complete personal fall protection system that maintains a safety factor of at least 2.

(15) Travel restraint lines shall be capable of sustaining a tensile load of at least 5,000 pounds (22.2 kN).

(16) Lifelines must not be made of natural fiber rope. Polypropylene rope must contain an ultraviolet (UV) light inhibitor.

(17) Personal fall protection systems and their components shall be used exclusively for employee fall protection and not for any other purpose, such as hoisting equipment or materials.

(18) A personal fall protection system or its components subjected to impact loading shall be removed from service immediately and not used again until a competent person inspects the system or components and determines that it is not damaged and safe for use for employee personal fall protection.

(19) Personal fall protection systems shall be inspected before initial use during each workshift for mildew, wear, damage, and other deterioration, and defective components shall be removed from service.

(20) Ropes, belts, lanyards, and harnesses used for personal fall protection shall be compatible with all connectors used.

(21) Ropes, belts, lanyards, lifelines, and harnesses used for personal fall protection shall be protected from being cut, abraded, melted, or otherwise damaged.

(22) An employer shall provide for prompt rescue of each employee in the event of a fall.

(23) Personal fall protection systems shall be worn with the attachment point of the body harness located in the center of the employee's back near shoulder level. The attachment point may be located in the pre-sternal position if the free fall distance is limited to 2 feet (0.6 m) or less.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395b System performance criteria for personal fall arrest systems {#sec-r-408.13395b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395b}

Rule 3395b. (1) Personal fall arrest systems shall comply with the requirements of R 408.13395a.

(2) An employer shall ensure that personal fall arrest systems comply with all of the following:

(a) Limit the maximum arresting force on the employee to 1,800 pounds (8 kN).

(b) Bring the employee to a complete stop and limit the maximum deceleration distance the employee travels to 3.5 feet (1.1 m).

(c) Have sufficient strength to withstand twice the potential impact energy of the employee free falling a distance of 6 feet (1.8 m), or the free fall distance permitted by the system.

(d) Sustain the employee within the system and strap configuration without making contact with the employee’s neck and chin area.

(e) When the personal fall arrest system meets the criteria and protocols in Appendix D “Personal Fall Protection Systems,” Non-Mandatory Guidelines, and is being used by an employee having a combined body and tool weight of less than 310 pounds (140 kg), the system is considered to be in compliance with the provisions of subrule (2)(a) to (c) of this rule.

(f) When the system is used by an employee having a combined body and tool weight of 310 pounds (140 kg) or more and the employer has appropriately modified the criteria and protocols in Appendix D “Personal Fall Protection Systems,”

Non-Mandatory Guidelines, then the system is deemed to be in compliance with the requirements of subrule (2)(a) to (c) of this rule.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395c System use criteria for personal fall arrest systems {#sec-r-408.13395c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395c}

Rule 3395c. (1) An employer shall ensure that any horizontal lifeline that may become a vertical lifeline, the device used to connect to the horizontal lifeline is capable of locking in both directions on the lifeline.

(2) An employer shall ensure that the personal fall arrest systems are rigged in such a manner that the employee cannot free fall more than 6 feet (1.8 m) or contact a lower level. A free fall may be more than 6 feet (1.8 m) provided the employer can demonstrate the manufacturer designed the system to allow a free fall of more than 6 feet and tested the system to ensure a maximum arresting force of 1,800 pounds (8 kN) is not exceeded.

(3) Body belts are prohibited as part of a personal fall arrest system.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395d Positioning systems for personal fall protection systems {#sec-r-408.13395d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395d}

Rule 3395d. An employer shall ensure that all positioning systems, except window cleaners’ positioning systems, are capable of withstanding, without failure, a drop test consisting of a 4-foot (1.2-m) drop of a 250-pound (113-kg) weight.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395e Window cleaners’ positioning systems {#sec-r-408.13395e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395e}

Rule 3395e. (1) An employer shall ensure that all window cleaners’ positioning systems are capable of withstanding, without failure, a drop test consisting of a 6-foot (1.8-m) drop of a 250-pound (113-kg) weight.

(2) An employer shall ensure that all window cleaners’ positioning systems limit the initial arresting force on the falling employee to not more than 2,000 pounds (8.9 kN), with a duration not exceeding 2 milliseconds and any subsequent arresting forces to not more than 1,000 pounds (4.5 kN).

(3) An employer shall ensure positioning systems, including window cleaners’ positioning systems, meet the test methods and procedures in Appendix D “Personal Fall Protection Systems,” Non-Mandatory Guidelines, are considered to be in compliance R 408.13395d and R 408.13395e.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395f Lineman's body belt and pole strap systems {#sec-r-408.13395f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395f}

Rule 3395f. An employer shall ensure that all lineman’s body belt and pole strap systems meet the following tests:

(a) A dielectric test of 819.7 volts, AC, per centimeter, 25,000 volts per foot, for 3 minutes without visible deterioration.

(b) A leakage test of 98.4 volts, AC, per centimeter, 3,000 volts per foot, with a leakage current of no more than 1 mA.

(c) A flammability test in accordance with Table F “Flammability Test.”

TABLE F

FLAMMABILITY TEST

Test Method Criteria for Passing Test 1. Vertically suspend a 19.7-inch (500-mm) length of strapping supporting a 220.5-lb (100-kg) weight.

Any flames on the position strap must self-extinguish.

The positioning strap must continue to support the 220.5-lb 2. Use a butane or propane burner with a 3-inch (76-mm) flame.

3. Direct the flame to an edge of the strapping at a distance of 1 inch (25 mm).

4. Remove the flame after 5 seconds.

(100-kg) mass.

5. Wait for any flames on the positioning strap to stop burning.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.13395g System use criteria for window cleaners’ positioning systems {#sec-r-408.13395g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13395g}

Rule 3395g. An employer shall ensure that window cleaners’ positioning systems meet and are used in accordance with the following:

(a) Window cleaners’ belts are designed and constructed to comply with both of the following:

(i) Belt terminals will not pass through their fastenings on the belt or harness if a terminal comes loose from the window anchor.

(ii) The length of the runner from terminal tip to terminal tip is 8 feet (2.44 m) or less.

(b) Window anchors to which belts are fastened are installed in the side frames or mullions of the window at a point not less than 42 inches (106.7 cm) and not more than 51 inches (129.5 cm) above the window sill.

(c) Each window anchor is capable of supporting a minimum load of 6,000 pounds (26.5 kN).

(d) Use of installed window anchors for any purpose other than attaching the window cleaner’s belt is prohibited.

(e) A window anchor that has damaged or deteriorated fastenings or supports is removed, or the window anchor head is detached so the anchor cannot be used.

(f) Rope that has wear or deterioration that affects its strength is not used.

(g) Both terminals of the window cleaner’s belt are attached to separate window anchors during any cleaning operation.

(h) No employee works on a window sill or ledge on which there is snow, ice, or any other slippery condition, or one that is weakened or rotted.

(i) No employee works on a window sill or ledge unless he or she complies with either of the following:

(i) The window sill or ledge is a minimum of 4 inches (10 cm) wide and slopes no more than 15 degrees below horizontal.

(ii) The 4-inch minimum width of the window sill or ledge is increased 0.4 inches (1 cm) for every degree the sill or ledge slopes beyond 15 degrees, up to a maximum of 30 degrees.

(j) The employee attaches at least 1 belt terminal to a window anchor before climbing through the window opening, and keeps at least 1 terminal attached until completely back inside the window opening.

(k) Except as provided in subdivision (l) of this rule, the employee travels from 1 window to another by returning inside the window opening and repeating the belt terminal attachment procedure at each window in accordance with subdivision (j) of this rule.

(l) An employee using a window cleaner’s positioning system may travel from 1 window to another while outside of the building, provided the employee complies with all of the following:

(i) At least 1 belt terminal is attached to a window anchor at all times.

(ii) The distance between window anchors does not exceed 4 feet (1.2 m) horizontally. The distance between windows may be increased up to 6 feet (1.8 m) horizontally if the window sill or ledge is at least 1 foot (0.31 m) wide and the slope is less than 5 degrees.

(iii) The sill or ledge between windows is continuous.

(iv) The width of the window sill or ledge in front of the mullions is at least 6 inches (15.2 cm) wide.

History

• History: 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13398 Rescinded {#sec-r-408.13398 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13398}

History

• History: 1983 AACS; 2014 AACS.

R 408.13701 to R 408.13738 Part 37. Accident Prevention Signs and Tags

Mich. Admin. Code R 408.13701 Scope {#sec-r-408.13701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and MCL 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 37. ACCIDENT PREVENTION SIGNS AND TAGS

GENERAL PROVISIONS

Rule 3701. (1) This part provides specifications for the design, application, and use of signs or symbols and tags to define or signal a specific hazard in, around or about a place of employment where the failure to designate a hazard could harm workers or the public, or both, or to property damage.

(2) These specifications are intended to cover all safety signs except those designed for streets, highways, and railroads. These specifications do not apply to plant bulletin boards or to safety posters.

(3) All new signs and replacements of old signs shall be in accordance with these specifications.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.13702 Applicability {#sec-r-408.13702 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13702}

Rule 3702. An employer who has an established sign or tag system or policy on the effective date of this part which is equivalent to that prescribed in this part may continue with the policy or system if the key color prescribed in the rule is used. The key color:

(a) Of danger is red.

(b) Of caution is yellow.

(c) Of safety is green.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13703 Definitions; A to D {#sec-r-408.13703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13703}

Rule 3703. (1) “Accident prevention sign” means the surface on which letters or markings are used to warn of a hazard, provide safety instructions, or provide directions.

An accident prevention sign may be temporarily or permanently affixed or placed.

(2) “Accident prevention tag” means the surface on which letters or markings are used to warn of an existing or immediate hazard and which is temporarily attached to a part of equipment or structure.

(3) Biological hazard" or "BIOHAZARD" means those infectious agents presenting a risk of death, injury, or illness to employees.

(4) “Caution sign or tag” means a sign or tag used to warn of a potential hazard or to warn against an unsafe practice.

(5) “Danger sign or tag” means a sign or tag used to signal an immediate hazard.

(6) “Do not start tag” means a tag used to tag out a starting mechanism which would cause a hazard if started.

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13704 Definitions; E to S {#sec-r-408.13704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13704}

Rule 3704. (1) “Exit sign” means a sign used to designate a point of discharge from a room or building.

(2) “In-plant traffic sign” means a sign used to direct the safe use of a vehicle on plant property.

(3) "Major message" means that portion of a tag's inscription that is more specific than the signal word and that indicates the specific hazardous condition or the instruction to be communicated to the employee. Examples include: "High Voltage," "Close Clearance,"

"Do Not Start," or "Do Not Use" or a corresponding pictograph used with a written text or alone.

(4) “Out of order tag” means a tag used to indicate a machine is malfunctioning and its use might create a hazard.

(5) "Pictograph" means a pictorial representation used to identify a hazardous condition or to convey a safety instruction.

(6) “Plant thoroughfare” means the company streets on plant property.

(7) “Safety instruction sign” means a sign used for general instruction or suggestion relative to safety.

(8) "Sign" refers to a surface as prepared for the warning of, or safety instructions of, industrial workers or members of the public who may be exposed to hazards. “Sign” does not mean news releases, displays commonly known as safety posters, or bulletins used for employee education.

(9) "Signal word" means that portion of a tag's inscription that contains the word or words that are intended to capture the employee's immediate attention.

(10) "Tag" means a device usually made of card, paper, pasteboard, plastic, or other material used to identify a hazardous condition.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.13705 Adoption of standards by reference; access to other MIOSHA rules {#sec-r-408.13705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13705}

Rule 3705. (1) This standard is adopted by reference in these rules, American National Standard Institute Standard ANSI Z53.1, “USA Standard Safety Color Code for Marking Physical Hazards,” 1971 edition, and is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules of $20.00.

(2) The following standards are adopted by reference in these rules and are available from the American Society of Agricultural and Biological Engineers (ASABE), 2950 Niles Road, St. Joseph, Michigan 49085, Phone: (269) 429-0300 or via the internet at website: http://www.asabe.org/, at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American Society of Agricultural Engineers Standard ASAE R276, “Emblem for Identifying Slow-Moving Vehicles,” 1966 edition. Cost: $80.00.

(b) ASAE S276.2 “Slow-Moving Vehicle Identification Emblem,” 1968 edition.

Cost: $80.00.

(3) The standards adopted in subrules (1) and (2) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in subrules (1) and (2) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The General Industry Safety Standard Part 6 “Fire Exits,” R 408.10601 to R 408.10698, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13706 Employer responsibility {#sec-r-408.13706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13706}

Rule 3706. An employer shall provide, install and maintain signs and tags as prescribed by this part where an employee might be or would likely be injured if not alerted to the hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13707 Signs generally {#sec-r-408.13707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13707}

Rule 3707. (1) All signs shall be furnished with rounded or blunt corners and shall be free of sharp edges, burrs, splinters, or other sharp projections. The ends or heads of bolts or other fastening devices shall be located in such a way that they do not constitute a hazard.

(2) Danger signs. The colors red, black, and white shall be those of opaque glossy samples as specified in table 1 “Fundamental Specification of Safety Colors for CIE Standard Source "C",” in American National Standard Institute ANSI standard Z53.1, “USA Standard Safety Color Code for Marking Physical Hazards,” 1971 edition, as adopted in R 408.13705.

(3) Caution signs. Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black.

The colors shall be those of opaque glossy samples as specified in Table 1 in ANSI Z53.1, 1971 edition, as adopted in R 408.13705.

(4) Safety instruction signs. Standard color of the background shall be white; and the panel, green with white letters. Any letters used against the white background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 in ANSI Z53.1, 1971 edition, as adopted in R 408.13705.

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13708 Lettering {#sec-r-408.13708 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13708}

Rule 3708. (1) A letter shall be block style, upper case for the upper panel, and upper or upper and lower case for the lower panel.

(2) Letter size shall be determined by the length of the message and maximum visibility and readability. See table 1 for a guide for minimum letter height at safe viewing distance.

(3) Table 1 read as follows:

TABLE 1

Minimum Viewing Height of Distance Letters (Feet) (Inches) 5...............................................200-250 4 1/2...........................................150-200 4...............................................120- 150 3 1/2...........................................105-120 3...............................................90-105 2 1/2...........................................75-90 2...............................................60-75 1 1/2...........................................40-60 1...............................................30-40 3/4.............................................20-30 1/2.............................................10-20 1/4.............................................Less than 10 Note 1: Crowding of letters and words reduces legibility.

Note 2: A rule-of-thumb of 35-40 feet viewing distance per inch of letter height may be used for heights of letters greater than 5 inches.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13709 Sign placement and illumination {#sec-r-408.13709 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13709}

Rule 3709. (1) An accident prevention sign shall be so placed:

(a) To alert and inform in time to avoid the hazard or to take appropriate action.

(b) As to be legible, without distraction and not create a hazard in itself.

(c) On a movable object or adjacent so that it will not be obscured when the object is moved.

(2) An accident prevention sign shall be displayed with not less than 2 footcandles of illumination at or near the point of installation during hours when an employee would be present.

CLASSIFICATION OF SIGNS

History

• History: 1979 AC.

Mich. Admin. Code R 408.13711 Danger signs {#sec-r-408.13711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13711}

Rule 3711. (1) A danger sign shall be used only where an immediate hazard exists. The sign shall be removed when the hazard is removed.

(2) A danger sign shall have the signal word “danger” in white within a red oval outlined in white on a black rectangular background in the upper panel. The lower panel where additional wording may be used shall be black or red letters on a white background. (See figure 1.)

(3) Danger signs shall have no variation in the type of design of signs posted to warn of specific dangers and radiation hazards.

(4) An employee shall be instructed that a danger sign indicates immediate danger and that special precautions are necessary.

(5) Figure 1 reads as follows:

Figure 1 Danger Sign

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13713 Caution signs {#sec-r-408.13713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13713}

Rule 3713. (1) A caution sign shall be used to warn of a potential hazard or to caution against an unsafe practice.

(2) A caution sign shall have the signal word "caution" in yellow on a black background in the upper panel. The lower panel where additional wording may be used shall be black letters on a yellow background. (See examples in figure 2 and table 2.)

(3) An employee shall be instructed that a caution sign indicates a possible hazard and that proper precautions shall be taken.

(4) Figure 2 reads as follows:

FIGURE 2

Caution Sign

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13714 Exit signs {#sec-r-408.13714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13714}

Rule 3714. (1) An exit sign shall be used as prescribed in subrule (3) of R 408.10685 and R 408.10686 of the General Industry Safety Standard Part 6 “Fire Exits,” as referenced in R 408.13705.

(2) An exit sign installed after December 13, 1974 shall consist of red or white letters on a contrasting red or white field. An internally illuminated sign shall consist of translucent letters either red or white on a contrasting background of red or white. The background may be either opaque or translucent.

(3) A directional arrow used on an exit sign shall be the same color as the word “exit.”

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13715 Safety instruction signs {#sec-r-408.13715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13715}

Rule 3715. (1) A safety instruction sign shall be used for a general instruction or suggestion relative to safety measures.

(2) A safety instruction sign shall have the signal word in white on a green background in the upper panel. The lower panel where additional wording may be used shall be black letters on a white background. (See examples in table 2.)

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13716 Directional signs {#sec-r-408.13716 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13716}

Rule 3716. (1) A safety related directional sign shall have a white arrow on a black upper panel with the lower panel white and any letters in black.

(2) A directional arrow used on a danger, caution, and safety instructional sign shall be black.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13717 Rescinded {#sec-r-408.13717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13717}

History

• History: 1979 AC; 1983 AACS; 1997 AACS.

Mich. Admin. Code R 408.13718 Rescinded {#sec-r-408.13718 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13718}

SYMBOLS

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13721 Emblem for slow-moving vehicles {#sec-r-408.13721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13721}

Rule 3721. (1) An emblem, as prescribed in figure 3, shall be used on the rear of a vehicle used on a public road which, by design, moves at 25 miles per hour or less outside a building.

(2) An emblem, described in subrule (1) of this rule, shall not be used as a clearance marker for wide machinery or as a replacement for required lighting.

(3) Advertising or other markings shall not be placed on the emblem.

(4) This slow-moving vehicle emblem shall consist of a fluorescent yellow-orange triangle with a dark red reflective border. (See figure 3.)

It shall be entirely visible in daylight and at night from all distances between 600 and 100 feet from the rear when directly in front of the lawful upper beam of the headlamps.

(5) The emblem shall be mounted, point up, in a plane perpendicular to the direction of travel, plus or minus 10 degrees. It shall be placed centrally at the rear of the vehicle, unobscured, and 2 to 6 feet above the ground measured from the lower edge of the emblem. It shall be securely attached to the vehicle.

(6) The material, location, mounting, and other elements, of the emblem shall be in accordance with the American Society of Agricultural Engineers Standard ASAE R276, “Emblem for Identifying Slow-Moving Vehicles,” 1966 edition or ASAE S276.2 “Slow- Moving Vehicle Identification Emblem,” 1968 edition, as adopted in R 408.13705.

(7) Figure 3 reads as follows:

Slow-Moving Vehicle Emblem Note: All dimensions are in inches.

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13722 Rescinded {#sec-r-408.13722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13722}

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13723 Sign wordings {#sec-r-408.13723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13723}

Rule 3723. (1) The wording of any sign shall be easily read and concise. The sign shall contain sufficient information to be easily understood. The wording shall make a positive, rather than negative suggestion and shall be accurate in fact.

(2) The biological hazard warning signs shall be used to signify the actual or potential presence of a biohazard and to identify equipment, containers, rooms, materials, experimental animals, or combinations thereof, which contain, or are contaminated with, viable hazardous agents.

Note: For the purpose of this rule the term "biological hazard," or "biohazard," shall include only those infectious agents presenting a risk or potential risk to the well-being of man.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13724 Accident prevention tags {#sec-r-408.13724 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13724}

Rule 3724. (1) These rules apply to all accident prevention tags used to identify hazardous conditions and provide a message to employees with respect to hazardous conditions, as set forth in R 408.13731, or to meet the specific tagging requirements of other Michigan Occupational Safety and Health Administration (MIOSHA) standards.

(2) This rule does not apply to construction or agriculture.

TAGS

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13731 Tags generally {#sec-r-408.13731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13731}

Rule 3731. (1) An accident prevention tag shall be used as a temporary means of warning an employee of an existing hazard, such as defective tools or equipment.

A tag shall not be used in place of an accident prevention sign or considered a complete warning method.

(2) A tag shall be affixed by string, wire, or adhesive.

(3) A tag shall be large enough to attract attention to the hazard, with the minimum letter size for the signal word in perspective to a safe viewing distance in accordance with R 408.13708.

(4) The signal word shall be in bolt type.

(5) There shall be no variation in the type of design of tags posted or hung to warn of a specific hazard.

(6) A tag shall be protected or be of such material to last and maintain legibility during the assignment of the tag.

(7) Tags shall be used as a means to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment, or operations and which are out of the ordinary, unexpected, or not readily apparent.

(8) Tags shall be used until such time as the identified hazard is eliminated or the hazardous operation is completed.

(9) Tags need not be used where signs, guarding, or other positive means of protection are being used.

History

• History: 1979 AC; 1983 AACS; 1988 AACS; 2014 AACS.

Mich. Admin. Code R 408.13731a General tag criteria {#sec-r-408.13731a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13731a}

Rule 3731a. All required tags shall meet the following criteria:

(a) Tags shall contain a signal word and a major message, like any of the following:

(i) The signal word shall be either "Danger," "Caution," "Biological Hazard,"

"BIOHAZARD," or the biological hazard symbol.

(ii) The major message shall indicate the specific hazardous condition or the instruction to be communicated to the employee.

(b) The signal word shall be readable at a minimum distance of five feet (1.52 m) or such greater distance as warranted by the hazard.

(c) The tag's major message shall be presented in either pictographs or written text, or both.

(d) The signal word and the major message shall be understandable to all employees who may be exposed to the identified hazard.

(e) All employees shall be informed as to the meaning of the various tags used throughout the workplace and what special precautions are necessary.

(f) Tags shall be affixed as close as is safely possible to their respective hazards by a positive means such as string, wire, or adhesive that prevents their loss or unintentional removal.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13732 "Do not start" tags {#sec-r-408.13732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13732}

Rule 3732. A "do not start" tag shall be used to tag out the starting mechanism of equipment that would cause a hazardous condition if activated, unless it is locked out.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13733 “Danger” tags {#sec-r-408.13733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13733}

Rule 3733. A “danger” tag shall be used only in major hazard situations where an immediate hazard presents a threat of death or serious injury to employees.

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13734 “Caution” tags {#sec-r-408.13734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13734}

Rule 3734. A “caution” tag shall be used only in minor hazard situations where a nonimmediate or potential hazard or unsafe practice presents a lesser threat of employee injury.

History

• History: 1979 AC; 1983 AACS; 2014 AACS.

Mich. Admin. Code R 408.13734a Warning tags {#sec-r-408.13734a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13734a}

Rule 3734a. Warning tags may be used to represent a hazard level between "Caution" and "Danger," instead of the required "Caution" tag, provided that they have a signal word of "Warning," an appropriate major message, and otherwise meet the general tag criteria of R 408.13731a.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13735 "Out of order" tags {#sec-r-408.13735 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13735}

Rule 3735. An "out of order" tag should be used only for the specific purpose of indicating that equipment or machinery is out of order and that its use might create a hazard.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13736 Rescinded {#sec-r-408.13736 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13736}

History

• History: 1983 AACS; 1997 AACS.

Mich. Admin. Code R 408.13737 Biological hazard tags {#sec-r-408.13737 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13737}

Rule 3737. (1) Biological hazard tags shall be used to identify the actual or potential presence of a biological hazard and to identify equipment, containers, rooms, experimental animals, or combinations thereof that contain or are contaminated with hazardous biological agents.

(2) The symbol design for biological hazard tags shall conform to the design shown below in Figure 2:

FIGURE 2

BIOLOGICAL HAZARD SYMBOL CONFIGURATION

History

• History: 2014 AACS.

Mich. Admin. Code R 408.13738 Other tags {#sec-r-408.13738 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13738}

Rule 13738. Other tags may be used in addition to those required by these rules or in other situations where these rules do not require tags, provided that they do not detract from the impact or visibility of the signal word and major message of any required tag.

Rule 4501 Rescinded.

History

• History: 2014 AACS.

R 408.13801 to R 408.13882 Part 38. Hand and Portable Powered Tools

Mich. Admin. Code R 408.13801 Scope {#sec-r-408.13801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13801}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 38. HAND AND PORTABLE POWERED TOOLS

Rule 3801. This part provides for the safe maintenance, operation and use of hand tools and portable powered tools, regardless of ownership in, around or about a place of employment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13802 Adoption of standards by reference {#sec-r-408.13802 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13802}

Rule 3802. (1) The American National Standard Institute (ANSI) Standard, ANSI A10.3 “Powder-Actuated Fastening Systems,” 1977 edition, is adopted by reference in these rules and is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules of $20.00.

(2) The standard adopted in subrule (1) of this rule is also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standard adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The Michigan occupational safety and health standard General Industry Safety Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398, is referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2013 AACS.

Mich. Admin. Code R 408.13804 Definitions; C to F {#sec-r-408.13804 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13804}

Rule 3804. (1) "Chain fall" means a manually powered hoisting device employing a load bearing chain and an endless hand chain to raise or lower loads.

(2) "Explosive load" means a substance capable of producing a propellant force in a powder actuated tool.

(3) "Fastener driver" means a portable powered tool such as a nut runner, impact wrench, stapler, screw driver, nailer and riveter.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13805 Definitions; H {#sec-r-408.13805 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13805}

Rule 3805. (1) "Hammer actuated piston tool" means a device which, when struck by a hammer and supplemented by an explosive load, moves a captive piston to drive a fastener into a work surface.

(2) "Hand tool" means an instrument used or worked by hand.

(3) "High velocity tool" means a device which, when used with an explosive load, propels a fastener at a velocity more than 300 feet per second when measured 6 1/2 feet from the muzzle end of the tool.

(4) "Hoist and puller," sometimes called a come-along, means a portable, manually operated device for lifting, lowering or moving by a pulling force.

(5) "Hot stick" means a dielectric tool extension used when working on energized conductors and apparatus.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13806 Definitions; J to M {#sec-r-408.13806 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13806}

Rule 3806. (1) "Jack" or "ram" means a device, except an automobile bumper jack, used for lifting, lowering or moving a load by application of a pushing force.

(2) "Low velocity tool" means a device which, when used with an explosive load, propels a fastener at a velocity less than 300 feet per second when measured 6 1/2 feet from the muzzle end of the tool.

(3) "Mushroom" means to overrun the shank or head of a tool by battering the striking end.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13807 Definitions; P {#sec-r-408.13807 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13807}

Rule 3807. (1) "Platen sander" means a portable powered tool which has abrasive paper fastened to a base or platen which moves in an orbital oscillating motion.

(2) "Pneumatic powered nut runner" means an air operated wrench used to drive a threaded fastener into or onto a work piece.

(3) "Portable powered stapler and nailer," other than general office staplers, means a tool which drives a staple or nail by mechanical, pneumatic or electrical power into a work piece.

(4) "Portable powered tool" means a tool carried and moved by hand and powered by something other than manual force.

(5) "Powder actuated tool" means a device for making instantaneous forced entry into materials by use of a tool, a fastener and an explosive load.

(6) "Protective shield" means a device or guard attached to the muzzle end of a powder actuated tool to confine flying particles.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13808 Definitions; R, S {#sec-r-408.13808 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13808}

Rule 3808. (1) "Rating" means the maximum working load for which an object is designed to handle under given circumstances.

(2) "Stall type tool" means a powered nut runner which stalls out under load but maintains pressure on the fastener until the power supply to the motor is manually terminated by means of a throttle release or other power disconnect.

R 408.13811. Employer responsibility.

Rule 3811. An employer shall do both of the following:

(a) Ensure that an employee has been trained in the use of hand tools and portable powered tools before authorizing their use.

(b) Maintain, or require to be maintained, hand tools and portable powered tools free of defects that could cause injury to an employee.

R 408.13812. Employee responsibilities.

Rule 3812. An employee shall not use a tool for other than its designated or approved use.

History

• History: 1979 AC.
• History: 1979 AC; 1983 AACS; 1993 AACS; 2013 AACS.
• History: 1979 AC; 1993 AACS; 2013 AACS.

Mich. Admin. Code R 408.13821 Storage and handling {#sec-r-408.13821 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13821}

Rule 3821. (1) A hand tool or portable powered tool shall be stored in a manner to prevent damage which would make the tool unsafe for use.

(2) A sharp or pointed tool, such as, but not limited to, chisels, drill bits, and awls, shall be carried in 1 of the following ways:

(a) With the edges or points protected.

(b) In a tool tray.

(c) In a cart.

(d) In a sheath.

(e) In the hand with the sharp edges turned away from the body.

(3) A sharp or pointed tool, when stored in a rack or bin, shall have the sharp edge or point inward or otherwise protected or stored to prevent injury.

R 408.13822. Inspection.

Rule 3822. (1) A portable pneumatic grinder not legibly marked with the manufacturer’s rated speed shall not be used.

(2) A tool shall be inspected visually by the employee using the tool for safe operation before daily use, and, when found defective, it shall be removed from service.

History

• History: 1979 AC; 1983 AACS.
• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.13823 Controls {#sec-r-408.13823 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13823}

Rule 3823. (1) A hand-held powered circular saw having a blade diameter more than 2 inches; an electric, hydraulic, or pneumatic chain saw; and a percussion tool without positive accessory holding means shall be equipped with a constant pressure switch or control that will shut off the power when the pressure is released. A gasoline-powered, hand-operated tool shall be equipped with a constant pressure throttle. A throttle position lock may be provided for starting only.

(2) All of the following hand-held tools shall be equipped with a constant pressure switch or control and may have a lock-on control if turn off can be accomplished by a single motion of the same finger or fingers that turn it on:

(a) A powered drill.

(b) Tapper.

(c) Fastener driver.

(d) Grinder with a wheel more than 2 inches in diameter.

(e) Disc sander with disc more than 2 inches in diameter.

(f) Belt sander.

(g) Reciprocating saw.

(h) Saber saw.

(i) Scroll saw.

(j) Jig saw with a blade shank more than a nominal 1/4 inch.

(k) Similarly operating power tools.

(3) Other hand-held powered tools, such as, but not limited to the following, may be equipped with either a positive on-off control or other control prescribed in subrules (1) and (2) of this rule:

(a) A platen sander.

(b) Grinder with a wheel 2 inches or less in diameter.

(c) Disc sander with discs 2 inches or less in diameter.

(d) Router.

(e) Planer.

(f) Laminate trimmer.

(g) Nibbler.

(h) Shear.

(i) Saber saw.

(j) Scroll saw.

(k) Jig saw with blade shank of a nominal 1/4 inch or less.

(4) The operating control on a hand-held power tool shall be located so as to prevent accidental operation, if such operation would constitute a hazard to an employee.

(5) A hand-held power tool shall be disconnected from its power source when it is serviced or the point of operation device is changed by a device or tool, except for a hand-held drill less than 3/8 inch, platen sander, 2 inch belt sander, or scroll saw.

(6) Subrule (1) to (5) of this rule do not apply to the following:

(a) Concrete vibrators.

(b) Concrete breakers.

(c) Powered tampers.

(d) Jack hammers.

(e) Rock drills.

(f) Garden appliances.

(g) Household and kitchen appliances.

(h) Personal care appliances.

(i) Medical or dental equipment.

(j) Fixed machinery or equipment.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13824 Modification {#sec-r-408.13824 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13824}

Rule 3824. A tool and its power source shall not be modified, except by an authorized and trained employee or qualified outside service.

HAND TOOL PROVISIONS

History

• History: 1979 AC.

Mich. Admin. Code R 408.13831 General; hand tools {#sec-r-408.13831 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13831}

Rule 3831. A hand tool shall be used only for the purpose for which it was designed or approved.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13832 Rescinded {#sec-r-408.13832 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13832}

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13833 Abrasive blast cleaning nozzles {#sec-r-408.13833 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13833}

Rule 3833. (1) An abrasive blast cleaning nozzle shall be equipped with a constant pressure control.

(2) An abrasive blast cleaning nozzle shall be mounted on a support when not in use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13834 Axes, hatchets, hammers, and mauls {#sec-r-408.13834 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13834}

Rule 3834. An axe, hatchet, hammer, or maul handle shall be replaced when it becomes cracked, broken or splintered. A wood handle shall be secured with wedges or equivalent means.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13835 Chisels, punches, star drills, drift pins, and wedges {#sec-r-408.13835 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13835}

Rule 3835. (1) A chisel, punch, star drill, drift pin, or wedge with a metal striking end shall not be used when the end becomes mushroomed. The striking end shall be ground with a crowned radius and beveled edge.

(2) The working end of a chisel, punch, star drill, drift pin, or wedge shall be maintained as designed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13836 Files and rasps {#sec-r-408.13836 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13836}

Rule 3836. A file or rasp with a tang shall be equipped with a handle fitted and secured to the tang, when in use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13838 Jacks; use {#sec-r-408.13838 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13838}

Rule 3838. (1) The rated capacity of a jack shall not be exceeded. The rated capacity shall be permanently marked on the jack.

(2) A jack shall be set on or against a firm foundation or blocking. If a jack, at the point of contact with the load, can slip, a wood block or nonslip device shall be placed between the cap and the load.

(3) A jack shall be equipped with a means such as, but not limited to, a stop, a bypass, an indicator or other device which shall be watched to prevent overrun.

(4) After a load has been raised or moved, it shall be secured by cribbing, blocks or stands before work is started under or between the supported load.

(5) A hydraulic jack exposed to freezing temperatures shall be protected by use of an anti-freeze liquid.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13839 Jacks; inspection {#sec-r-408.13839 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13839}

Rule 3839. (1) A jack shall be inspected for leaks, mechanical defects and lubrication according to the following requirements:

(a) Not less than semi-annually.

(b) Before and after a special use or abnormal shock.

(c) After repairs or servicing.

(2) A defective jack shall be tagged and removed from service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13840 Knives {#sec-r-408.13840 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13840}

Rule 3840. (1) A fixed blade knife shall be carried in a sheath, in a tray or other equivalent protective means.

(2) A folding knife which cannot be locked in place shall not be used in a manner where the blade could fold on the fingers.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13841 Pliers {#sec-r-408.13841 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13841}

Rule 3841. Pliers with sprung jaws, a worn face, or worn joint pin shall be replaced.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13843 Screwdrivers {#sec-r-408.13843 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13843}

Rule 3843. (1) An object being worked on with a screwdriver shall not be held in the hand, on the lap or under the arm, except when protection is afforded by the object or other means.

(2) A screwdriver used for electrical work shall be equipped with a nonconductive handle. The shank and fasteners shall not project through the handle.

(3) A blade type screwdriver shall be maintained with a flat tip at right angles to the shank and have almost parallel faces.

(4) A screwdriver with 1 of the following defects shall not be used:

(a) Split or broken handle.

(b) Cracked or broken handle.

(c) Loose shank in handle.

(d) Worn blade.

(e) Bent shank of a straight screwdriver.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13844 Wrenches {#sec-r-408.13844 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13844}

Rule 3844. (1) A wrench with spread, distorted or cracked jaws shall not be used.

(2) A wrench, except a wrench designed for that purpose, shall not be subjected to hammering.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13845 Chain falls and hoist and pullers; capacity {#sec-r-408.13845 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13845}

Rule 3845. (1) A chain fall or hoist and puller shall be used at not more than its rated capacity.

(2) The capacity of a chain fall or hoist and puller shall be permanently labeled or marked on it.

(3) An accessory, such as a chain or cable used to secure or support a chain fall or hoist and puller, shall have a capacity of not less than the chain fall or hoist and puller.

(4) An object subject to a lift or pull by a chain fall shall have the capacity to absorb the lift or pull without creating a hazard to an employee in the area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13846 Chain falls and hoist and pullers; use {#sec-r-408.13846 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13846}

Rule 3846. (1) A chain fall or hoist and puller shall be secured to an anchorage and the load attached to the chain fall or hoist and puller in a manner which will prevent inadvertent disengagement.

(2) When a chain fall or hoist and puller are under tension of a load, a positive action shall be required to release the tension.

(3) A hoist and puller lever handle shall not be operated with an extension handle except as furnished by the manufacturer.

(4) A chain fall or hoist and puller shall be visually inspected for observable defects before each job use by the employee using the tool.

R 408.13847. Hot sticks.

Rule 3847. (1) A hot stick and any tool attached to it shall be clean and inspected for damage before use.

(2) A hot stick which has been repaired by a knowledgeable employee or an outside service and tested to meet the requirements of subrule (3) of this rule.

(3) A new hot stick purchased after June 1, 1983, shall not be used unless it has been certified and labeled by the manufacturer to meet the following standards:

(a) Fiberglass, 100,000 volts per foot of length for 5 minutes, or any equivalent test.

(b) Wood, 75,000 volts per foot of length for 3 minutes, or any equivalent test.

(4) A hot stick shall be stored in a manner to protect it from damage. A hot stick made of wood shall be protected from moisture.

(5) A hot stick shall not be used in excess of the rated capacity certified by the manufacturer.

(6) The minimum working distance and minimum clear hot stick distances prescribed in table 1, when using live-line tools, shall not be violated.

(7) Table 1 reads as follows:

TABLE 1

ALTERNATING CURRENT — MINIMUM DISTANCES

Voltage Range (Phase To Phase) Kilovolt Minimum Working and Clear Hot Stick Distance 2.1 to 15 2 ft. 0 in. 15.1 to 35 2 ft. 4 in. 35.1 to 46 2 ft. 6 in. 46.1 to 72.5 3 ft. 0 in. 72.6 to 121 3 ft. 4 in. 138 to 145 3 ft. 6 in. 161 to 169 3 ft. 8 in. 230 to 242 5 ft. 0 in. 345 to 362 7 ft. 0 in. 500 to 552 11 ft. 0 in 700 to 765 15 ft. 0 in.

NOTE: For 345-362 kV. 500-552 kV. and 700-765 kV., the minimum working distance and the minimum clear hot stick distance may be reduced provided that such distances are not less than the shortest distance between the energized part and the grounded surface.

PORTABLE POWERED TOOL PROVISIONS

History

• History: 1979 AC.
• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.13861 Portable powered tools generally {#sec-r-408.13861 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13861}

Rule 3861. (1) An electrically powered tool shall have an approved ground unless it is double-insulated and carries a permanent label or mark so stating.

(2) A pneumatically powered tool shall be equipped with a tool retainer where the absence of a retainer would result in a tool being ejected.

(3) Hose and hose fittings used with pneumatic powered tools shall have pressure ratings not less than the supply source.

(4) Hose connections shall have a positive-locking action or the connecting sections shall have a safety chain to restrain any whipping action if the sections become disconnected.

(5) An air supply line shall be regulated to maintain the pressure at not more than the pneumatic tool rating.

(6) Safety devices and operating controls shall not be made inoperative.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13863 Portable circular saws {#sec-r-408.13863 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13863}

Rule 3863. (1) A portable, power driven circular saw with a blade more than 2 inches in diameter shall have guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for bevel cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall return to the covering position automatically and instantly.

(2) The guard shall not be tied back or removed except for servicing.

(3) A cracked circular saw blade shall be removed from service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.13864 Portable pneumatic grinders {#sec-r-408.13864 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13864}

Rule 3864. (1) A portable pneumatic grinder shall be operated at a speed of not more than the grinder's rated speed.

(2) A line supplying air to a portable pneumatic grinder regulated by a governor shall be equipped with a filter to remove water, contaminated oil and dirt.

(3) A portable pneumatic grinder regulated by a governor shall be provided with a continuous lubrication means.

R 408.13865. Powered stapler and nailers.

Rule 3865. (1) A portable powered stapler or nailer, capable of driving a fastener with a diameter more than .0475 inch — 18 gauge A.W.G., at more than 75 feet per second, shall be designed so that the operator is required to make not less than 2 separate operations to activate the tool with 1 operation being to place the tool against the work surface.

(2) The design shall prevent discharge of the stapler during loading or when dropped.

(3) A portable powered stapler or nailer shall not be pointed or discharged at other than the work piece.

(4) The operator of a portable powered stapler or nailer and those employees within the striking distance of its fastener shall be provided with and use eye protection as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.13802.

(5) A positive actuation of the operator control shall be required to propel each fastener from a powered stapler or nailer.

(6) When relieving a jam-up of a fastening device, the source of power shall be disconnected.

(7) At the beginning of each shift, a portable powered stapler and nailer shall be tested for safe operation.

(8) Safety devices and operating controls shall not be made inoperative.

History

• History: 1979 AC.
• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.13866 Pneumatic powered nut runner {#sec-r-408.13866 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13866}

Rule 3866. (1) A pneumatic powered angle nut runner with a trigger type operating control shall have the control located so that the reaction force of the runner does not create additional pressure on the trigger.

(2) A mechanical means shall be provided to absorb torque reaction of a stall type tool and used where:

(a) The resultant sustained force on an operator of an angle head nut runner or an inline tool with dual offset handles is more than 50 pounds.

(b) The reaction torque from an inline nut runner with a single offset handle is more than 100 inch pounds.

(c) The reaction torque of an inline nut runner without an offset handle is more than 30 inch pounds.

(3) A powered nut runner other than a stall type shall be provided a device, such as a reaction bar, when the reaction force on the operator is such that the operator cannot control the tool.

POWDER ACTUATED TOOLS

R 408.13871. Powder actuated tools; design and construction.

Rule 3871. Powder-actuated tools shall be designed and constructed as prescribed in section 6 of ANSI A10.3 “Powder-Actuated Fastening Systems,” 1977 edition, as adopted in R 408.13802.

History

• History: 1979 AC.
• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.13872 Powder-actuated tools generally {#sec-r-408.13872 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13872}

Rule 3872. (1) An employer who uses powder-actuated tools shall establish and maintain, at the place of employment, a list or other record of employees qualified and trained to operate powder-actuated tools of the type provided by the employer.

(2) An employee shall receive training and instruction from 1 of the following:

(a) A dealer or distributor of powder-actuated tools who has been authorized by the tool manufacturer to provide such training.

(b) An authorized employee of a powder-actuated tool manufacturer.

(c) An employer or an authorized employer representative.

(3) A powder-actuated tool which is found not to be in proper working order or which develops a defect during use shall be immediately removed from service, tagged, and not used until repaired. The tag shall be as prescribed in R 408.13731.

(4) The employer shall have a defective powder-actuated tool repaired only by an authorized repairperson.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13873 Powder-actuated tools; training {#sec-r-408.13873 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13873}

Rule 3873. (1) The training of an employee to use a powder-actuated tool shall, at a minimum, include the following items:

(a) Cleaning.

(b) Inspection.

(c) Operation.

(d) Use limitations.

(e) Power levels.

(f) Misfire procedure.

(2) Before approving an employee as an operator of a powder-actuated tool, the employer shall have the employee demonstrate competence by actually operating the powder-actuated tool in a safe manner.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13874 Power levels {#sec-r-408.13874 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13874}

Rule 3874. (1) The power level for cased or caseless loads shall be identified by a color and numbering system as prescribed in table 2, except that caseless loads are limited to power levels 1 to 6. The combination of the case color and load color shall designate the load level. Both the explosive load and the carton or box shall provide visual indication of the load level.

(2) Studs or other fasteners used in a powder-actuated tool shall be only those specifically manufactured for use in such tools.

(3) Table 2 reads as follows:

TABLE 2

Nominal Power Case Color Load Color Velocity Level (+,- 45 fps) 1 Brass Gray 300 2 Brass Brown 390 3 Brass Green 480 4 Brass Yellow 570 5 Brass Red 660 6 Brass Purple 750 7 Nickel Gray 840 8 Nickel Brown 930 9 Nickel Green 1020 10 Nickel Yellow 1110 11 Nickel Red 1200 12 Nickel Purple 1290 Note: The nominal velocity applies to 3/8-inch diameter 350-grain ballistic slug fired in a test device and has no reference to actual velocity developed in any specific size or type of tool.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13875 Powder-actuated tool defects and misfires {#sec-r-408.13875 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13875}

Rule 3875. (1) In case of a misfire, the operator shall hold the powder-actuated tool in the operating position for not less than 30 seconds. The operator shall then try to operate the tool a second time.

The operator shall wait another 30 seconds, holding the tool in the operating position, and the the operator shall proceed to remove the explosive load in strict accordance with the manufacturer's instructions.

(2) Misfired cartridges shall be placed carefully in a container filled with water and shall be disposed of in a safe manner.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.13876 Rescinded {#sec-r-408.13876 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13876}

FUEL POWERED TOOLS

R 408.13881. Refueling; operation in enclosed area prohibited; exception.

Rule 3881. (1) A fuel-powered tool shall be stopped while being refueled, serviced, or maintained.

(2) A fuel-powered tool shall not be operated in an enclosed area, unless the toxic fumes are below the maximum allowable limits prescribed by Michigan occupational safety and health administration (MIOSHA) standards.

(3) Where refueling is done with a portable container, the container shall be an approved safety can with an automatic closing cap and flame arrestor.

History

• History: 1979 AC; 1983 AACS.
• History: 1979 AC; 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.13882 Chain saws {#sec-r-408.13882 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13882}

Rule 3882. (1) A chain saw shall be used only for cutoff work such as cutting trees, limbs, poles and beams. A chain saw shall not be used to open a hole in a solid object such as a floor, wall, or panel. Chain saws that are specifically designed for firefighting operations to cut holes in roofs, floors, and walls are exempt from this rule.

(2) A chain saw shall be equipped with a positive-type on-off ignition switch that is conveniently located to allow the operator to move it into the off position without relinquishing his or her grip on the saw.

(3) A manual chain oiler control, if provided on a chain saw, shall be located so that it can be operated without relinquishing a secure grip on the saw.

(4) An engine throttle control, if provided on a chain saw, shall be located so that it can be operated without relinquishing a secure grip on the saw.

(5) A chain saw shall have a guard that protects the throttle lever from casual contact from brush or other foreign objects.

(6) A chain saw that is equipped with a centrifugal clutch shall have a throttle control, carburetor, and clutch system so that the engine idle speed becomes lower than the clutch engagement speed if the throttle control is released, thereby allowing the chain to come to a complete stop.

(7) A chain saw's moving parts, such as a flywheel, rotating screen or clutch, shall be guarded. A saw's chain shall be guarded adjacent to the handle area and the sawdust shall be directed away from the operator.

(8) A saw's chain shall be stopped if it is not being used for sawing.

(9) A chain saw shall be carried by the top handle with the guide bar to the rear.

(10) A chain saw shall not be started within 10 feet of the place where it was refueled.

History

• History: 1979 AC; 1993 AACS.

R 408.13901 to R 408.13905 Part 39. Design Safety Standards for Electrical Systems

Mich. Admin. Code R 408.13901 Scope {#sec-r-408.13901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 39. DESIGN SAFETY STANDARDS FOR ELECTRICAL SYSTEMS

Rule 3901. These rules establish the minimum electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces. These rules cover design safety standards for electric utilization systems and include all electric equipment and installations used to provide electric power and light for employee workplaces.

R 408.13902. Adoption of federal standards.

Rule 3902. (1) The following federal occupational safety and health administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.302 “Electric utilization systems.”

(b) 29 C.F.R. §1910.303 “General.”

(c) 29 C.F.R. §1910.304 “Wiring design and protection.”

(d) 29 C.F.R. §1910.305 “Wiring methods, components, and equipment for general use.”

(e) 29 C.F.R. §1910.306 “Specific purpose equipment and installations.”

(f) 29 C.F.R. §1910.307 “Hazardous (classified) locations.”

(g) 29 C.F.R. §1910.308 “Special systems.”

(h) 29 C.F.R. §1910.399 “Definitions applicable to this subpart.”

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under 1974 PA 154, MCL 408.1001 to 408.1094.

(3) A reference to C.F.R. §1910.147 “General Environmental Controls-The control of hazardous energy (lockout/tagout),” means General Industry Safety Standard Part 85 “The Control of Hazardous Energy Sources,” as referenced in R 408.13905.

(4) A reference to C.F.R. §1910.332 “Electrical-Training,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.13905.

History

• History: 1994 AACS; 2015 AACS.
• History: 1994 AACS; 2007 AACS; 2015 AACS.

Mich. Admin. Code R 408.13905 Availability of adopted and referenced rules {#sec-r-408.13905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.13905}

Rule 3905. (1) The following regulations are adopted by reference in these rules and are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules:

(a) 29 C.F.R. §1910.302 “Electric Utilization Systems,” February 14, 2007.

(b) 29 C.F.R. §1910.303 “General,” October 29, 2008.

(c) 29 C.F.R. §1910.304 “Wiring design and protection,” October 29, 2008.

(d) 29 C.F.R. §1910.305 “Wiring methods, components, and equipment for general use,” February 14, 2007.

(e) 29 C.F.R. §1910.306 “Specific purpose equipment and installations,” February 14, 2007.

(f) 29 C.F.R. §1910.307 “Hazardous (classified) locations,” February 14, 2007.

(g) 29 C.F.R. §1910.308 “Special systems,” February 14, 2007.

(h) 29 C.F.R. §1910.399 “Definitions applicable to this subpart,” April 11, 2014.

(2) The standards adopted in these rules are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/miohastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009.

(b) General Industry Safety Standard Part 85 “The Control of Hazardous Energy Sources,” R 408.18501 to R 408.18599.

(5) The appendices to these rules are informational only and are not intended to create any additional obligations or requirements not otherwise imposed by these rules or to detract from any established obligations or requirements.

History

• History: 2015 AACS.

R 408.14001 to R 408.14009 Part 40. Electrical Safety Related Work Practices

Mich. Admin. Code R 408.14001a Rescinded {#sec-r-408.14001a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14001a}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 40. SAFETY-RELATED WORK PRACTICES

R 408.14001. Adoption and availability of standards.

Rule 4001. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.331 “Scope,” as amended October 5, 2015.

(b) 29 CFR 1910.332 “Training,” as amended August 6, 1990.

(c) 29 CFR 1910.333 “Selection and use of work practices,” as amended January 31, 1994.

(d) 29 CFR 1910.334 “Use of equipment,” as amended November 1, 1990.

(e) 29 CFR 1910.335 “Safeguards for personnel protection,” as amended August 6, 1990.

(2) A reference to 29 CFR 1910.399 and 1910.303 to 1910.308 means General Industry Safety Standards Part 39. “Design Safety Standards for Electrical Systems.”

(3) A reference to 29 CFR 1910.269 means General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution.”

(4) A reference to 29 CFR 1910.268 means General Industry Safety and Health Standard Part 50. “Telecommunications.”

(5) A reference to 29 CFR 1910.147 means General Industry Safety Standards Part 85. “The Control of Hazardous Energy Sources (Lockout/Tagout).”

(6) A reference to 29 CFR part 1910 subpart I or 29 CFR 1910.137 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

(7) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(8) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(9) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(10) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(11) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater then 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.” R 408.13301 to R 408.13398.

(b) General Industry Safety Standards Part 39. “Design Safety Standards for Electrical Systems.” R 408.13901 to R 408.13905.

(c) General Industry Safety and Health Standard Part 50. “Telecommunications.”

R 408.15001 to R 408.15004.

(d) General Industry Safety Standards Part 85. “The Control of Hazardous Energy Sources (Lockout/Tagout).” R 408.18501 to R 408.18599.

(e) General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution.” R 408.18601 to R 408.18610.

History: 1992 AACS; 2015 AACS; 2018 AACS.

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14001b Rescinded {#sec-r-408.14001b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14001b}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14002 Rescinded {#sec-r-408.14002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14002}

History

• History: 1992 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14003 Rescinded {#sec-r-408.14003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14003}

History

• History: 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.14004 Rescinded {#sec-r-408.14004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14004}

History

• History: 1992 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14005 Rescinded {#sec-r-408.14005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14005}

History

• History: 1992 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14006 Rescinded {#sec-r-408.14006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14006}

History

• History: 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.14007 Rescinded {#sec-r-408.14007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14007}

History

• History: 1992 AACS; 2018 AACS.

Mich. Admin. Code R 408.14008 Rescinded {#sec-r-408.14008 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14008}

History

• History: 1992 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.14009 Rescinded {#sec-r-408.14009 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14009}

History

• History: 1992 AACS; 2015 AACS; 2018 AACS.

R 408.14201 to R 408.14273 Part 42. Forging

Mich. Admin. Code R 408.14201 Scope {#sec-r-408.14201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 42. FORGING

GENERAL PROVISIONS

Rule 4201. This part provides safety for life, limb, and health in or about places of employment and applies to all classes of power-forging machinery both for drop forging and flat-die forging, including steam hammers, pneumatic hammers, mechanically operated hammers, forging presses, forging rolls, trimming presses, bulldozers, upsetting machines, bolt-heading and rivet-making machines and power shears, and incidental operations and equipment in connection with such machinery.

Excluded are cold forging operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14203 Definitions; A to C {#sec-r-408.14203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14203}

Rule 4203. (1) "Aisle" means a path of travel for vehicles and employees and which is not used for work and storage space.

(2) "Board drop hammer" means a hammer equipped with boards attached to the ram which when propelled by motor driven friction rolls raises the ram and attachments.

(3) "Cylinder head" means a cover attachment for the top of a steam cylinder.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14204 Definitions; F, G {#sec-r-408.14204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14204}

Rule 4204. (1) "Forging press" means a mechanically or hydraulically operated press using closed or flat dies.

(2) "Forging rolls (reducing rolls)" means rolls used as equipment for forging or swaging operations. Forging rolls are required essentially for reducing short, thick stock sections into long, slender sections and to perform or reduce cross-sectional areas of billets before the finished forging operation.

(3) "Guide bolt" means a bolt which passes through the hammer columns and secures the ram guides in the pocket.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14205 Definitions; H to P {#sec-r-408.14205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14205}

Rule 4205. (1) "Hammer" means a machine designed to shape forgings by means of impact between dies. The force of the impact is by gravity or power supplied by steam, air or mechanical means.

(2) "Mechanical hammer" means a gravity hammer which uses hydraulic or mechanical devices, such as friction rolls with boards, belts, or ropes to raise the ram and attachments.

(3) "Point of operation" means the area of a machine, die, or tool where material is actually worked.

(4) "Power shear" means a machine equipped with opposing shear blades and which cuts bar stock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14207 Definitions; R, S {#sec-r-408.14207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14207}

Rule 4207. (1) "Rod gland" means a sleeve at the bottom of a cylinder through which a piston rod passes.

(2) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the actual safe load or working stress when in use.

(3) "Steam or pneumatic hammer" means a hammer using steam or air to provide energy in a cylinder to raise the hammer for a gravity drop and in case of a double action hammer to increase the force of the impact on the forging.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14208 Definitions; T to W {#sec-r-408.14208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14208}

Rule 4208. (1) "Tie plate" means a plate located and attached to the upper structure of hammer columns and on which the steam cylinder is mounted.

(2) "Trained and authorized" means to have received instructions regarding specified duties and to have permission to perform those duties.

(3) "Trim press" means a class of auxiliary forging equipment which removes flash or excess metal from a forging.

(4) "Upsetting machine" means a horizontal forging machine employing a set of gripper dies that holds stock while the ram or header slide forces the stock into shape and size.

(5) "Walkaway" means a path of travel for foot traffic only.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14221 Rescinded {#sec-r-408.14221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14221}

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.14222 Aisles {#sec-r-408.14222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14222}

Rule 4222. An aisle for vehicular traffic shall be not less than the width of the widest vehicle or load plus 3 feet. An aisle shall be outlined by marking.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14223 Platforms {#sec-r-408.14223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14223}

Rule 4223. A platform used on the floor in front of a machine shall be designed to hold the weight imposed on it without creating a tripping hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14224 Lighting and controls {#sec-r-408.14224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14224}

Rule 4224. (1) Machinery and equipment shall be provided with a minimum of 15 footcandles light intensity to fall upon the general area. When natural light is insufficient, artificial light shall be provided. Direct or reflected glare and shadows, including moving shadows, should be avoided.

(2) A manually operated valve or switch for power forging equipment shall be identified as to function and accessible to the operator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14225 Rescinded {#sec-r-408.14225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14225}

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.14226 Use of lead {#sec-r-408.14226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14226}

Rule 4226. The following safety requirements apply to lead casts or other use of lead in a forge shop or die shop:

(a) Thermostatic control of heating elements shall be provided to maintain melting temperature at not more than 750 degrees Fahrenheit.

(b) A covered container shall be provided to store dross skimmings.

(c) Equipment shall be kept clean, particularly from accumulations of lead oxide.

(d) A sign shall be posted in the work area prohibiting eating in the area and calling attention to dangers of oral ingestion of lead dust from hands and clothing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14227 Scale removers, oil swabs, and tongs {#sec-r-408.14227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14227}

Rule 4227. (1) If an oil swab, scale brush, or other device is required to remove scale, it shall be long enough to enable the employee to perform the job without placing his hands within the point of operation.

(2) Tongs shall be of sufficient length to clear the body of the worker in case of kickback, and shall not have sharp handle ends. The worker should be instructed in the proper body position when using tongs. Tongs should be checked periodically to see that they remain at the proper hardness level for the job. When rings or equivalent devices for locking tongs are used, they should be inspected periodically to ensure safe condition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14231 Rescinded {#sec-r-408.14231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14231}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14232 Personal protective equipment {#sec-r-408.14232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14232}

Rule 4232. (1) Protective goggles or spectacles shall be provided to, and used by, all employees where a face and eye hazard exists. Protective goggles and spectacles shall comply with the requirements of general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(2) Head protection shall be provided to, and used by, all employees where a head hazard exists. Head protection shall comply with the requirements of general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(3) Foot or toe protection shall be provided to, and used by, all employees in accordance with general industry safety standard, Part 33.

Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code, where a foot or toe hazard exists.

(4) Other types of personal protective equipment, such as aprons, spats, sleeves, and specialty gloves other than lightweight cotton or similar types of gloves, shall be provided to, and used by, employees when such personal protective equipment is required for the protection of the employee from hazards.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14241 Guards, hammers, and forge presses {#sec-r-408.14241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14241}

Rule 4241. (1) The portion of a treadle at the rear of a hammer shall be guarded so that scrap or other material cannot collect below this portion of the treadle and prevent it from returning to normal position.

(2) A treadle shall be blocked or otherwise secured during the time an employee is exposed under the ram or between the dies.

(3) A scale guard constructed of not less than 20 gauge sheet steel or equivalent material shall be provided at the back of a hammer, so arranged as to stop flying objects and anchored or secured so that it cannot tip or fall.

(4) A foot operated device, such as a treadle, pedal, bar, valve, or switch, shall be substantially and effectively protected from unintended operation.

HAMMER AND FORGE PRESSES

History

• History: 1979 AC.

Mich. Admin. Code R 408.14242 Hammer installation {#sec-r-408.14242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14242}

Rule 4242. (1) A hammer shall be installed on or anchored to a foundation of such strength as to support the imposed weight and normal work stress.

(2) A press shall be installed in a manner that it will remain in position or it shall be anchored to a foundation of such strength as to support the imposed weight and normal work stress.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14243 Ram props and blocks {#sec-r-408.14243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14243}

Rule 4243. A ram prop or block shall be provided and used at each hammer when dies are changed or repaired. The prop or block shall have a handle on the side. One of the following shall be used:

(a) A wooden ram prop or block of hardwood and complying with not less than the specifications of table 1. The ends shall be square.

(b) A steel ram prop of not less than 2 1/2-inch outside diameter by 2-inch inside diameter, or a structural shape of equal strength, with squared ends.

(c) Other material which shall be of equal or greater strength as required for steel in subdivision (b).

Figure for 408.14243

History

• History: 1979 AC.

Mich. Admin. Code R 408.14244 Hammer die keys {#sec-r-408.14244 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14244}

Rule 4244. (1) A hammer die key and shims shall be made from a grade of material which does not crack or splinter when treated. A die key shall project not more than 3 inches in front or in back of the ram or die.

(2) A head of a key shall be kept free of mushrooming and splitting by grinding off any flaring.

(3) A head of a manual key driver shall be kept free of mushrooming by grinding or machining. A cutting torch shall never be used for this. A driver shall be suspended from a securely fastened beam with chain or cable of sufficient size to handle the weight of the driver plus a safety factor of 5. Chain, cable and fasteners shall be kept free of twisted, bent or elongated links. A driver shall be made of steel that will not chip on impact.

(4) A pneumatic key driver is recommended. The driver shall be made of steel that will not chip on impact.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14245 Hammer cylinder heads and fasteners {#sec-r-408.14245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14245}

Rule 4245. Parts, such as, but not limited to, a cylinder head and fasteners for a cylinder head, glands, tie plates and guide bolts, which are subject to failure shall be secured by use of a safety cable strung to them.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14246 Steam and pneumatic hammers {#sec-r-408.14246 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14246}

Rule 4246. (1) A steam or air hammer shall be equipped with a functional safety cylinder head to act as a cushion if the piston rod breaks or pulls out of the ram.

(2) A steam hammer shall be provided with a quick access emergency shut-off valve identified by name or color in the supply, sometimes called admission, pipeline at a location within reach of the operator. This valve shall be closed and locked in the “off” position while the hammer is being adjusted, repaired, or serviced, or when the die are being changed, except where necessary to move the ram.

(3) If the steam hammer cylinder is constructed without a self-draining arrangement, a drain cock shall be provided which shall be piped to a sump or drain pipe.

(4) A pneumatic hammer shall have a drain cock on the main head cylinder and on the clamp cylinder, if a clamp cylinder is provided.

(5) Steam or air pressure at the hammer shall be no higher than that for which the hammer is designed. A pressure regulator and safety valve at the source of power or at the equipment, whichever is applicable, shall be used to insure this.

(6) A steam pipe shall be covered where exposed to contact. Pipe supports or other effective means shall be provided to prevent failure from vibration, expansion, or contraction.

(7) Steam or air piping shall be as prescribed in ANSI B31.1.0-1967, Power piping, with addenda issued before April 28, 1971, which is incorporated herein by reference and may be inspected at the Lansing office of the Department of Licensing and Regulatory Affairs.

This standard may be purchased from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com, at a cost as of the time of adoption of these rules of $96.00 each.

(8) Where it is necessary to service a steam cylinder, a fixed platform, as prescribed in R 408.14249(2), shall be provided, or the employee shall wear a safety belt and lanyard, with the lanyard secured to the hammer or a structural member.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14247 Mechanically operated hammers and forging presses {#sec-r-408.14247 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14247}

Rule 4247. (1) A mechanically operated hammer or forging press shall be provided with a means for disconnecting the power. Acceptable methods include the following:

(a) A disconnect switch ahead of the starter on the primary line with provision for locking and within reach from the floor. Power shall be locked off when the machine is being repaired or serviced.

(b) A tight and loose pulley on a countershaft, with a belt shifter, with a means to lock it in the "off" position. The belt shifter shall be within easy reach of the operator.

(c) A clutch or drive pulley, with a clutch handle, with a means to lock it in the "off" position. The clutch handle shall be within easy reach of the operator.

(2) Springs suspending the ram in a mechanically operated hammer shall be enclosed or restrained from flying in case of breakage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14248 Point of operation devices {#sec-r-408.14248 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14248}

Rule 4248. Effective August 31, 1974, the following shall pertain to a mechanically operated hammer used for cold re-strike operations:

(a) Where only 1 hand is used for holding the material, a safety stop, dog or catch shall be provided to prevent the ram from descending until this device has been released and is held out of the way by the other hand, or a hand lever instead of a foot treadle shall be provided for tripping the hammer.

(b) On a hammer where neither hand is used for holding the material, there shall be provided a point of operation device that restrains the operator from inadvertently reaching into the point of operation or which automatically withdraws the operator's hands if they are within the point of operation as the dies close, or a tripping lever or safety stop or both that will require concurrent use of both hands to trip the hammer.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14249 Board drop hammers {#sec-r-408.14249 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14249}

Rule 4249. (1) On a board drop hammer a guard constructed of 20 gauge sheet steel or stronger must be provided around the board above the rolls to prevent the board from falling if the board breaks or comes loose from the ram.

(2) Where work must be done at or near the rolls of a board hammer, a fixed or portable platform equipped with a guardrail system must be provided and used in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

(3) Roll release levers and front friction rods on a board hammer must be prevented from falling by being secured to the hammer frame by cable, chain or an equally effective means.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.14251 Forging presses {#sec-r-408.14251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14251}

Rule 4251. (1) Forging press operating valves shall be located so that the operator will have a clear and unobstructed view of the press when standing in the usual operation position. If this arrangement is impossible, a mirror shall be installed in front of the operator to assist him in obtaining a full view of the press.

(2) When dies are being changed or maintenance is being performed on a press, the following shall be accomplished:

(a) The energy source to a mechanical press shall be locked out, and the flywheel shall be at rest before work begins.

(b) The hydraulic pumps and power apparatus of the hydraulic press shall be locked out.

(c) Blocking shall be provided and used to prevent the ram from dropping.

The material shall equal or exceed specifications in table 1.

Die design shall take into consideration the need for a flat spot for the block.

(3) Location of steam, air, or water headers and scale or splash aprons shall give the operator sufficient clearance at the front of the forging press for any upward or downward movement of the tongs without creation of a pinch point between these facilities and the tongs.

(4) A hot forging press shall be equipped with a scale guard, as prescribed in R 408.14241(3).

(5) A forging press shall be provided with a positive means for retaining a piston and head assembly inside the counterbalance cylinder in case of failure or breakage of the piston and rod assembly.

(6) An electrical motor shall be provided with a disconnect switch, as prescribed in R 408.14247(1). A hydraulic forging press shall be equipped with a positive type lockout disconnecting switch or valve.

(7) Fire resistant fluids shall be used in a hydraulic press forming hot work.

(8) Die bolts shall not be worn or damaged, and shall be long enough to permit being threaded into die bolt holes a distance not less than 1 1/2 times the diameter of the bolt. Washers shall not be used in multiple to compensate for excessive lengths of bolts.

(9) A mechanical foot pedal or foot switch shall be covered on both sides and top with a substantial guard to prevent accidental tripping. The guard shall have rolled, broad, or covered edges to prevent injury or discomfort. The mechanical foot pedal shall be mounted to a press leg or anchored to the floor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14252 Inspection {#sec-r-408.14252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14252}

Rule 4252. (1) Daily visual observation, without dismantling, shall be made of a forging hammer and forge press to insure the safe condition of bolts, screws, keys, valves, and all parts of treadles and clutches and other operating mechanisms that might become loose by vibration.

(2) A periodic and regular maintenance safety inspection shall be made of forging machinery and equipment, including guards and point of operation protection devices by a trained and authorized employee.

(3) A record shall be made and maintained to show the date of inspection, equipment number and condition found.

OTHER MACHINES

History

• History: 1979 AC.

Mich. Admin. Code R 408.14261 Trim presses {#sec-r-408.14261 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14261}

Rule 4261. (1) A trim press shall be provided with a main disconnect switch as prescribed in R 408.14247(1).

(2) A trim press shall be provided with a safety block or prop as prescribed in R 408.14243. Die design shall take into consideration and provide a suitable flat area in the die for locating and using blocking material.

(3) A trim press shall be fed by devices as prescribed in R 408.14251(10).

History

• History: 1979 AC.

Mich. Admin. Code R 408.14263 Bulldozers {#sec-r-408.14263 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14263}

Rule 4263. A guard shall be attached to the side of the moving head of a bulldozer and shall extend past the stationary head to prevent persons from stepping between the dies, or another method may be used which offers equal protection.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14265 Bolt heading and rivet-making machines {#sec-r-408.14265 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14265}

Rule 4265. (1) A treadle (pedal) of a bolt heading or rivet-making machine shall be guarded as prescribed in R 408.14251(9).

(2) A bolt header or rivet-making machine shall be equipped with a positivetype lockout device as prescribed in R 408.14247(1).

(3) A screen shield shall be installed across point-of-operation on a bolt heading or rivet-making machine to protect against flying pieces.

(4) Tension or relief springs on a bolt heading or rivet-making machine shall be guarded.

(5) Safety blocks as prescribed in R 408.14243 shall be used when required while working on, removing, or setting dies.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14267 Power shears {#sec-r-408.14267 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14267}

Rule 4267. (1) The maximum size and specification of material being sheared on a power shear, as recommended by the manufacturer of the shear, shall not be exceeded.

(2) Effective point-of-operation guarding shall be provided at both the feeding end and discharge end of a power shear.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14268 Material-handling equipment {#sec-r-408.14268 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14268}

Rule 4268. Material-handling equipment shall be of such capacity and size as to safely handle the imposed load of the dies and containers.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14269 Tumbling barrels and shot blasts {#sec-r-408.14269 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14269}

Rule 4269. (1) A tumbling barrel shall have all of the following:

(a) Have fittings to the barrel dust-tight or the barrel enclosed in a booth with an exhaust system as approved by the state department of licensing and regulatory affairs.

(b) Be locked in place while being loaded or unloaded.

(c) Have an interlocked barrier across the front before it can be started.

(2) A shot blast cleaning chamber shall have doors, curtains including silhouettes, or guards to protect the operator.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14271 Upsetting machines {#sec-r-408.14271 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14271}

Rule 4271. (1) An upsetter pedal (treadle) shall be guarded as prescribed in R 408.14251(9).

(2) A shut-off valve or safety switch for service equipment on an upsetter, such as air lines, electric lines and water and oil lines, shall be located conveniently for the operator, and each shall be distinctly marked for ease of identification.

(3) A positive type lockout device for disconnecting the power to the upsetter shall be provided as prescribed in R 408.14247(1).

(4) An upsetting machine shall be installed so that it will remain on its foundation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14273 Billet heating furnaces {#sec-r-408.14273 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14273}

Rule 4273. (1) A billet heating furnace shall be equipped with an automatic valve on the main fuel line which will shut off in case of electrical or fuel supply failure.

(2) Radiant heat from a billet furnace shall be controlled by 1 or more of the following methods:

(a) Reflective shields of aluminum or materials of equal reflectivity.

(b) Controlled openings.

(c) Evaporative cooling.

(d) Water jackets.

(e) Chain curtains.

(3) An exhaust system shall be provided as prescribed by the state department of licensing and regulatory affairs.

Editor's Note: An obvious error in R 408.14273 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code, 2013. The memorandum requesting the correction was published in Michigan Register, 2016 MR 10.

History

• History: 1979 AC; 2013 AACS.

R 408.14401 to R 408.14498 Part 44. Foundries

Mich. Admin. Code R 408.14401 Scope {#sec-r-408.14401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 44. FOUNDRIES

Rule 4401. This part applies to manufacturing and maintenance operations relating to the safety of employees engaged in making of ferrous and nonferrous castings, including smelting operations when applicable, but excluding die casting operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14405 Definitions; A to C {#sec-r-408.14405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14405}

Rule 4405. (1) "Aisle" means a passageway between molds leading from a gangway, and its width shall be understood to be the cleaR distance between molds, machinery and equipment, posts, partitions, oR other obstructions on 1 side of a passageway and similar objects on the other side.

(2) "Charging box or bucket" means a container which transports, to a cupola or furnace, scrap, coke, limestone, pig iron, ingots, alloys, briquets, and any other material to be melted.

(3) "Chipping" means a process of removing excess metal, flash, fins, and other unwanted material from a casting.

(4) "Coreblower" means a a pneumatic machine which makes cores.

(5) "Crucible" means a vessel of refractory material used to hold or transport molten metal.

(6) "Crucible furnace" means a device which encloses a crucible in which metal is melted by gas, oil, or electric heat.

(7) "Cupola" means a vertical furnace used for melting metals and having tuyeres and a tapping spout.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14406 Definitions; D to I {#sec-r-408.14406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14406}

Rule 4406. (1) "Draw furnace" means a device designed to heattreat or anneal metals.

(2) "Ferrous foundry" means a place where malleable iron, grey iron, nodular iron, or steel or a combination of these metals are melted and poured into molds in the making of castings.

(3) "Footcandles" means a standard measurement of light.

(4) "Foot protection" means a protective cap worn on an employee's foot designed to protect against probable injury.

(5) "Gangway" means a well defined passageway dividing oR bordering working areas, but does not include an aisle.

(6)"Interlock" means a device or method of controlling the source of power so that if a guard, gate, or similar protective device is removed or out of place, the equipment becomes inoperative.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14407 Definitions; L to R {#sec-r-408.14407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14407}

Rule 4407. (1) "Ladle" means a vessel used for transporting and pouring molten metals.

(2) "Melting furnace" means a device used to melt metals or hold molten metals.

(3) "Nonferrous foundry" means a place where brass, aluminum, lead, copper, tin, zinc, gold, silver, or combination of metals are melted or poured into molds in the making of castings.

(4) "Oven" means a chamber designed to bake, heat, or dry.

(5) "Overhead crane" means a machine foR lifting and lowering which moves on a bridge and travels under power on a fixed overhead runway.

(6) "Reverbatory furnace" means a furnace in which heat is radiated from the roof onto the material to be melted.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14408 Definitions; S {#sec-r-408.14408 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14408}

Rule 4408. (1) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the actual load or stress when in use.

(2) "Sampling cone" means a cup with an attached handle used to collect a sample of sand.

(3) "Service" means the repair or adjustment of equipment oR machinery.

(4) "Shell or hot box core making" means a process of making cores of sand and resin mix that is cured in a heated box or pattern.

(5) "Shell molding" means a process of making a mold of sand and resin mix and curing on a heated pattern.

(6) "Single stroke mechanism" means a method oR device which prevents action or cycling of a part of a machine more than once when the control is continuously held down.

(7) "Slag or dross" means the refuse from melting of metals.

(8) "Smelting" means to separate metals by melting.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14409 Definitions; T to W {#sec-r-408.14409 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14409}

Rule 4409. (1) "Two-hand control" means an actuating device that requires the concurrent use of both hands of an operatoR to trip or control the equipment.

(2) "Trunnion" means the support attached to the sides of a ladle, flask or other device to facilitate the tilting or rotation of the device.

(3) "Walkway" means a path of travel for personnel only.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14421 Personal protective equipment {#sec-r-408.14421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14421}

Rule 4421. (1) An employer shall provide, and an employee shall use, eye protection as prescribed in general industry safety standard, Part 33.

Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(2) Where there is a probability of foot injury, an employee shall use foot protection as prescribed in rules 3383 to 3386 of general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13383 to R 408.13386 of the Michigan Administrative Code.

(3) An employee performing hydrostatic testing shall be protected in accordance with rule 3394 of general industry safety standard, Part 33.

Personal Protective Equipment, being R 408.13394 of the Michigan Administrative Code.

(4) The initial issue of personal protective equipment required in this rule shall be provided by the employer at no expense to the employee. Any replacement equipment necessary due to wear and tear or loss due to the environment of the work shall also be provided by the employer, unless covered by a collective bargaining agreement.

(5) To protect an employee from burns while handling molten metal, an employee shall use leggings, spats, an apron, or other equivalent personal protective equipment.

(6) To protect an employee assigned to handle hot cores, hot shell molds, or hot castings, an employee shall be provided with and use heat-resistant gloves.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14423 Rescinded {#sec-r-408.14423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14423}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14425 Rescinded {#sec-r-408.14425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14425}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14426 Rescinded {#sec-r-408.14426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14426}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14427 Rescinded {#sec-r-408.14427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14427}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14431 Rescinded {#sec-r-408.14431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14431}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14433 Gangways and aisles {#sec-r-408.14433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14433}

Rule 4433. (1) A gangway or aisle in which molten metal is being transported must be clear of obstructions and water.

(2) A gangway must be not less than 4 feet wide or must be 3 feet wider than the widest load for which it is used.

(3) A work station must be not less than 2 feet from aisles and gangways, except when protected by a guardrail system, in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

(4) Access to and from a work station must be free of obstructions.

History

• History: 1979 AC; 1988 AACS; 2019 AACS.

Mich. Admin. Code R 408.14434 Aisles {#sec-r-408.14434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14434}

Rule 4434. (1) An aisle shall be not less than 24 inches wide where molten metal is poured from hand or bull ladles or crucibles carried by 1 or 2 employees. However, if a mold is 20 inches oR more in height, an aisle shall be not less than 36 inches wide.

(2) An aisle shall be not less than 36 inches wide where molten metal is poured by more than 2 employees.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14436 Metal platforms, ladders, and steps {#sec-r-408.14436 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14436}

Rule 4436. (1) A metal platform must be provided at a cupola and a furnace for preparation of tap holes, runner spouts, and slag-holes.

(2) A metal platform and ladder or steps must be provided at a furnace or oven where employees go on refractory roofs.

(3) A platform used at a crucible or similar type furnace must be of metal, not less than 3 feet wide, and protected in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

History

• History: 1979 AC; 1988 AACS; 2019 AACS.

Mich. Admin. Code R 408.14438 Rescinded {#sec-r-408.14438 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14438}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14439 Wire rope and chain {#sec-r-408.14439 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14439}

Rule 4439. (1) A wire rope or chain on a crane, lift oR hoist used to lift or carry molten metal shall:

(a) Be inspected weekly for wear or defects and shall be replaced if worn or defective.

(b) Have a designed safety factor of not less than 8.

(2) A wire rope shall have an independent wire rope core.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14441 Charge boxes {#sec-r-408.14441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14441}

Rule 4441. A charge box shall be free of moisture, including ice or snow, when a furnace is charged.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14443 Cupolas {#sec-r-408.14443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14443}

Rule 4443. (1) A skip hoist oR charging machine, unless completely enclosed, shall be equipped with:

(a) A warning device to announce movement.

(b) An interlocking gate across the bucket loading opening.

(2) An employee working in a cupola shall be protected from falling objects by an overhead guard.

(3) A cupola bottom shall be:

(a) Supported by 2 or more metal props of structural strength with overall safety factor of not less than 10 to support a full capacity load and adjusted to proper height by wedges or screw jacks.

(b) Dropped only after a general warning has been sounded and all persons are removed to a safe distance oR protected by a permanent or movable enclosure or screen.

(c) Dropped into an area free of water.

(4) A slag hole shall be shielded to protect an employee from spattering slag.

(5) Where oxygen is used to blow or cut tapping holes, a screen or guard shall be used to protect nearby employees from hot blown material.

(6) An employee not wearing light attenuating goggles oR shields shall be protected by a screen or wall from the arc of an electric furnace.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14445 Scrap {#sec-r-408.14445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14445}

Rule 4445. (1) An alligator shear shall be guarded to prevent injury to an employee by flying particles.

(2) Scrap shall not be broken by drops unless employees are protected from flying fragments by a permanent shield of hardwood planks not less than 2 inches thick, 1/4 inch steel plate or material of equal strength.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14447 Rescinded {#sec-r-408.14447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14447}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14448 Conveyors {#sec-r-408.14448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14448}

Rule 4448. A conveying device introducing stock to a draw furnace or oven in which a flammable or volatile hazard may exist shall be controlled to prevent its operation during pre-ignition oR purge. It shall be arranged to stop automatically in case of a ventilation failure.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14451 Melting furnace pits {#sec-r-408.14451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14451}

Rule 4451. A melting furnace pit shall comply with all of the following provisions:

(a) Be free of water during operation.

(b) Be clear of employees during tapping or pouring.

History

• History: 1979 AC; 1988 AACS; 2013 AACS.

Mich. Admin. Code R 408.14453 Crucibles {#sec-r-408.14453 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14453}

Rule 4453. A crucible shall:

(a) Not be used if it shows cracks, thin spots, flaws, or dampness.

(b) Be stored in a dry place and protected from moist air.

(c) Be carefully charged to prevent damage.

(d) A crucible made of clay shall not be allowed to cool afteR being placed in service.

(e) Be covered while transporting molten metal emitting toxic fumes or be mechanically ventilated.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14455 Ladles {#sec-r-408.14455 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14455}

Rule 4455. (1) A shield shall be provided between a hand ladle and an employee's hand on a single hand ladle.

(2) A ladle not held in the hand shall be equipped with a manually operated or an automatic safety latch or brake.

(3) A ladle of 2,000 pounds' capacity oR more shall be mechanically tilted and equipped with an automatic safety latch oR brake which shall hold the ladle at any attitude.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14457 Molten slag {#sec-r-408.14457 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14457}

Rule 4457. Slag which is not disposed of by conversion to granulaR form shall be collected in pots, ladles, tubs oR sand pigs and allowed to solidify throughout before dumping.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14461 Sand mullers {#sec-r-408.14461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14461}

Rule 4461. (1) A sand muller, except for a continuous muller which does not require employee exposure, shall have interlocked enclosures over openings to prevent operation when loading or unloading.

(2) For a muller having a sampling door, the employer shall provide, and an employee shall use, a sampling cone (scoop) to obtain a sample.

(3) If a sample cone is used to obtain a sample, the sampling cone shall not contact the mixing mechanism and the employee using the sample cone shall not place his or her hand into the opening.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14463 Sand mixers {#sec-r-408.14463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14463}

Rule 4463. (1) A bowl or drum-type sand mixer shall have a grating which is made of 3/8-inch rod or a material of equal strength with openings as prescribed in table 1 and which covers the opening and is interlocked to the mixer. When the cover is raised, the motor shall not start again until the cover is closed and the starter button activated.

(2) Table 1 reads as follows:

TABLE 1

Distance of Opening From Maximum Width Opening Point of Operation Hazard (inches)

(inches) 1/2 to 1 1/2................ 1/4 More than 1 1/2 to 2 1/2.............. 3/8 More than 2 1/2 to 3 1/2.............. 1/2 More than 3 1/2 to 5 1/2.............. 5/8 More than 5 1/2 to 6 1/2.............. 3/4 More than 6 1/2 to 7 1/2.............. 7/8 More than 7 1/2 to 12 1/2............. 1 1/4 More than 12 1/2 to 15 1/2............ 1 1/2 More than 15 1/2 to 17 1/2............ 1 7/8 More than 17 1/2 to 31 1/2............ 2 1/8

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14465 Molding machine {#sec-r-408.14465 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14465}

Rule 4465. (1) A manually controlled molding machine must have a 2-hand control, single-stroke mechanism for the squeeze cycle for each operator assigned to the machine.

A 2-hand control must be installed so as to prevent bridging the control buttons and so it can be operated by 2 hands only. A squeezer head that is so equipped that the operator must hold it in the operating position with one hand and actuate a 1-hand control with the other is acceptable.

(2) The squeezer head of a molding machine must be positioned so as to avoid a pinch point with the sand chute.

(3) Automatic and semiautomatic molding machines must be in compliance with General Industry Safety and Health Standard Part 1. “General Provisions,” being R 408.10001 to R 408.10098 of the Michigan Administrative Code.

History

• History: 1979 AC; 1988 AACS; 2019 AACS.

Mich. Admin. Code R 408.14466 Shell mold assembly machines {#sec-r-408.14466 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14466}

Rule 4466. A squeeze machine used in shell mold assembly shall be equipped with a 2-hand control.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14468 Molding machine sand hoppers {#sec-r-408.14468 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14468}

Rule 4468. A sand hopper release door shall be out of reach to the operator or guarded to eliminate the pinch point.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14471 Core blowing {#sec-r-408.14471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14471}

Rule 4471. A manually controlled shell, hot box core equipment, and a core blower machine shall be equipped with a 2-hand control as specified in R 408.14465.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14473 Chipper area shields and enclosures {#sec-r-408.14473 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14473}

Rule 4473. A chipper area shall have shields or enclosures to reduce the hazard of flying objects.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14474 Rescinded {#sec-r-408.14474 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14474}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14475 Shake-out {#sec-r-408.14475 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14475}

Rule 4475. An employee on manual shake-out operations shall weaR hand, eye, and foot guards.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14476 Cleaning castings in enclosures {#sec-r-408.14476 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14476}

Rule 4476. (1) Sand or abrasive cleaning shall be done in an enclosed machine or room which shall be dust tight or have exhaust systems.

(2) When a core is blown out of a casting, it shall be done in an enclosure equipped with an exhaust system.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14477 Rescinded {#sec-r-408.14477 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14477}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14478 Lost wax or investment casting {#sec-r-408.14478 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14478}

Rule 4478. Manually operated lost wax injection equipment shall be equipped with a 2-hand control.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14479 Rescinded {#sec-r-408.14479 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14479}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14481 Rescinded {#sec-r-408.14481 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14481}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14483 Rescinded {#sec-r-408.14483 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14483}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14485 Rescinded {#sec-r-408.14485 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14485}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14486 Rescinded {#sec-r-408.14486 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14486}

History

• History: 1979 AC; 1997 AACS.

Mich. Admin. Code R 408.14488 Water testing {#sec-r-408.14488 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14488}

Rule 4488. Water testing equipment shall be designed and maintained to protect the operator and adjacent employees from injuries.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14491 Reverbatory furnaces {#sec-r-408.14491 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14491}

Rule 4491. A reverbatory furnace in a nonferrous foundry shall:

(a) Be charged with dry material.

(b) Have clear space on the load and unload sides to permit use of material handling equipment in a nonhazardous manner.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14492 Permanent mold equipment {#sec-r-408.14492 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14492}

Rule 4492. Manually operated permanent mold equipment in a nonferrous foundry shall be equipped with 2-hand controls.

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.14493 Crucible and similar type furnaces {#sec-r-408.14493 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14493}

Rule 4493. (1) Where a crucible or similar type furnace in a non-ferrous foundry is at floor level or below floor level, a grating must cover the opening, or it must be protected in compliance with General Industry Safety and Health Standard Part 2.

“Walking-Working Surfaces,” being R 408.10201 to R 408.1024 of the Michigan Administrative Code.

(2) Where crucible or similar type furnaces are above the floor level, they must be not less than 3 feet apart.

History

• History: 1979 AC; 1988 AACS; 2019 AACS.

Mich. Admin. Code R 408.14494 Rescinded {#sec-r-408.14494 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14494}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14495 Chlorine, caustic and acid {#sec-r-408.14495 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14495}

Rule 4495. (1) Liquid chlorine shall be stored in an unoccupied ventilated room. The exhaust pickup shall be at floor level.

(2) A room used for storage of chlorine gas shall have not less than 2 exits.

(3) A tank car containing chlorine and connected to a pipe or hose line shall be protected by a derail device and a blue flag.

(4) A pipe or hose line carrying chlorine, caustic oR acid shall be identified by a sign or color label.

(5) Where chlorine is piped through a wall, shut-off valves shall be located on both sides of the wall and at the inlet and outlet.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14496 Rescinded {#sec-r-408.14496 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14496}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.14497 Pumps {#sec-r-408.14497 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14497}

Rule 4497. A pump suspended by a hoist above a melting pot shall be secured to the hoist hook to prevent it being dropped.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14498 Powered industrial trucks {#sec-r-408.14498 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14498}

Rule 4498. Where a powered industrial truck is used foR loading a furnace, an operator, exposed to splash or splatter, shall be protected by a shield.

History

• History: 1979 AC.

R 408.14501 to R 408.14561 Part 45. Die Casting

Mich. Admin. Code R 408.14501 Scope {#sec-r-408.14501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 45. DIE CASTING

Rule 4501. This part provides for safe maintenance and operation of machinery and equipment by employers and their safe use by employees in, around, and about die casting operations, which are not covered by other standards. Permanent-mold casting is not included.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14502 MIOSHA referenced standards {#sec-r-408.14502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14502}

Rule 4502. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 23 “Hydraulic Power Presses,”

R 408.12301 to R 408.12373.

(b) General Industry Safety Standard Part 33 “Personal Protective Equipment,”

R 408.13301 to R 408.13398.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.14503 Definitions; A to G {#sec-r-408.14503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14503}

Rule 4503. (1) "Automatic die casting machine" means a machine which will cycle continuously without the attention of an operator.

(2) "Bull ladle," also known as a transfer ladle, means a large vessel used for transporting and pouring molten metals.

(3) "Cold chamber machine" means a die casting machine where the injection plunger and cylinder is not submerged in molten metal, but the molten metal is transferred into the cylinder.

(4) "Die casting" means the injection of molten metal under pressure into dies to make various shaped parts.

(5) "Guard" means a physical barrier or a device which protects a machine or an employee.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14504 Definitions; H to M {#sec-r-408.14504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14504}

Rule 4504. (1) "Holding furnace" means a furnace designed to hold molten metal within a desired temperature range.

(2) "Hot chamber machine" means a die casting machine where the injection mechanism is submerged in the molten metal.

(3) "Lockout procedure" means a method of shutting off the power to equipment and securing it by means of a lock and key.

(4) "Manually tended" means a machine which has an operator who controls the cycle, inserts or removes a part or ladles molten metal.

(5) "Melting furnace," also known as a breakdown furnace, means a furnace designed to convert solid metals into a molten state. It includes a furnace designed as a combination melting and holding furnace.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14505 Definitions; P to T {#sec-r-408.14505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14505}

Rule 4505. (1) "Parting plane" means the line formed where segments or halves of a die meet.

(2) "Safety door" means a movable guard interlocked to a control system and located between the operator and the die.

(3) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(4) "Two hand control" means an anti-tie down, anti-repeat actuating device that requires concurrent use of both hands of an operator to activate or control a machine.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14507 Employer responsibility {#sec-r-408.14507 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14507}

Rule 4507. (1) An employer shall provide training to an employee regarding the operating procedures, hazards, and safeguards of any assigned job.

(2) An employer shall not allow a machine to be operated which is not guarded as prescribed by this part or where the machine has a known defect which would affect the safety of an employee.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14508 Employee responsibility {#sec-r-408.14508 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14508}

Rule 4508. (1) An employee shall not operate a machine until he has been trained in its operating procedures, hazards and safeguards and has been authorized to operate it.

(2) An employee shall report immediately to his supervisor a machine, equipment or safeguard which is defective.

(3) An authorized employee shall remove guards from a machine for maintenance or set up only. The guard shall be replaced before the machine is returned for production.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14511 Personal protective equipment {#sec-r-408.14511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14511}

Rule 4511. (1) Eye protection with side shields shall be provided and used by an employee operating a die casting machine or tending a melting or holding furnace, as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.14502.

(2) Except for the operator of a cold chamber machine, a face shield shall be provided and used by an employee handling molten metals or tending a furnace, as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.14502.

(3) An employee manually tending a die casting machine or a melting or holding furnace shall wear clothing which will cover the arms to hands, legs to feet and have the feet covered with hard soled shoes. Spats or leggings shall be provided to the employee, at no expense to the employee and used by an employee manually ladling a cold chamber die casting machine, tending a melting or holding furnace or transferring molten metal unless the employee wears moulders shoes with pant legs covering the tops.

(4) Other personal protective equipment required for the hazards as described in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.14502, shall be provided by the employer to an employee, at no expense to the employee.

(5) Open sandals, cloth shoes, exposed rings, or necklaces shall not be worn in the work areas. Rings covered by gloves or tape shall not be regarded as exposed.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.14513 Illumination {#sec-r-408.14513 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14513}

Rule 4513. A machine shall have a minimum of 20 footcandles of illumination at the operator's work station.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14515 Rescinded {#sec-r-408.14515 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14515}

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.14517 Rescinded {#sec-r-408.14517 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14517}

EQUIPMENT INSTALLATION AND MAINTENANCE

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.14521 Machine installation {#sec-r-408.14521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14521}

Rule 4521. A machine shall be so located that there will be space for the employee to handle the material and operate the machine without interference to or from other employees or machines.

History

• History: 1979 AC; 1996 AACS; 2013 AACS.

Mich. Admin. Code R 408.14522 Machine controls {#sec-r-408.14522 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14522}

Rule 4522. (1) An operating control on a machine, except a stop button, shall be so located or guarded to prevent accidental contact.

(2) A machine requiring more than 1 operator shall have controls for each operator which shall be activated concurrently before the machine will operate as prescribed in R 408.14541(1).

(3) A machine shall be provided at each work station with a non-concealed emergency stop device distinguished by its size or color.

(4) A machine shall be equipped so that upon power failure it will not automatically restart upon restoration of the power.

(5) An automatic die casting machine shall be equipped with a time delay device or circuit that will prevent the machine from recycling if more than 2 seconds delay occurs between the automatic demand for recycle and its commencement. It shall be necessary for the operator to reset the controls before the machine will restart. Other equivalent means may be used that will prevent recycling until the machine is cleared if the intent of this subrule is met.

(6) A safety interlock, exposed to contact, shall be guarded against accidental actuation.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.14523 Hydraulic and pneumatic systems {#sec-r-408.14523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14523}

Rule 4523. (1) Flexible and rigid hydraulic and pneumatic piping and its component parts shall have a designed safety factor of not less than 4 and shall be maintained to prevent leaks that constitute a hazard.

(2) A hydraulic pressure relief valve shall be provided on each separate system and set to open at a pressure of not more than 10% above the maximum operating pressure. The discharge of the valve shall not create a hazard for the employee. A die casting machine shall not be operated with the pressure relief valve removed.

(3) Fire resistant fluid shall be used in equipment where failure of a hydraulic system could cause ignition of the fluid by molten metal or flame.

(4) Hydraulic and pneumatic lines shall be protected from damage due to chafing or pinching.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14525 Maintenance and servicing {#sec-r-408.14525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14525}

Rule 4525. (1) A power source of a machine or equipment to be repaired or for die repair shall be locked out by each employee doing the work if unexpected motion would cause injury. Residual pressure shall be relieved or isolated before and during the work if unexpected motion would cause injury. The means of isolation shall also be locked out.

(2) An employee who services or sets up a hot chamber die casting machine shall do either of the following:

(a) Pull the plunger from the goose neck.

(b) Insert a safety bar to block action of the plunger.

(3) During service or set up, an extractor shall be locked out as prescribed in subrule (1).

History

• History: 1979 AC.

Mich. Admin. Code R 408.14527 Rescinded {#sec-r-408.14527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14527}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.14533 Die handling and storage {#sec-r-408.14533 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14533}

Rule 4533. (1) A die transported by a powered industrial truck shall be moved in a manner to prevent the die from falling off. The handling equipment shall be used within its rated capacity.

(2) A die rack, when provided, shall have a designed safety factor of not less than 2. The shelves shall be level or slanted to the back.

(3) A die shall not be piled on top of another die unless blocked to prevent slipping and falling.

(4) Where an eye bolt or swivel hoist ring is used in die handling, it shall be made of drop forged steel and include a shoulder or a collar set flush. An eye bolt or hoist ring shall have a designed safety factor not less than 4. An eye bolt or hoist ring which is cracked or bent or has damaged threads or open hooks shall not be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14535 Rescinded {#sec-r-408.14535 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14535}

SPECIFIC EQUIPMENT AND MATERIALS

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.14541 Die casting machines generally {#sec-r-408.14541 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14541}

Rule 4541. (1) A manually tended die casting machine shall be equipped with 1 of the following:

(a) Two-hand constant pressure anti-repeat controls requiring concurrent use of both hands during the die closing cycle. The movable platen shall stop or reverse if either control is released before the die closes.

(b) A constant-pressure anti-repeat single hand control located at a point where the operator cannot reach the point of operation. The movable platen shall stop or reverse if the control is released before the die is closed.

(c) A safety door, interlocked with the control system, which when opened will prevent closing of the dies. The door shall be of a size to keep the operator from reaching into the point of operation when the door is closed.

(d) A manually tended die casting machine installed after July 11, 1973, shall be equipped with an interlocked safety door.

(2) A die casting machine shall have a barrier interlocked to the control system on the side opposite the operator. The barrier shall cover the die opening in a manner to prevent an employee from reaching into the point of operation. Where the operation requires a helper, the barrier may be removed but the controls prescribed in R 408.14522(2) shall be provided.

(3) A die casting machine shall be equipped with an interlocked safety door or by metal shielding which will protect the operator and other employees from inadvertent metal splash or squirting from the parting line.

(4) Either a long-handled tool shall be furnished and used to remove castings or flash from a die casting machine if they are not automatically extracted or ejected or the employee shall be protected by a mechanical device which automatically prevents closing of the machine.

(5) An automatic die casting machine shall be equipped with interlocked doors or barrier guards of a size and design to keep an employee from reaching into the point of operation. A door or barrier may be removed or maintained in an open position where an extractor would interfere with its use, if the extractor is guarded as prescribed in R 408.14544.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14543 Die casting machines; hot and cold chamber types {#sec-r-408.14543 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14543}

Rule 4543. (1) A hot chamber die casting machine shall be equipped with a control or cam operated switch which will prevent operation of the metal injection plunger until the machine is completely closed.

(2) A cold chamber die casting machine shall be equipped with a control which will prevent the injection of molten metal unless the machine is completely closed.

(3) A cold chamber die casting machine having a faulty plunger tip which allows metal to bypass the tip shall not be used until repaired.

(4) An automatic ladler on a cold chamber machine shall be so interlocked that it will ladle or feed only when the plunger is fully returned to the receiving position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14544 Extractors {#sec-r-408.14544 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14544}

Rule 4544. (1) A die casting machine using an automatic extractor to remove castings shall have the path of travel of the extractor guarded by a barrier if required to protect employees in the area.

(2) Where the extractor does not keep an employee from the point of operation, a fixed or interlocked barrier shall be provided.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14545 Automatic safety doors {#sec-r-408.14545 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14545}

Rule 4545. One hundred eighty days after this part takes effect, a die casting machine purchased with an automatic safety door shall be equipped with a retractable safety edge which will function to stop and reopen the door in case it is obstructed while closing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14551 Hand and bull ladles and syphons {#sec-r-408.14551 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14551}

Rule 4551. (1) A bull ladle shall not be transported over the head of an employee or otherwise moved in a hazardous manner.

(2) A bull ladle or the tipping equipment shall be equipped with a safety latch or brake. A powered industrial truck carrying a ladle of molten metal shall not travel faster than 5 miles per hour.

(3) A bull ladle of 2,000-pound capacity or more shall be mechanically tilted and equipped with an automatic safety latch or brake which shall hold the bull ladle at any attitude.

(4) A bent pipe syphon, when used, shall be preheated before use.

(5) A ladle, trough or furnace tool shall be free of moisture and preheated before being filled with or immersed into molten metal.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14552 Hot chamber pots and chutes {#sec-r-408.14552 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14552}

Rule 4552. (1) A hot chamber machine shall be provided with a sheet metal shield extending from the cover die platen beyond and on each side of the injection mechanism and the holding furnace. The shield shall contain any splashing of molten metal which may be caused by the injection system or by the furnace recharging operation. A window may be inserted for flame observation.

(2) A metal chute shall be provided for filling the holding furnace except where the molten metal can be transferred to the holding furnace without splash.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14553 Furnaces {#sec-r-408.14553 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14553}

Rule 4553. (1) Cold or damp metal ingots shall be preheated and dried before being added to molten metal.

(2) A furnace which needs to be tilted for discharge shall have operating controls located outside any splash area or the operator shall be protected by a splash shield.

(3) A furnace tender shall be not less than 2 feet from the furnace when tapping or plugging, or the tender shall be protected by a splash shield.

(4) A gas or oil fired melting furnace installed or modified after the effective date of this part shall be equipped with a control system which shall:

(a) Prohibit ignition and combustion until completion of a purge cycle which will provide a minimum of 4 complete volume air changes in the ignition and combustion chamber.

(b) Positively and immediately shut off the fuel supply in case of a pilot light or combustion failure, or flame failure where direct ignition to the burner is used.

(5) A holding furnace installed or modified after the effective date of this part shall be equipped as prescribed in subrule (4)(b).

(6) The requirements of subrules (4) and (5) do not apply to a gas or oil melting or holding furnace that employs explosion resistant immersion tubes and where the products of combustion do not discharge into a closed equipment work chamber or into a confined space.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14554 Warning devices {#sec-r-408.14554 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14554}

Rule 4554. Equipment other than an enclosed trough, used to deliver molten metal to a holding furnace or pot, shall be equipped with a warning device which shall be activated during delivery and at the beginning of a pour.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14555 Sprue cutting machines {#sec-r-408.14555 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14555}

Rule 4555. A sprue cutting machine shall be equipped with a point of operation guard or point of operation device as prescribed in General Industry Safety Standard Part 23 “Hydraulic Power Presses,” as referenced in R 408.14502.

History

• History: 1979 AC; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.14561 Magnesium generally {#sec-r-408.14561 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14561}

Rule 4561. (1) Accumulations of magnesium dust on floors, ledges, and beams shall be avoided.

(2) Magnesium chips, shavings, and flash shall be cleaned up and disposed of daily or when they constitute a fire hazard. Storage of chips and shavings shall be in covered metal drums.

(3) Smoking, flames, and sparks shall not be allowed where magnesium dust, chips, or shavings are present.

(4) Powdered graphite or dry powdered extinguishing agents made specially for magnesium fires shall be used to extinguish a magnesium fire and be available in the work area. Water or other extinguishing agents shall not be provided or used.

History

• History: 1979 AC.

R 408.14901 to R 408.14965 Part 49. Slings

Mich. Admin. Code R 408.14901 Scope and adoption of standard {#sec-r-408.14901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14901}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 pa 154, mcl 408.1016 and 408.1021, and executive reorganization order nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, mcl 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 49. SLINGS

Rule 4901. (1) This part sets forth the requirements for slings and their construction, care, and use in, around, and about a place of employment. Types of slings included in this part are chain, wire rope, metal mesh, 3-strand natural or synthetic rope, and synthetic web made from nylon, polyester, and polypropylene.

(2) The following standard is adopted by reference in these rules, American Society of Mechanical Engineers Standard ASME B-30.9 “Slings,” 1990 edition. This standard may be purchased from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com at a cost as of the time of adoption of these amendments of $60.00.

(3) The standard adopted in subrule (2) of this rule is also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standard adopted in subrule (2) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1979 AC; 2021 MR 9, Eff. May 13, 2021.

Mich. Admin. Code R 408.14902 Rescinded {#sec-r-408.14902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14902}

History

• History: 2014 AACS; 2021 MR 9, Eff. May 13, 2021.

Mich. Admin. Code R 408.14903 Definitions; A, B {#sec-r-408.14903 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14903}

Rule 4903. (1) "Angle of loading" means the inclination of a leg or branch of a sling, measured from the horizontal or vertical plane as shown in figure 5, provided that an angle of loading of 5 degrees or less from the vertical may be considered a vertical angle of loading.

(2) "Basket hitch" means a sling configuration whereby the sling is passed under the load and has both ends, end attachments, eyes, or handles on the hook or a single master link.

(3) "Braided wire rope" means a wire rope formed by plaiting component wire ropes.

(4) "Bridle wire rope sling" means a sling composed of multiple wire rope legs, with the top ends gathered in a fitting that goes over the lifting hook.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14904 Definitions; C {#sec-r-408.14904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14904}

Rule 4904. (1) "Cable laid endless sling-mechanical joint" means a wire rope sling made endless by joining the ends of a single length of cable laid rope with 1 or more metallic fittings.

(2) "Cable laid grommet-hand tucked" means an endless wire rope sling made from 1 length of rope wrapped 6 times around a core formed by hand, tucking the ends of the rope inside the 6 wraps.

(3) "Cable laid rope" means a wire rope composed of 6 wire ropes wrapped around a fiber or wire rope core.

(4) "Cable laid rope sling-mechanical joint" means a wire rope sling made from a cable laid rope, with eyes fabricated by pressing or swaging 1 or more metal sleeves over the rope junction.

(5) "Choker hitch" means a sling configuration with 1 end of the sling passing under the load and through an end attachment, handle, or eye on the other end of the sling.

(6) "Coating" means an elastomer, or other suitable material, applied to a sling or to a sling component to impart desirable properties.

(7) "Cross rod" means a wire used to join spirals of metal mesh to form a complete fabric. (See figure 2 “Metal Mesh Construction”)

FIGURE 2

METAL MESH CONSTRUCTION

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14905 Definitions; D to H {#sec-r-408.14905 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14905}

Rule 4905. (1) "Designated" means to be selected or assigned by the employer or the employer's representative as being qualified to perform specific duties.

(2) "Female handle of a choker sling" means a handle with a handle eye and a slot of such dimension as to permit passage of a male handle, thereby allowing the use of a metal mesh sling in a choker hitch. (See figure 1 “Metal Mesh Sling”)

(3) "Handle" means a terminal fitting to which metal mesh fabric is attached. (See figure 1 “Metal Mesh Sling”)

(4) "Handle eye" means an opening in a handle of a metal mesh sling shaped to accept a hook, shackle, or other lifting device. (See figure 1 “Metal Mesh Sling”)

(5) "Hitch" means a sling configuration whereby the sling is fastened to an object or load, either directly to it or around it.

FIGURE 1

METAL MESH SLING (Typical)

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14906 Definitions; L, M {#sec-r-408.14906 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14906}

Rule 4906. (1) "Link" means a single ring of a chain.

(2) "Male handle" or "triangle" means a handle with a handle eye.

(3) "Master coupling link" means an alloy steel welded coupling link used as an intermediate link to join alloy steel chain to master links. (See figure 3 “Major Components of a Guadruple Sling”)

(4) "Master link" or "gathering ring" means a forged or welded steel link used to support all members (legs) of an alloy steel chain sling or wire rope sling. (See figure 3 “Major Components of a Guadruple Sling”)

(5) "Mechanical coupling link" means a nonwelded, mechanically closed steel link used to attach master links and hooks to alloy steel chain.

(6) "Metal mesh" or "fabric" means the flexible portion of a metal mesh sling, consisting of a series of transverse coils and cross rods.

FIGURE 3

MAJOR COMPONENTS OF A GUADRUPLE SLING

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14907 Definitions; P to R {#sec-r-408.14907 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14907}

Rule 4907. (1) "Proof load" means a load applied in performance of a proof test.

(2) "Proof test" means a nondestructive tension test performed by the sling manufacturer, or an equivalent entity, to verify construction and workmanship of a sling.

(3) "Rated capacity" means the maximum working load permitted by the provisions of this part.

(4) "Reach" means the effective length of an alloy steel chain sling, measured from the top bearing surface of the upper terminal component to the bottom bearing surface of the lower terminal component.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14908 Definitions; S to V {#sec-r-408.14908 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14908}

Rule 4908. (1) "Selvage edge" means the finished edge of synthetic webbing designed to prevent unraveling.

(2) "Sling" means an assembly which connects the load to the material handling equipment for the purpose of lifting or hoisting.

(3) "Sling manufacturer" means a person or organization that assembles sling components into their final form for sale to users.

(4) "Spiral" means a single transverse coil that is the basic element from which metal mesh is fabricated. (See figure 2 “Metal Mesh Construction”)

(5) "Strand laid endless sling-mechanical joint" means a wire rope sling made endless from 1 length of rope, with the ends joined by 1 or more metallic fittings.

(6) "Strand laid grommet-hand tucked" means an endless wire rope sling made from 1 length of strand wrapped 6 times around a core formed by hand tucking the ends of the strand inside the 6 wraps.

(7) "Strand laid rope" means a wire rope made with strands, usually 6 or 8, wrapped around a fiber core, wire strand core, or independent wire rope core.

(8) "Vertical hitch" means a method of supporting a load by a single, vertical part or leg of the sling. (See figure 4 “Basic Sling Configurations with Vertical Legs”)

FIGURE 4

BASIC SLING CONFIGURATIONS WITH VERTICAL LEGS

FIGURE 5

BLING CONFIGURATIONS WITH ANGLED LEGS

Not es:

Angles 5 degrees or less from the vertical may be considered vertical angles.

For slings with legs more than 5 degrees off vertical, the actual angle as shown in Figure 5 must be considered.

EXPLANATION OF SYMBOLS: MINIMUM DIAMETER OF CURVATURE

Represents a contact surface which shall have a diameter of curvature at least double the diameter of the rope from which the sling is made Represents a contact surface which shall have a diameter of curvature at least 8 times the diameter of the rope.

Represents a load in a choker hitch and illustrates the rotary force on the load and/or the slippage of the rope in contact with the load. Diameter of curvature of lead surface shall be at least double the diameter of the rope.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14911 General operating practices {#sec-r-408.14911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14911}

Rule 4911. (1) Whenever a sling is used, the following practices shall be followed:

(a) A damaged or defective sling, as described in this standard, shall not be used.

(b) A sling shall not be shortened with bolts, knots, or other makeshift devices.

(c) Sling legs shall not be kinked.

(d) A sling shall not be loaded in excess of its rated capacity.

(e) A sling used in a basket hitch shall have the load balanced to prevent slipping.

(f) A sling shall be securely attached to its load.

(g) A sling, other than an alloy steel chain, shall be padded or protected from the sharp corners of its load.

(h) A suspended load shall be kept clear of all obstructions.

(i) An employee shall be kept clear of a suspended load and a load about to be lifted.

(j) An employee's hand or finger shall not be placed between the load and sling while the sling is being tightened.

(k) Slack in a sling shall be removed gradually.

(l) A sling shall not be pulled from under a load when the load is resting on the sling.

(2) Employers shall not load a sling in excess of its recommended safe working load as prescribed by the sling manufacturer on the identification markings permanently affixed to the sling.

(3) Employers shall not use slings without affixed and legible identification markings.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14912 Inspections generally; removal of sling from service {#sec-r-408.14912 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14912}

Rule 4912. (1) A sling and all fastenings shall be inspected for damage and defects by a designated employee before each day's use.

(2) Where service conditions warrant, additional inspections shall be performed during sling use.

(3) A damaged or defective sling, as described in this part, shall be immediately removed from service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.14913 Rescinded {#sec-r-408.14913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14913}

ALLOY STEEL CHAIN SLINGS

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.14921 Sling identification {#sec-r-408.14921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14921}

Rule 4921. An alloy steel chain sling shall have a permanently affixed, durable identification, stating the size, grade, rated capacity, and reach.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14922 Rated capacity of attachments {#sec-r-408.14922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14922}

Rule 4922. (1) A hook, ring, oblong link, pear-shaped link, welded or mechanical coupling link, or other attachment shall have a rated capacity at least equal to that of the alloy steel chain with which they are used, or the sling shall not be used in excess of the rated capacity of the weakest component.

(2) A makeshift link or fastener formed from bolts or rods, or other such attachments, shall not be used.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14923 Inspections; records; removal from service; proof testing {#sec-r-408.14923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14923}

Rule 4923. (1) In addition to the inspection prescribed by R 408.14912, an employer shall designate an employee to make a thorough periodic inspection of an alloy steel chain sling in use on a regular basis. An employer shall determine the regularity of inspection based on all of the following factors:

(a) Frequency of sling use.

(b) Severity of service conditions.

(c) Nature of lifts being made.

(d) Experience gained on the service life of slings used in similar circumstances.

The designated employee shall inspect an alloy steel chain sling at least once every 12 months.

(2) The employer shall make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected and shall make the record available for examination.

(3) The employee designated to make the inspection of an alloy steel chain sling shall make a thorough inspection for all of the following:

(a) Wear.

(b) Defective welds.

(c) Deformation.

(d) An increase in length beyond acceptable limits established in this part.

If the defects or deteriorations are present, then the designated employee shall immediately remove the sling from service.

(4) The employer shall ensure that, before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, is proof-tested by the sling manufacturer in accordance with ASME B-30.9 “Slings,” 1990 edition, as adopted in R 408.14901.

(5) The employer shall retain a certificate of the proof test and shall make it available for examination.

(6) If the chain size at any point of the link is less than that stated in Table 1, the employer shall remove the chain from service.

TABLE 1

MINIMUM ALLOWABLE CHAIN SIZE AT ANY POINT OF

LINK

Chain size (inches)

Minimum allowable chain size (inches) 1/4 13/64 3/8 19/64 1/2 25/64 5/8 31/64 3/4 19/32 7/8 45/64 1 13/16 1 1/8 29/32 1 1/4 1 1 3/8 1-3/32 1 1/2 1-3/16 1 3/4 1-13/32

History

• History: 1979 AC; 1998-2000 AACS; 2014 AACS; 2021 MR 9, Eff. May 13, 2021.

Mich. Admin. Code R 408.14924 Safe operating temperatures {#sec-r-408.14924 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14924}

Rule 4924. Employers shall permanently remove an alloy steel-chain slings from service if it is heated above 1,000 degrees F. When exposed to service temperatures in excess of 600 degrees F, employers shall reduce the maximum working-load limits permitted by the chain manufacturer in accordance with the chain or sling manufacturer's recommendations.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14925 Repairing; reconditioning, and proof testing {#sec-r-408.14925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14925}

Rule 4925. (1) A worn or damaged alloy steel chain sling or attachment shall not be used until repaired.

(2) When welding or heat treating is performed, a sling shall not be used unless repaired, reconditioned, and proof tested by the sling manufacturer.

(3) A mechanical coupling link or low carbon steel repair link shall not be used to repair broken lengths of chain.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14926 Cracked or deformed links or hooks; removal from service {#sec-r-408.14926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14926}

Rule 4926. (1) Alloy steel chain slings with cracked or deformed master links, coupling links, or other components shall be removed from service.

(2) A sling shall be removed from service if the hook is cracked, has been opened more than 15% of the normal throat opening measured at the narrowest point, or twisted more than 10 degrees from the plane of the unbent hook.

WIRE ROPE SLINGS

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14931 Safe operating temperatures; sling use {#sec-r-408.14931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14931}

Rule 4931. (1) A wire rope sling shall not be used with loads in excess of the rated capacities. A sling shall be used only in accordance with the manufacturer’s recommendations.

(2) A fiber core wire rope sling of any grade shall be permanently removed from service if it is exposed to a temperature in excess of 200 degrees Fahrenheit.

(3) When a nonfiber core wire rope sling of any grade is used at a temperature above 400 degrees Fahrenheit or below minus 60 degrees Fahrenheit, recommendations of the sling manufacturer regarding use at that temperature shall be followed.

(4) Employers shall use only wire-rope slings that have permanently affixed and legible identification markings as prescribed by the manufacturer and that indicate the recommended safe working load for the type of hitch used, the angle upon which it is based, and the number of legs if more than 1.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14932 Minimum sling lengths {#sec-r-408.14932 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14932}

Rule 4932. (1) Cable laid and a 6 x 19 and 6 x 37 sling shall have a minimum clear length of wire rope 10 times the component rope diameter between splices, sleeves, or end fittings.

(2) A braided sling shall have a minimum clear length of wire rope 40 times the component rope diameter between the loops or end fittings.

(3) A cable laid grommet, strand laid grommet, and endless sling shall have a minimum circumferential length of 96 times their body diameter.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14933 Welded end attachment; certificate of proof test {#sec-r-408.14933 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14933}

Rule 4933. (1) Welding of an end attachment, except covers to thimbles, shall be performed prior to the assembly of the sling.

(2) All welded end attachments shall not be used unless proof tested by the manufacturer at twice their rated capacity prior to initial use. The employer shall retain a certificate of the proof test, and make it available for examination.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14934 Removal from service {#sec-r-408.14934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14934}

Rule 4934. A wire rope sling shall be removed from service if any of the following conditions are present:

(a) Ten randomly distributed broken wires in 1 rope lay, or 5 broken wires in 1 strand in 1 rope lay.

(b) Wear or scraping of 1/3 the original diameter of outside individual wires.

(c) Kinking, crushing, bird caging, or any other damage resulting in distortion of the wire rope structure.

(d) Evidence of heat damage.

(e) End attachments that are cracked, deformed, or worn.

(f) Hooks that have been opened more than 15% of the normal throat opening measured at the narrowest point, or twisted more than 10 degrees from the plane of the unbent hook.

(g) Corrosion of the rope or end attachments.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14935 Forming eyes {#sec-r-408.14935 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14935}

Rule 4935. An eye in a wire rope sling shall not be formed by using a knot or a wire rope clip.

METAL MESH SLINGS

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14941 Sling marking; rated capacity; coatings {#sec-r-408.14941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14941}

Rule 4941. (1) Each metal mesh sling shall have permanently affixed to it a durable marking that states the rated capacity for vertical basket hitch and choker hitch loadings.

(2) A handle shall have a rated capacity at least equal to the metal fabric and exhibit no deformation after proof testing.

(3) Coatings which diminish the rated capacity of a sling shall not be applied.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14942 Attachment of handle {#sec-r-408.14942 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14942}

Rule 4942. The fabric and handles shall be joined to ensure all of the following:

(a) The rated capacity of the sling is not reduced.

(b) The load is evenly distributed across the width of the fabric.

(c) Sharp edges will not damage the fabric.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14943 Sling testing {#sec-r-408.14943 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14943}

Rule 4943. All new and repaired metal mesh slings, including handles, shall not be used unless proof tested by the manufacturer at a minimum of 1 1/2 times their rated capacity.

Elastomer impregnated slings shall be proof tested before coating.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14944 Sling use; safe operating temperatures {#sec-r-408.14944 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14944}

Rule 4944. (1) A metal mesh sling shall not be used to lift loads in excess of their rated capacities.

(2) A sling shall be used only in accordance with the manufacturer’s recommendations.

(3) A metal mesh sling which is not impregnated with elastomers may be used in a temperature range from minus 20 degrees Fahrenheit to plus 550 degrees Fahrenheit without decreasing the working load limit.

(4) A metal mesh sling impregnated with polyvinyl chloride or neoprene may be used only in a temperature range from zero degrees to plus 200 degrees Fahrenheit.

(5) For operations outside these temperature ranges in subrule (3) and (4) of this rule or for metal mesh slings impregnated with other materials, the sling manufacturer's recommendations shall be followed.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14945 Removal from service; repairs; records {#sec-r-408.14945 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14945}

Rule 4945. (1) A metal mesh sling shall be immediately removed from service if any of the following conditions are present:

(a) A broken weld or broken brazed joint along the sling edge.

(b) Reduction in wire diameter of 25% due to abrasion or 15% due to corrosion.

(c) Lack of flexibility due to distortion of the fabric.

(d) Distortion of the female handle so that the depth of the slot is increased more than 10%.

(e) Distortion of either handle so that the width of the eye is decreased more than 10%.

(f) A 15% reduction of the original cross sectional area of metal at any point around the handle eye.

(g) Distortion of either handle out of its plane.

(2) A metal mesh sling which is repaired shall not be used unless repaired by a metal mesh sling manufacturer.

(3) Once repaired, each sling shall be permanently marked or tagged, or a written record maintained, to indicate the date and nature of the repairs and the person or organization that performed the repairs. Records of repairs shall be made available for examination.

NATURAL AND SYNTHETIC FIBER ROPE SLINGS

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14951 Sling use; rated capacity; diameter of curvature; safe operating temperatures {#sec-r-408.14951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14951}

Rule 4951. (1) A fiber rope sling made from conventional 3 strand construction fiber rope shall not be used with a load in excess of the rated capacities.

(2) A fiber rope sling shall have a diameter of curvature meeting not less than the minimums prescribed in figures 4 and 5.

(3) A sling shall be used only in accordance with the manufacturer’s recommendations.

(4) A natural or synthetic fiber rope sling, except for a wet frozen sling, may be used in a temperature range from minus 20 degrees Fahrenheit to plus 180 degrees Fahrenheit without decreasing the working load limit. For operations outside this temperature range and for wet frozen slings, the sling manufacturer's recommendations shall be followed.

(5) Employers shall use natural and synthetic fiber-rope slings that have permanently affixed and legible identification markings stating the rated capacity for the type of hitch used and the angle upon which it is based, type of fiber material, and the number of legs if more than 1.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14952 Splicing {#sec-r-408.14952 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14952}

Rule 4952. A spliced fiber rope sling shall not be used unless it has been spliced in accordance with the following minimum requirements and in accordance with any additional recommendations of the manufacturer:

(a) In manila rope, an eye splice shall consist of at least 3 full tucks, and short splices shall consist of at least 6 full tucks, 3 on each side of the splice center line.

(b) In synthetic fiber rope, an eye splice shall consist of at least 4 full tucks, and short splices shall consist of at least 8 full tucks, 4 on each side of the center line.

(c) A strand end tail shall not be trimmed flush with the surface of the rope immediately adjacent to the full tucks. This applies to all types of fiber rope and both eye and short splices. For fiber rope under 1 inch in diameter, the tail shall project at least 6 rope diameters beyond the last full tuck. For fiber rope 1 inch in diameter and larger, the tail shall project at least 6 inches beyond the last full tuck. Where a projecting tail interferes with the use of the sling, the tail shall be tapered and spliced into the body of the rope, using at least 2 additional tucks, which will require a tail length of approximately 6 rope diameters beyond the last full tuck.

(d) A fiber rope sling shall have a minimum clear length of rope between eye splices equal to 10 times the rope diameter.

(e) A knot shall not be used in lieu of a splice.

(f) A clamp not designed specifically for fiber ropes shall not be used for splicing.

(g) For any eye splice, the eye shall be of a size to provide an included angle of not greater than 60 degrees at the splice when the eye is placed over the load or support.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14953 End attachments {#sec-r-408.14953 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14953}

Rule 4953. A fiber rope sling shall not be used if an end attachment in contact with the rope has a sharp edge or projection.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14954 Removal from service; prohibition {#sec-r-408.14954 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14954}

Rule 4954. (1) A natural and synthetic fiber rope sling shall be immediately removed from service if any of the following conditions are present:

(a) Abnormal wear.

(b) Powdered fiber between strands.

(c) Broken or cut fibers.

(d) Variations in the size or roundness of strands.

(e) Discoloration or rotting.

(f) Distortion of hardware in the sling.

(2) Only a fiber rope sling made from new rope shall be used. Use of a repaired or reconditioned fiber rope sling is shall not be used.

SYNTHETIC WEB SLINGS

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14961 Marking or coding rated capacities {#sec-r-408.14961 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14961}

Rule 4961. Each sling shall be marked or coded to show the rated capacities for each type of hitch and type of synthetic web material.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14962 Webbing size and edges {#sec-r-408.14962 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14962}

Rule 4962. Synthetic webbing shall be of uniform thickness and width, and selvage edges shall not be split from the webbing's width.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14963 Fittings {#sec-r-408.14963 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14963}

Rule 4963. (1) Fittings shall be both of the following:

(a) Of a minimum breaking strength equal to that of the sling.

(b) Free of all sharp edges that could in any way damage the webbing.

(2) Stitching shall be the only method used to attach end fittings to webbing and to form eyes. The thread shall be in an even pattern and contain a sufficient number of stitches to develop the full breaking strength of the sling.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14964 Use; safe operating temperatures {#sec-r-408.14964 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14964}

Rule 4964.

(1) When a synthetic web sling is used, the following precautions shall be taken:

(a) A nylon web sling shall not be used where fumes, vapors, sprays, mists, or liquids of acids or phenolics are present.

(b) A polyester and polypropylene web sling shall not be used where fumes, vapors, sprays, mists, or liquids of caustics are present.

(c) A web sling with aluminum fittings shall not be used where fumes, vapors, sprays, mists, or liquids of caustics are present.

(2) A synthetic web sling of polyester and nylon shall not be used at a temperature in excess of 180 degrees Fahrenheit.

(3) A polypropylene web sling shall not be used at a temperature in excess of 200 degrees Fahrenheit. (See figure 6 “Basic Synthetic Web Sling Constructions.”)

FIGURE 6

BASIC SYNTHETIC WEB SLING CONSTRUCTIONS

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.14965 Removal from service; repairs; certificate of proof test; prohibition {#sec-r-408.14965 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.14965}

Rule 4965. (1) A synthetic web sling shall be immediately removed from service if any of the following conditions are present:

(a) Acid or caustic burns.

(b) Melting or charring of any part of the sling surface.

(c) Snags, punctures, tears, or cuts.

(d) Broken or worn stitches.

(e) Distortion of fittings.

(2) A synthetic web sling shall be repaired only by a sling manufacturer.

(3) Each repaired sling shall be proof tested by the manufacturer to twice the rated capacity prior to its return to service. The employer shall retain a certificate of the proof test and make it available for examination.

(4) A sling, including webbing and fittings, which has been repaired in a temporary manner shall not be used.

History

• History: 1979 AC; 2014 AACS.

R 408.15001 to R 408.15004 Part 50. Telecommunications

Mich. Admin. Code R 408.15001 Adoption of standards by reference {#sec-r-408.15001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2003-18, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

PART 50. TELECOMMUNICATIONS

Rule 5001. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 C.F.R. §1910.268 “Telecommunications,” as amended November 18, 2016, is adopted in these rules, except as noted in this rule.

(2) The subrules 29 C.F.R. §1910.268(a)(2)(i) and (a)(3) are excepted.

(3) The words "for purposes of 29 C.F.R. 1910.34," as used in 29 C.F.R. §1910.268(b)(1)(iii), are excepted.

(4) A reference to §1910.110 “Storage and handling of liquefied petroleum gases,” means General Industry Safety Standard Part 56 “Storage and Handling of Liquefied Petroleum Gases,” as referenced in R 408.15004.

(5) "Assistant Secretary for Occupational Safety and Health," means director of the department of licensing and regulatory affairs.

(6) A reference to §1910.137, “Electrical protective devices,” means General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15004.

(7) A reference to "Subpart D,” means General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15004.

(8) A reference to §1910.25(c)(5), means Construction Safety Standard Part 30 “Telecommunications for Construction,” R 408.43004 “Trolley and side-rolling ladders,” as referenced in R 408.15004.

(9) A reference to §1910.133, or “Subpart I,” means General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15004.

(10) A reference to “Subpart Q,” means General Industry Safety Standard Part 12 “Welding and Cutting,” as referenced in R 408.15004.

(11) A reference to "Subpart W of Part 1926,” means Construction Safety Standard Part 13 “Mobile Equipment,” as referenced in R 408.15004.

(12) A reference to §1910.97, means Occupational Health Standard Part 382 “Nonionizing Radiation,” as referenced in R 408.15004.

(13) A reference to American National Standards Institute Standard ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Devices,” 1969 edition, is adopted in these rules.

(14) A reference to ANSI B30.6 “Safety Code for Derricks,” 1969 edition, means American Society of Mechanical Engineers Standard ASME B30.6 “Safety Code for Derricks,” 1969 edition, is adopted in these rules.

(15) A reference to ANSI Z89.2 “Industrial Protective Helmets for Electrical Workers,” 1971 edition, is adopted in these rules.

(16) A reference to American Society for Testing and Materials Standard ASTM B117, "Standard Practice for Operating Salt Spray (Fog) Apparatus,” 1964 edition, is adopted in these rules.

(17) A reference to ANSI J6.6 - 1971 edition, means ASTM D120 “Standard Specification for Rubber Insulating Gloves,” 1977 edition, is adopted in these rules.

(18) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA Act No. 154, MCL 408.1001 to 408.1094.

History

• History: 2005 AACS; 2015 AACS; 2017 AACS; 2018 AACS.

Mich. Admin. Code R 408.15002 Applicability {#sec-r-408.15002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15002}

Rule 5002. Operations or conditions not specifically covered by these rules are subject to all the applicable standards promulgated by the Michigan Occupational Safety and Health Act (MIOSHA).

History

• History: 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.15003 Employer responsibility {#sec-r-408.15003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15003}

Rule 5003. Where personal protective equipment is required by 29 C.F.R. §1910.268 “Telecommunications,” as adopted in these rules, the personal protective equipment shall be provided as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15004.

History

• History: 2005 AACS; 2015 AACS; 2017 AACS; 2018 AACS.

Mich. Admin. Code R 408.15004 Availability of documents {#sec-r-408.15004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15004}

Rule 5004. (1) The federal regulations 29 C.F.R. §1910.268 “Telecommunications,” as amended November 18, 2016, as adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The following standards are adopted by reference in these rules and are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number 1-800-854-7179, website: www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this rule:

(a) ANSI A92.2 “Vehicle-Mounted Elevating and Rotating Devices,” 1969 edition.

Cost: $20.00.

(b) ANSI B30.6 “Safety Code for Derricks,” 1969 edition. Cost: $40.00.

(c) ANSI Z89.2 “Industrial Protective Helmets for Electrical Workers,” 1971 edition. Cost: $25.00.

(d) ASTM B117 “Standard Practice for Operating Salt Spray (Fog) Apparatus,” 1964 edition. Cost: $40.00.

(e) ASTM D120 “Standard Specification for Rubber Insulating Gloves,” 1977 edition. Cost: $54.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 13 “Mobile Equipment,” R 408.41301 to R 408.41301.

(b) Construction Safety Standard Part 30 “Telecommunications for Construction,”

R 408.43001 to R 408.43006.

(c) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(d) General Industry Safety Standard Part 12 “Welding and Cutting,” R 408.11201 to R 408.11299.

(e) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) General Industry Safety Standard Part 56 “Storage and Handling of Liquefied Petroleum Gases,” R 408.41301 to R 408.41301.

(g) Occupational Health Standard Part 382 “Nonionizing Radiation,” R 325.60701 to R 325.60704.

History

• History: 2005 AACS; 2015 AACS; 2017 AACS; 2018 AACS.

R 408.15101 to R 408.15181 Part 51. Logging

Mich. Admin. Code R 408.15101 Scope and application {#sec-r-408.15101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 51. LOGGING

GENERAL PROVISIONS

Rule 5101. (1) These rules establish safety practices, means, methods, and operations for all types of logging, regardless of the end use of the wood, including pulpwood and timber harvesting and the logging of sawlogs, veneer bolts, poles, pilings, and other forest products. These rules do not apply to the construction or use of cable yarding systems.

(2) These rules apply to all logging operations as defined by R 408.15107(7).

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15102 Adopted and referenced standards {#sec-r-408.15102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15102}

Rule 5102. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American National Standard Institute (ANSI) Standard, ANSI B175.1 “Gasoline- Powered Chain Saws Safety Requirements,” 1991 edition. Cost: $57.00.

(b) American Society of Mechanical Engineers (ASME) Standard, ASME B56.6 “Safety Standard for Rough Terrain Forklift Trucks,” 1992 edition with addenda. Cost: $120.00.

(c) Society of Automotive Engineers (SAE) Standard, SAE J185 “Access Systems for Off-Road Machines,” June 1988 edition. Cost: $98.00.

(d) SAE J231 “Minimum Performance Criteria for Falling Object Protective Structures (FOPS),” January 1981 edition. Cost: $98.00.

(e) SAE J386 “Operator Restraint Systems for Off-Road Work Machines,” June 1985 edition. Cost: $98.00.

(f) SAE J397 “Deflection Limiting Volume-Protective Structures Laboratory Evaluation,” April 1988 edition. Cost: $98.00.

(g) SAE J1040 “Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,” April 1988 edition. Cost: $98.00.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.10701 to R 408.10765.

(b) General Industry Safety Standard Part 8 “Portable Fire Extinguishers,”

R 408.10801 to R 408.10839.

(c) General Industry Safety Standard Part 21 “Powered Industrial Trucks,”

R 408.12101 to R 408.12193.

(d) General Industry Safety Standard Part 33 “Personal Protective Equipment,”

R 408.13301 to R 408.13398.

(e) General Industry Safety Standard Part 52 “Sawmills,” R 408.15201 to R 408.15277.

(f) General Industry Safety Standard Part 55 “Explosives and Blasting Agents,”

R 408.15501.

(g) General Industry Safety Standard Part 58 “Aerial Work Platforms,” R 408.15801 to R 408.15842.

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15105 Definitions; A to C {#sec-r-408.15105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15105}

Rule 5105. (1) "Approved" means, unless otherwise indicated, approval or listing by either underwriters laboratories, incorporated, or factory mutual engineering corporation.

(2) "Approved container" means an approved metal or nonmetallic container which does not have more than a 6-gallon capacity, which has a spring-closing lid and spout cover, and which is designed so that it will safely relieve internal pressure when exposed to fire.

(3) "Arch" means an open-framed trailer or built-up framework that is used to suspend the leading ends of trees or logs when they are skidded.

(4) "Auger log splitter" means a machine which is for splitting logs and which uses a rotating, cone-shaped screw to provide a splitting force to the log.

(5) "Back cut" means the final cut made in felling a tree. It is made on the side away from the direction of fall. See figure 1 of R 408.15156.

(6) "Ballistic nylon" means a nylon fabric which has high tensile properties and which is designed to provide protection from lacerations.

(7) "Binder" means a wrapper which is a chain or wire rope and which is used to bind a load of logs or pulpwood.

(8) "Buck" or "bucking" means the act of cutting a felled tree into shorter lengths.

(9) "Bucker" means a person who cuts felled trees into shorter lengths.

(10) "Cable yarding" means the movement of felled trees or logs from the area where they are felled to the landing on a system composed of a cable suspended from spars or towers, or both. The trees or logs may be either dragged across the ground on the cable or carried while suspended from the cable.

(11) "Chain saw" means a saw which is powered by a gasoline engine, an electric motor, or other means and which has its cutting elements on an endless chain. A chain saw, for the purpose of this part, is hand-held during use.

(12) "Chipper" means a mechanical device that reduces logs to small flakes or chips.

(13) "Chock" means a block, often wedge shaped, that is used to prevent movement, such as preventing a log from rolling or a wheel from turning.

(14) "Choker" means a sling that is used to encircle the end of a log for yarding.

One end of the choker is passed around the load and through a loop eye, end fitting or other device at the other end of the sling. The end of the choker that passed through the end fitting or other device is then hooked to the lifting or pulling machine.

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15106 Definitions; D to H {#sec-r-408.15106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15106}

Rule 5106. (1) "Danger tree" means a standing tree that presents a hazard to an employee due to conditions such as deterioration or physical damage to the root system, trunk, stem, or limbs, and the direction and lean of the tree.

(2) "Debarker" means a machine that removes bark from logs.

(3) "Decking" means the act of piling logs or pulpwood on a skidway for temporary storage.

(4) "Disabling injury" or "lost time injury" means an injury which prevents a person from reporting for the next scheduled work shift or which causes a permanent partial impairment.

(5) "Designated person" means an employee who has the requisite knowledge, training, and experience to perform specific duties.

(6) "Domino felling" means the partial cutting of multiple trees which are left standing and which are then pushed over with a pusher tree.

(7) "Eye protection" means a device worn in front of the eyes, the predominant function of which is to protect the eyes from hazards.

(8) "Fell" or "fall" means to cut down trees.

(9) "Feller" or "faller" means a person who cuts a tree from its stump.

(10) "Felling" or "falling" means the act of cutting a tree from its stump.

(11) "Flammable liquid" means any liquid which has a flash point below 100 degrees Fahrenheit and which has a vapor pressure of not more than 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

(12) "Grapple" means a hinged clamping device which is at the working end of a line or boom, and which is used to grasp and release forest products during skidding, yarding, or loading.

(13) "Grounded" means the placement of a component of a machine on the ground or on a device where it is firmly supported.

(14) "Guarded" means that an object is covered, fenced, or surrounded so that it is not exposed to contact.

(15) "Guy line" means a line which is used to stay or support spar trees or booms or which is used for equipment that needs support.

(16) "Health care provider" means a health care practitioner operating within the scope of his or her license, certificate, registration, or legally authorized practice.

(17) "Hinge wood" means the portion of a tree which is left uncut and which controls the direction of the fall. See figure 1 of R 408.15156.

(18) "Hydraulic ram log splitter" means a machine for splitting logs that uses pressurized fluid to cause a wedge to pass through a log.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15107 Definitions; L to P {#sec-r-408.15107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15107}

Rule 5107. (1) "Limb" or "limbing" means the act of cutting the limbs from felled or standing trees.

(2) "Limber" means a person or machine that limbs (3) "Loader" means a mechanical device that loads logs.

(4) "Lodged tree" means a tree that is prevented by another tree from falling to the ground.

(5) "Log" means a segment sawed or split from a felled tree, such as a section, bolt, or tree length.

(6) "Logging equipment" means a mechanically powered device used in a logging operation.

(7) "Logging operations" means the operations that are associated with felling and moving trees and logs from the stump to the point of delivery, such as any of the following:

(a) Marking.

(b) Felling.

(c) Bucking.

(d) Limbing.

(e) Debarking.

(f) Chipping.

(g) Yarding.

(h) Loading.

(i) Unloading.

(j) Storing.

The term includes the transporting of machines, equipment, and personnel from one logging site to another.

(8) "Machine" means a piece of stationary or mobile equipment which is a selfcontained powerplant, which is operated off the road and which is used for the movement of material. "Machine" includes any of the following:

(a) A tractor.

(b) A skidder.

(c) A front-end loader.

(d) A scraper.

(e) A grader.

(f) A bulldozer.

(g) A swing yarder.

(h) A log stacker.

(i) A mechanical felling device, such as tree shears or a feller-buncher.

"Machine" does not include an airplane or aircraft such as helicopters.

(9) "Mechanical felling device" or "feller buncher" means equipment used to harvest trees.

(10) "Mechanical ram log splitter" means a machine for splitting logs that uses a mechanical means to cause a wedge to pass through a log.

(11) "Mobile equipment" means equipment, except for an over-the-road vehicle, that is required to be mobile to perform a part of its work function.

(12) "Notch" or "undercut" means a notch made in a standing tree at the beginning of the felling operation that guides the direction of the fall of the tree. See figure 1 of R 408.15156.

(13) "Prehauling" or "forwarding" means the hauling of forest products, before highway or rail movement, by off-the-road vehicles, by nonhighway transport, or by any other means where the forest products travel clear of the ground.

(14) "Protective helmet," "hard hat," or "safety hat" means a rigid device which is designed to protect the head from flying and falling objects or electrical shock, or both, and which is held on the head by a suitable means of suspension.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15108 Definitions R to Y {#sec-r-408.15108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15108}

Rule 5108. (1) "Rated capacity" means the maximum load that a system, vehicle, machine, or piece of equipment was designed by the manufacturer to handle.

(2) "Root wad" means the ball of a tree root and dirt that is pulled from the ground when a tree is uprooted.

(3) "Serviceable condition" means a state or ability of a tool, machine, vehicle, or other device to operate as it was intended by the manufacturer to operate.

(4) "Skid" or "skidding" means the act of dragging logs on the ground.

(5) "Skidder" means a person or machine that skids logs.

(6) "Slasher saw" means a mechanical saw used for bucking.

(7) "Slope" means the increase or decrease in altitude over a horizontal distance expressed as a percentage. For example, a change of altitude of 20 feet (6m) over a horizontal distance of 100 feet (30m) is expressed as a 20% slope.

(8) "Snag" means a standing dead tree.

(9) "Spring pole" means a tree, sapling, or limb which is bent under tension and which springs out after the tension is released.

(10) "Tie down" means a chain, cable, steel strips, or fiber webbing and binders attached to a truck, trailer, or other conveyance as a means of securing loads and preventing them from shifting or moving when being transported.

(11) "Tractor" means a powered vehicle which is for off-the-road hauling or towing and which is equipped with crawler tracks or wheels.

(12) "Tree harvester" means a mechanized, self-propelled machine that is designed to perform 1 or several logging functions, such as felling, limbing, bucking, chipping, skidding or loading.

(13) "Undercut" means a notch cut in a tree to guide the direction of the tree fall and to prevent splitting or kickback.

(14) "Vehicle" means a car, bus, truck, trailer, or semitrailer which is owned, leased, or rented by an employer and which is used to transport employees or move material.

(15) "Winching" means the winding of cable or rope onto a spool or drum.

(16) "Yarding" means the movement of logs from the place they are felled to a landing.

EMPLOYER--EMPLOYEE RESPONSIBILITIES

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.15111 Rules; employer’s duties {#sec-r-408.15111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15111}

Rule 5111. An employer shall review these rules with each new employee.

History

• History: 1979 AC; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15112 New jobs; employer’s duties {#sec-r-408.15112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15112}

Rule 5112. Before an employee starts work on a new job, an employer shall do all of the following:

(a) Familiarize the employee with the type of work to be performed in the job.

(b) Instruct the employee in the safeguards and hazards of the assigned job.

(c) Instruct the employee in the operation, adjustment, maintenance, and safe practices of equipment.

(d) Issue an operator’s permit card of the type prescribed in General Industry Safety Standard Part 21 “Powered Industrial Trucks,” as referenced in R 408.15102, if off-road mobile equipment is to be operated.

History

• History: 1979 AC; 1989 AACS; 2014 AACS.

Mich. Admin. Code R 408.15113 Supervision, maintenance, and inspection by employers {#sec-r-408.15113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15113}

Rule 5113. An employer shall do all of the following:

(a) Provide supervision necessary to enforce compliance with these rules.

(b) Maintain buildings, equipment, and workplaces in a safe and orderly condition.

(c) Conduct inspections as necessary to ensure compliance with these rules.

(d) Not permit an employee to work alone on felling or skidding operations.

(e) Not permit an employee to work in an area with equipment which is in a dangerous condition.

(f) Account for the presence of each employee at the end of each workday.

(g) Ensure that all safeguards are installed and functional before allowing equipment to be used.

(h) Only permit a designated and trained employee to operate logging equipment.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15114 Injuries, first aid, and first aid training {#sec-r-408.15114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15114}

Rule 5114. (1) An employer shall provide first aid kits at each worksite where trees are being cut, at each active landing, and on each employee transport vehicle. The number of first aid kits and the content of each kit shall reflect the degree of isolation, the number of employees, and the hazards reasonably anticipated at the worksite.

(2) The number and content of first aid kits may be reviewed and approved annually by a health care provider.

(3) An employer shall maintain the contents of each first aid kit in a serviceable condition.

(4) An employer shall have not less than 1 employee at a jobsite who is trained in American red cross first aid or who has equivalent training.

(5) An employer shall assure that each employee, including supervisors, receives or has received first aid and cardiopulmonary resuscitation (CPR) training that is in compliance with the requirements specified in subrule (11) of this rule.

(6) An employer shall assure that each employee receives first aid training at least once every 3 years and receives CPR training at least annually.

(7) An employer shall assure that each employee's first aid and CPR training or certificate of training, or both, remain current.

(8) All training shall be conducted by a designated person.

(9) An employer shall assure that all training required by this rule is presented in a manner that the employee is able to understand. An employer shall assure that all training materials used are appropriate in content and vocabulary to the educational level, literacy, and language skills of the employees being trained.

(10) The contents of the first aid kit shall be adequate for small worksites, which consist of approximately 2 or 3 employees. When larger operations or multiple operations are being conducted at the same location, additional first aid kits shall be provided at the worksite or additional quantities of supplies shall be included in the first aid kits.

A first aid kit on a logging worksite shall contain at least all of the following items:

(a) Gauze pads that are not less than 4 inches by 4 inches.

(b) Two large gauze pads that are not less than 8 inches by 10 inches.

(c) Box adhesive bandages, such as Band-Aids®.

(d) One package gauze roller bandage that is not less than 2 inches wide.

(e) Two triangular bandages.

(f) A wound cleaning agent, such as sealed, moistened towelettes.

(g) Scissors.

(h) At least 1 blanket.

(i) Tweezers.

(j) Adhesive tape.

(k) Latex gloves.

(l) Resuscitation equipment, such as a resuscitation bag, airway, or pocket mask.

(m) Two elastic wraps.

(n) Splint.

(o) Directions for requesting emergency assistance.

(11) At a minimum, for employees engaged in logging activities, first aid and CPR training shall be conducted using conventional methods of training, such as lecture, demonstration, practical exercise, and examination, both written and practical. In addition, the length of training shall be sufficient to assure that trainees understand the concepts of first aid and can demonstrate their ability to perform the various procedures required in subrule (12) of this rule.

(12) At a minimum, first aid and CPR training shall consist of instruction in all of the following areas:

(a) The definition of first aid.

(b) The legal issues of applying first aid, such as good samaritan laws.

(c) Basic anatomy.

(d) Patient assessment and first aid for all of the following:

(i) Respiratory arrest.

(ii) Cardiac arrest.

(iii) Hemorrhage.

(iv) Lacerations and abrasions.

(v) Amputations.

(vi) Musculoskeletal injuries.

(vii) Shock.

(viii) Eye injuries.

(ix) Burns.

(x) Loss of consciousness.

(xi) Extreme temperature exposure, such as hypothermia or hyperthermia.

(xii) Paralysis.

(xiii) Poisoning.

(xiv) Loss of mental functioning, such as psychosis and hallucinations.

(e) CPR.

(f) The application of dressings and slings.

(g) The treatment of strains, sprains, and fractures.

(h) The immobilization of injured persons.

(i) The handling and transporting of injured persons.

(j) The treatment of bites or stings or for contact with poisonous plants or animals.

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15116 Employees; general duties {#sec-r-408.15116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15116}

Rule 5116. An employee shall do all of the following:

(a) Abide by the safety procedures pertaining to the job as prescribed by the employer and comply with these rules.

(b) Examine the work area and equipment that is going to be used before work begins and report a dangerous or unsafe condition in the work area or equipment to the immediate supervisor.

(c) Refrain from a reckless practice or action which could result in an accident or injury.

(d) Not operate a machine without experience, instruction, and authorization.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15117 Environmental conditions {#sec-r-408.15117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15117}

Rule 5117. (1) All work shall stop and employees shall be moved to a place of safety when environmental conditions, such as, but not limited to, electrical storms, strong winds which may affect the fall of a tree, heavy rain or snow, extreme cold, dense fog, fires, mudslides, or darkness, or other hazardous weather conditions that would be dangerous to the employees occur.

(2) A falling operation shall stop if a wind prevents a tree from falling in the desired direction or if the faller’s vision is impaired by a weather condition or darkness.

History

• History: 1979 AC; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15117a Work areas {#sec-r-408.15117a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15117a}

Rule 5117a. (1) Employees shall be spaced, and the duties of each employee shall be organized, so that the actions of one employee will not create a hazard for any other employee.

(2) Work areas shall be assigned so that trees cannot fall into an adjacent occupied work area. The distance between adjacent occupied work areas shall be not less than 2 tree lengths of the trees being felled. The distance between adjacent occupied work areas shall reflect the degree of slope, the density of the growth, the height of the trees, the soil structure, and other hazards reasonably anticipated at the worksite. A distance of more than 2 tree lengths shall be maintained between adjacent occupied work areas on any slope where the rolling or sliding of trees or logs is reasonably foreseeable.

(3) Each employee shall work in a position or location that is within visual or audible contact of another employee.

History

• History: 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15117b Signaling and signal equipment {#sec-r-408.15117b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15117b}

R 5117b. Hand signals or audible contact, such as, but not limited to, whistles, horns, or radios, shall be utilized whenever noise, distance, restricted visibility, or other factors prevent clear understanding of normal voice communications between employees.

History

• History: 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15118 Fire prevention {#sec-r-408.15118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15118}

Rule 5118. (1) Smoking or an open flame is prohibited within 10 feet of an engine being refueled.

(2) Refueling shall not be done in an area where conditions are conducive to fire.

(3) An approved fire extinguisher, as prescribed in the General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” as referenced in R 408.15102, shall be provided and maintained on each machine and on each vehicle.

(4) Gasoline or other flammable liquid shall be stored in an approved container that is located not less than 25 feet from a source of ignition.

(5) Machinery shall be kept free of accumulations of flammable material.

(6) Flammable liquids shall not be transported on a personnel carrier unless a storage box is provided. Flammable and combustible liquids shall not be transported in the driver compartment or any passenger-occupied area of a machine or vehicle.

(7) Flammable liquids shall not be used to start a fire or as a cleaning solvent.

(8) The engine of a powered machine shall be shut off while being refueled and serviced.

History

• History: 1979 AC; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15119 Training {#sec-r-408.15119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15119}

Rule 5119. (1) An employer shall provide training for each employee, including supervisors, at no cost to the employee.

(2) The training shall be provided as follows:

(a) As soon as possible after July 2, 1996, initial training for each current and new employee.

(b) Before initial assignment for each new employee.

(c) When an employee is assigned new work tasks, tools, equipment, machines, or vehicles.

(d) When an employee demonstrates unsafe job performance.

(3) At a minimum, training shall consist of all of the following elements:

(a) The safe performance of assigned work tasks.

(b) The safe use, operation, and maintenance of tools, machines, and vehicles that the employee uses or operates, including an emphasis on understanding and following the manufacturer’s operating and maintenance instructions, warnings, and precautions.

(c) The recognition of safety and health hazards associated with the employee’s specific work tasks, including the use of measures and work practices to prevent or control the hazards.

(d) The recognition, prevention, and control of other safety and health hazards in the logging industry.

(e) The procedures, practices, and requirements of the employer’s worksite.

(f) The requirements of these rules.

(4) The training of an employee due to unsafe job performance or before the assignment of new work tasks, tools, equipment, machines, or vehicles may be limited to the elements in subrule (3) of this rule that are relevant to the circumstances giving rise to the need for training.

(5) Each current employee who has received training in the particular elements specified in subrule (3) of this rule shall not be required to be retrained in those elements.

(6) Each new employee who has received training in the particular elements specified in subrule (3) of this rule shall not be required to be retrained in those elements before initial assignment.

(7) An employer shall train each current and new employee in the elements for which the employee has not received training.

(8) Each new employee and each employee who is required to be trained shall work under the close supervision of a designated person until the employee demonstrates to the employer the ability to safely perform his or her new duties independently.

(9) An employer shall verify training by preparing a written certification record that contains all of the following information:

(a) The name or other identity of the employee trained.

(b) The date or dates of the training.

(c) The signature of the person who conducted the training or the signature of the employer.

If an employer relies on training conducted before the employee’s hiring or completed before the effective date of this rule, then the certification record shall indicate the date on which the employer determined the previous training was adequate.

(10) The employer shall maintain the most recent training certification for an employee.

(11) An employer shall hold safety and health meetings as necessary, but at least once each month for each employee. Safety and health meetings may be conducted individually, in crew meetings, in larger groups, or as part of other staff meetings.

PERSONAL PROTECTIVE EQUIPMENT

History

• History: 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15120 Personal protective equipment generally {#sec-r-408.15120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15120}

Rule 5120. (1) An employer shall assure that personal protective equipment, including any personal protective equipment provided by an employee, is maintained in a serviceable condition.

(2) An employer shall assure that personal protective equipment, including any personal protective equipment provided by an employee, is inspected before initial use during each work shift. Defects or damage shall be repaired or the unserviceable personal protective equipment shall be replaced before work is commenced.

History

• History: 1996 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15121 Clothing of workers near moving machinery {#sec-r-408.15121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15121}

Rule 1521. A person working near moving machinery shall wear close fitting, fastened clothing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15122 Protective helmets {#sec-r-408.15122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15122}

Rule 5122. An employer shall provide, at no cost to the employee, and assure that each employee wears, a protective helmet on the jobsite as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15102.

History

• History: 1979 AC; 1983 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15123 Eye and face protection {#sec-r-408.15123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15123}

Rule 5123. (1) An employer shall provide, at no cost to the employee, and assure that each employee wears, eye protection as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15102.

(2) A steel wire or nylon mesh screen that is strong enough to protect the face to below the nose from chips or sawdust from a chain saw or where there is potential for facial injury shall be provided by the employer and worn by the employee. Face protection shall be in compliance with the requirements of General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15102.

History

• History: 1979 AC; 1983 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15124 Gloves {#sec-r-408.15124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15124}

Rule 5124. (1) An employee on a logging operation who is working with a wire rope or sharp object that may cause an injury to the hand shall wear gloves of a suitable type. The gloves shall be provided by the employer at no expense to the employee and shall provide adequate protection from puncture wounds, cuts, and lacerations.

(2) Gloves that can be caught and pulled into a pinch point or rotating equipment shall not be worn.

History

• History: 1979 AC; 1983 AACS; 1996 AACS.

Mich. Admin. Code R 408.15125 Foot and leg protection {#sec-r-408.15125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15125}

Rule 5125. (1) An employer shall assure that each employee wears foot protection, such as heavy-duty logging boots which are waterproof or water-repellent and which cover and provide support to the ankle. The employer shall assure that each employee who operates a chain saw wears foot protection that is constructed with cut-resistant material that will protect the employee’s foot against contact with a running chain saw.

The employer shall assure that each employee wears sharp, calk-soled boots or other slipresistant type boots where the employer demonstrates that they are necessary for the employee's job, the terrain, the timber type, and the weather conditions, provided that foot protection otherwise required by this rule is met.

(2) The employer shall provide, at no cost to the employee, and assure that each employee who operates a chain saw wears leg protection made of cut-resistant material, such as ballistic nylon. The leg protection shall cover the full length of the thigh to the top of the boot on each leg to protect against contact with a moving chain saw.

Exception: This requirement does not apply when an employee is working as a climber if the employer demonstrates that a greater hazard is posed by wearing leg protection in the particular situation, or when an employee is working from a vehicular mounted elevating and rotating work platform meeting the requirements of General Industry Safety Standard Part 58 “Aerial Work Platforms,” as referenced in R 408.15102.

History

• History: 1979 AC; 1983 AACS; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15126 Rescinded {#sec-r-408.15126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15126}

EXPLOSIVES AND BLASTING AGENTS

History

• History: 1954 ACS 61, Eff. Feb. 16, 1970; rescinded 1954 ACS 79, Eff. May 16, 1974.

Mich. Admin. Code R 408.15127 Explosives and blasting agents, generally {#sec-r-408.15127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15127}

Rule 5127. (1) Explosives and blasting agents shall be stored, handled, transported, and used in accordance with the requirements of General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.15102.

(2) Only a designated person shall handle or use explosives and blasting agents.

(3) Explosives and blasting agents shall not be transported in the driver compartment or in any passenger-occupied area of a machine or vehicle.

HAND-HELD CHAIN SAWS

History

• History: 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15130 Hand and portable powered tools, generally {#sec-r-408.15130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15130}

Rule 5130. (1) An employer shall assure that each hand and portable powered tool, including any tool provided by an employee, is maintained in servicable condition.

(2) An employer shall assure that each tool, including any tool provided by an employee, is inspected before initial use during each work shift. At a minimum, all of the following items shall be inspected:

(a) Handles and guards, to assure that they are sound, tight-fitting, properly shaped, free of splinters and sharp edges, and in place.

(b) Controls, to assure proper function.

(c) Chain saw chains, to assure proper adjustment.

(d) Chain saw mufflers, to assure that they are operational and in place.

(e) Chain brakes and nose-shielding devices, to assure that they are in place and function properly.

(f) Heads of shock, impact-driven, and driving tools, to assure that there is no mushrooming.

(g) Cutting edges, to assure that they are sharp and properly shaped.

(h) All other safety devices, to assure that they are in place and function properly.

(3) An employer shall assure that each tool is used only for the purpose for which it has been designed.

(4) When the head of any shock, impact-driven, or driving tool begins to chip, it shall be repaired or removed from service.

(5) The cutting edge of each tool shall be sharpened in accordance with the manufacturer’s specifications when it becomes dull during the work shift.

(6) A hand tool transported in the same compartment of a vehicle with an employee shall be secured to the vehicle in a rack, box, holster, or other means.

(7) When a hand tool is not being used, it shall be stored in a storage facility at a designated location.

(8) Defective hand tools that could cause injury shall be repaired or replaced.

History

• History: 1996 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15131 Chain saws generally {#sec-r-408.15131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15131}

Rule 5131. (1) A hand-held chain saw shall be equipped with a positive-type, on-off ignition switch which is conveniently located on the saw so that the operator can move the switch into the off position without relinquishing a secure grip on the saw.

(2) A manual chain oiler control, if provided on a handheld chain saw, shall be located so that it can be operated without relinquishing a secure grip on the saw.

(3) A hand-held chain saw shall have a guard that protects the throttle lever from casual contact and from brush or other foreign objects.

(4) Each gasoline-powered chain saw shall be equipped with a continuous pressure throttle control system that will stop the chain when pressure on the throttle is released.

(5) A hand-held chain saw’s moving parts, such as a flywheel, rotating screen, or clutch, shall be guarded.

(6) Each chain saw placed into initial service after July 2, 1996, shall be equipped with a chain brake and shall be in compliance with the requirements of ANSI B175.1 “Safety Requirements for Gasoline-Powered Chain Saws,” 1991 edition, as adopted in R 408.15102.

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15132 Rescinded {#sec-r-408.15132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15132}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15133 Rescinded {#sec-r-408.15133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15133}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15134 Rescinded {#sec-r-408.15134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15134}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15135 Rescinded {#sec-r-408.15135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15135}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15136 Hand-held chain saw operations {#sec-r-408.15136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15136}

Rule 5136. (1) A chain saw operator shall shut off a hand-held saw motor when carrying it for a distance of more than 50 feet (15.2m) or in a hazardous situation. A hand-held chain saw shall be carried so as to prevent an employee from coming in contact with the saw chain or muffler.

(2) A chain saw operator shall shut down a chain saw or engage the chain brake when carrying a saw less than 50 feet if conditions, such as the terrain, underbrush, and slippery surfaces, create a hazard for an employee.

(3) An approved container shall be used for refueling a hand-held chain saw. A hand-held chain saw shall not be started within 10 feet (3m) of a refueling area.

(4) A chain saw shall be fueled not less than 10 feet (3m) from any open flame or other source of ignition.

(5) A chain saw operator shall hold a hand-held chain saw with both hands during its use, with thumbs firmly locked around the handles.

(6) Before starting a cut, a chain saw operator shall clear away brush and other items that would interfere with the cutting operation or the retreat path.

(7) A chain saw operator shall be certain of his or her footing before starting to cut.

A chain saw shall not be used in a position or at a distance that could cause the operator to become off-balance, to have insecure footing, or to relinquish a firm grip on the saw.

(8) A chain saw operator shall not use a hand-held chain saw to cut directly overhead or in a position which could cause him or her to relinquish a secure grip on the saw.

(9) A hand-held chain saw which is purchased after July 2, 1996, and which is used by an employee to perform logging operations shall be equipped with both of the following:

(a) A chain brake and a chain designed to reduce kickback.

(b) A safety bar and a chain designed to reduce kickback.

(10) A chain saw shall be operated and adjusted in accordance with the manufacturer’s instruction.

(11) A chain saw shall be started on the ground or where otherwise firmly supported. A chain saw shall not be drop started.

(12) A chain saw shall be shut off or the throttle released before a feller starts to retreat.

OTHER SAWS

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15137 Slasher saws; guards {#sec-r-408.15137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15137}

Rule 5137. (1) A slasher saw blade shall be guarded by a fixed or adjustable barrier guard which protects the operator or other employees from inadvertently coming into contact with the saw teeth from the back side.

(2) The fixed or adjustable barrier guard shall be constructed to keep an employee from coming into contact with the saw blade and shall be capable of retaining any blocks which are cut off and which may be thrown by the blade.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15138 Buzz saws; guards {#sec-r-408.15138 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15138}

Rule 5138. (1) A buzz saw shall have a hood-type guard which covers the upper half of the blade, arbor, and nut at all times. The lower part of the blade shall be guarded by 1 of the following:

(a) A fixed or adjustable barrier guard which protects the operator from inadvertently coming into contact with the saw teeth.

(b) A self-adjusting guard which will prevent employee exposure to the front of the saw blade by dropping onto the workpiece before the blade starts the cut and remaining in contact with the workpiece until the saw table returns to the forward position.

(c) Movement of the saw table into the saw by use of constant pressure controls located so that the operator cannot come into contact with the saw blade.

(d) Any other type of guarding that provides equal protection.

(2) A limit chain or other equally effective device shall be provided to prevent the buzz saw blade from extending past the front of the saw table.

LOGGING EQUIPMENT

History

• History: 1989 AACS.

Mich. Admin. Code R 408.15141 Flying particles {#sec-r-408.15141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15141}

Rule 5141. The working parts of a machine shall be guarded to prevent flying particles from injuring the operator or any other person in the immediate area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15142 Operator stands {#sec-r-408.15142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15142}

Rule 5142. A machine operator stand or station shall have a slip-resistant walking and working surface, which shall be kept clean of slippery substances and clear of obstructions, waste, debris, and any other material that might result in fire, slipping, or falling. A stand shall have a means of access, such as steps, a ladder, or footholds and handholds. If the stand is totally enclosed, it shall be ventilated.

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15143 Controls {#sec-r-408.15143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15143}

Rule 5143. (1) A machine control shall be located within easy reach of the operator.

(2) Each control shall be identified as to its function by a durable label which is visible to the operator when in the operator zone.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15144 Rollover protection and cab guards {#sec-r-408.15144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15144}

Rule 5144. (1) Each tractor, skidder, swing yarder, log stacker, and mechanical felling device, such as a tree shears or feller-buncher, that is placed into initial service after February 9, 1995, shall be equipped with falling object protective structure (FOPS) or rollover protective structure (ROPS), or both. The employer shall replace FOPS or ROPS that have been removed from any machine.

Exception: This requirement does not apply to machines that are capable of 360 degree rotation.

(2) For each machine manufactured after August 1, 1996, the FOPS shall be installed, tested, and maintained in accordance with SAE J231, “Minimum Performance Criteria for Falling Object Protective Structures (FOPS),” January 1981 edition, as adopted in R 408.15102.

(3) For each machine manufactured after August 1, 1996, the ROPS shall be installed, tested, and maintained in accordance with SAE J1040, “Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,” April 1988 edition, as adopted in R 408.15102.

(4) For each machine manufactured after August 1, 1996, the ROPS and FOPS shall be in compliance with the requirements of SAE J397, “Deflection Limiting Volume- ROPS/FOPS Laboratory Evaluation,” April 1988 edition, as adopted in R 408.15102.

(5) A protective structure shall not impede the operator’s normal movements.

(6) In addition to the rollover protection, the upper portion of the cab of mobile equipment shall have both of the following:

(a) A screen brush guard on all 4 sides, except for doorways. The front, rear, and side brush screen shall be 1/4-inch wire, or equivalent, and have not more than a 2-inch mesh.

(b) An overhead canopy guard or solid material that extends the full width and length of the canopy.

(7) The lower portion of a cab of mobile equipment shall be enclosed with solid material, except at an entrance, to prevent objects from entering the cab. The entrance shall be not less than 52 (1.3m) inches in vertical height from the floor of the cab.

(8) An enclosure of the upper portion of each cab shall allow maximum visibility.

Where glass is used on a cab, it shall be safety glass or an equivalent.

An additional metal screen shall be used where there is exposure to falling or flying objects. Provision shall be made to clean glass to assure adequate visibility.

(9) Transparent material that may create a hazard for the operator, such as cracked, broken, or scratched safety glass, shall be replaced.

(10) A deflector shall be installed in front of each cab to deflect whipping saplings and branches. A deflector shall be located so as not to impede visibility and access to the cab.

(11) Each machine operated near cable yarding operations shall be equipped with sheds or roofs that are strong enough to provide protection from breaking lines.

(12) Each forklift shall be equipped with an overhead guard that is in compliance with the requirements of ASME B56.6 “Safety Standard for Rough Terrain Forklift Trucks,” 1992 edition with addenda, as adopted in R 408.15102.

(13) Machine access systems that are in compliance with the specifications of SAE J185, “Recommended Practice for Access Systems for Off-Road Machines,” June 1988 edition, as adopted in R 408.15102, shall be provided for each machine where the operator or any other employee must climb onto the machine to enter the cab or to perform maintenance.

(14) Each machine cab shall have a second means of egress.

(15) ROPS shall be tested, installed, and maintained in serviceable condition.

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15145 Rescinded {#sec-r-408.15145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15145}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15146 Design and construction of skidding and hauling equipment; towing; pre-haulers, and forwarders; crane or clam turning; trucks; operation of loading devices; alteration of logging equipment; insulation or shielding or surfaces of logging equipment {#sec-r-408.15146 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15146}

Rule 5146. (1) Skidding and pre-hauling equipment shall be designed and constructed to allow a minimum radius vehicle turn without the load contacting the rear wheel or the rear track assembly.

(2) Towed equipment shall be attached in a manner that will allow a full 90-degree turn, prevent overrunning, and assure control of the towed equipment.

(3) A pre-hauler or forwarder shall have a means of retaining loads and a means for securing the load during transport.

(4) A crane or clam that has a turning house shall have not less than 2 feet of clearance between the turning radius of the house and a fixed object.

(5) A truck shall have a guard that protects the operator in the cab from a load shift.

(6) A truck shall be driven by a licensed driver and have, in its cab, flares and flags and an approved multipurpose fire extinguisher that has a rating of not less than 2a-4bc.

(7) A loading device shall not be operated so that the load passes over the operator or employees.

(8) Logging equipment shall not be altered to exceed the rated capacity, unless the alterations are approved by the manufacturer.

(9) All hot surfaces on logging equipment that have a temperature of more than 150 degrees Fahrenheit and that could be contacted by the operator during normal starting and operating shall be thermally insulated or shielded.

History

• History: 1979 AC; 1989 AACS; 1996 AACS; 2014 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15146a Exhaust systems {#sec-r-408.15146a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15146a}

Rule 5146a. (1) Equipment originally equipped with a muffler shall have the muffler maintained when the equipment is in operation.

(2) The exhaust pipes on each machine shall be located so exhaust gases are directed away from the operator and mounted or guarded to protect each employee from accidental contact.

(3) An exhaust pipe shall be equipped with a spark arrester. An engine equipped with turbochargers does not require a spark arrester.

History

• History: 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15146b Equipment seating and seatbelts {#sec-r-408.15146b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15146b}

Rule 5146b. (1) Equipment shall be operated only from the position or seat intended for that purpose.

(2) An employer shall ensure that a seat belt is provided on mobile equipment, including any vehicle or machine provided by an employee. An employer shall ensure all of the following:

(a) That a seat belt is provided for each vehicle or machine operator.

(b) That each employee uses the available seat belt while the vehicle or machine is being operated.

(c) That each employee securely and tightly fastens the seat belt to restrain the employee within the vehicle or machine cab.

(d) That each machine seat belt is in compliance with the requirements of SAE J386, “Operator Restraint Systems for Off-Road Work Machines,” June 1985 edition, as adopted in R 408.15102, which was equipped with seat belts at the time of manufacture.

(e) That seat belts are not removed from any vehicle or machine. The employer shall replace each seat belt that has been removed from any vehicle or machine that was equipped with seat belts at the time of manufacture.

(f) That each seat belt is maintained in a serviceable condition.

History

• History: 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15147 Rescinded {#sec-r-408.15147 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15147}

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.15148 Logging equipment; operations {#sec-r-408.15148 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15148}

Rule 5148. (1) The engine of a powered logging machine shall be shut off while being serviced or adjusted, except where operation is required for adjustment.

(2) If an operator leaves the seat of any logging equipment that has its engine running, then the transmission shall be placed in the park position and the brakes set. If equipment is to be left unattended, then the operator shall apply the brake locks, ground moving elements, and turn the power off.

(3) A person, except the operator, shall not ride on mobile logging equipment unless the equipment is provided with a passenger seat belt located under a canopy that is in compliance with the requirements of R 408.15144 and R 408.15146.

(4) A logging equipment operator shall do all of the following:

(a) Operate the equipment within the rated capacity and stability limitations.

(b) Ensure, before start-up and during operation of the equipment, that employees and other objects are not in danger of being struck. Moveable objects, such as a boom, grapple, or load, shall not be moved close to or over an employee.

(c) Check all controls for function and response before starting a work shift.

(d) When a signalman is used, operate the equipment only on a clearly understood signal by the designated signalman.

(e) When operating near other employees, signal intent to move before moving.

(f) Dismount from the equipment, stand clear, and be visible when forest products or equipment is loaded or unloaded on or from the equipment by other equipment.

(g) Not place undue shock loads on wire rope.

(h) Position or secure all moveable elements not in use for safe operation.

(5) When transporting logging equipment from one job location to another, the carrying vehicle shall be capable of sustaining the load and the load shall be secured against movement.

(6) Any overhead electrical distribution or transmission line shall be considered energized until the owner or utility indicates otherwise and the line has been visibly grounded. Where a line cannot be de-energized, the following clearances shall be observed:

VOLTAGE CLEARANCE BOOM RAISED

CLEARANCE BOOM

LOWERED AND NO

LOAD to 50 kV 10 feet 4 feet 51 to 345 kV 10 feet plus .4 inch per kV over 50 kV 10 feet 346 to 750 kV 10 feet plus .4 inch per kV over 50 kV 15 feet (7) When winching, the logging equipment shall be positioned so that the winch line is near the alignment with the long axis of the equipment.

(8) If natural light is inadequate during a logging, decking, or loading operation, the loader or loading areas shall be artificially lighted.

(9) A person involved in logging operations shall not work under a suspended load.

(10) When logging operations involve manual loading, the carrier shall be positioned to provide an area free of recognized hazards between the carrier and the pile, and the log or pole shall be placed in a manner so that it will not roll or slip.

(11) When logging operations involve machine loading, all of the following provisions apply:

(a) The piles shall be located in an area free of recognized hazards.

(b) Only the operator shall be in the work area.

(c) The load shall be balanced and secured to prevent slippage and loss.

(12) A person shall not ride a logging crane load, grapple, or hook.

(13) Truck-mounted loading equipment used in logging operations shall be secured before leaving a loading area. A protruding object on a load shall be removed or caution flags shall be installed.

(14) A truck driver shall stop a logging vehicle, dismount, and check and tighten loose load binders either just before or immediately after leaving a woods road to enter a public road.

(15) A logging operator shall use care in driving under limbs, trees, and other overhanging obstructions.

History

• History: 1989 AACS; 1996 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15149 Machines generally {#sec-r-408.15149 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15149}

Rule 5149. (1) An employer shall assure that each machine, including any machine provided by an employee, is maintained in serviceable condition. An employer shall assure that each machine, including any machine provided by an employee, is inspected before initial use during each work shift. Defects or damage shall be repaired or the unserviceable machine shall be replaced before work is commenced.

(2) An employer shall assure that operating and maintenance instructions are available on the machine or in the area where the machine is being operated. To maintain stability, the machine shall be operated within the limitations imposed by the manufacturer as described in the operating and maintenance instructions. Each machine operator and maintenance employee shall comply with the operating and maintenance instructions.

(3) A stationary logging machine and its components shall be anchored or otherwise stabilized to prevent movement during operations.

(4) An employee shall not ride on any load.

(5) After a machine engine is shut down, pressure or stored energy from hydraulic and pneumatic storage devices shall be discharged if the storage device can move the moving elements. Each moving element, such as blades, buckets, saws, or shears, shall be lowered to the ground or otherwise secured. The machine’s transmission shall be placed in the manufacturer’s specified park position and the brake or brake locks shall be applied.

(6) A machine shall be loaded, secured, and unloaded so that it will not create a hazard for an employee.

(7) Brakes shall be sufficient to hold each machine and its rated load capacity on the slopes over which it is being operated.

(8) Each machine placed into initial service on or after September 8, 1995, shall be equipped with a secondary braking system, which shall be effective in stopping the machine and maintaining parking performance regardless of the direction of travel or whether the engine is running and parking brakes that are capable of holding a stopped machine stationary are employed.

(9) Each machine shall be equipped with guarding to protect employees from exposed moving elements, such as shafts, pulleys, belts on conveyors, and gears, in accordance with the requirements of General Industry Safety Standard Part 7 “Guards for Power Transmission,” as referenced in R 408.15102.

(10) Each machine used for debarking, limbing, and chipping shall be equipped with guarding to protect employees from flying wood chunks, logs, chips, bark, limbs, and other material.

(11) The guarding on each machine shall be in place when the machine is in operation.

History

• History: 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.15150 Vehicles {#sec-r-408.15150 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15150}

Rule 5150. (1) An employer shall assure that each vehicle used to perform any logging operation, including any vehicle provided by an employee, is maintained in serviceable condition.

(2) An employer shall assure that each vehicle used to perform any logging operation is inspected before initial use during each work shift. Vehicle defects or damage shall be repaired or the unserviceable vehicle shall be replaced before work is commenced.

(3) The employer shall assure that operating and maintenance instructions are available in each vehicle. Each vehicle operator and maintenance employee shall comply with the operating and maintenance instructions.

(4) The employer shall assure that each vehicle operator has a valid operator's license for the class of vehicle being operated.

(5) Mounting steps and handholds shall be provided for each vehicle when necessary to prevent an employee from being injured when entering or leaving the vehicle.

(6) The seats of each vehicle shall be securely fastened.

(7) The rated capacity of a machine shall not be exceeded.

(8) The requirements of R 408.15148 (2) and (4)(a), (b), and (h) and R 408.15149 (7), (8), and (9) shall also apply to each vehicle used to transport an employee off public roads or to perform a logging operation, including a vehicle provided by an employee.

FELLING, LIMBING, BUCKING, AND SKIDDING

History

• History: 1996 AACS; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15151 Felling {#sec-r-408.15151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15151}

Rule 5151. (1) An employee, except the faller, shall not be closer to a manual or mechanical felling operation than twice the height of the tallest tree being cut.

(2) Before a cut is started, a feller shall check for the location of all of the following and plan and clear a path of retreat:

(a) Other employees.

(b) Dead limbs.

(c) Lean of the tree.

(d) Wind condition.

(e) Location of other trees and other hazards.

(f) Snow or ice accumulation.

(3) The retreat path shall extend diagonally away from the expected felling line, unless the employer demonstrates that such a retreat poses a greater hazard than an alternate retreat path. Once the backcut has been made, the feller shall immediately move a safe distance away on the retreat path and away from the tree being felled.

(4) If a tree falls on a power line, the utility shall be notified immediately and all employees shall remain clear until the utility advises that conditions are safe.

(5) The immediate supervisor shall be consulted when unfamiliar or unusually hazardous conditions necessitate the supervisor's approval before cutting is commenced.

(6) While manual felling is in progress, a yarding machine shall not be operated within 2 tree lengths of trees being manually felled. This subrule does not apply to yarding machines performing tree-pulling operations.

(7) Each danger tree shall be felled, removed, or avoided. Each danger tree, including lodged trees and snags, shall be felled or removed using mechanical or other techniques that minimize employee exposure before work is commenced in the area of the danger tree. If the danger tree is not felled or removed, it shall be marked and work shall not be conducted within 2 tree lengths of the danger tree, unless the employer demonstrates that a shorter distance will not create a hazard for an employee.

(8) Each danger tree shall be carefully checked for signs of loose bark, broken branches and limbs, or other damage before it is felled or removed.

Accessible loose bark and other damage that may create a hazard for an employee shall be removed or held in place before felling or removing the tree.

(9) Felling on any slope where the rolling or sliding of trees or logs is reasonably foreseeable shall be done uphill from, or on the same level as, previously felled trees.

(10) Domino felling of trees is prohibited.

(11) Accumulations of snow and ice that may create a hazard for an employee shall be removed before felling is commenced in the area or the area shall be avoided.

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15152 Working alone {#sec-r-408.15152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15152}

Rule 5152. A faller or bucker shall not work beyond hearing range of another employee unless a procedure has been established for periodically checking on the faller or bucker during the course of the work day.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15153 Lodged tree removal {#sec-r-408.15153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15153}

Rule 5153. A person shall not work under a lodged tree. A lodged tree shall be pulled or pushed down as soon as possible by mobile equipment in a manner which keeps an employee from being struck by the tree.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15154 Dangerous trees and snags {#sec-r-408.15154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15154}

Rule 5154. A dead, rotten, or broken limb or tree that is a hazard to road traffic woods operations, landings, or camps shall be felled before operations begin. Where such a tree may fall on a public road, a flagman shall direct traffic during felling operation.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15155 Springpoles; and other trees under stress {#sec-r-408.15155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15155}

Rule 5155. (1) When a springpole or other tree under stress is cut, an employee, other than the feller, shall not be closer than 2 tree lengths when the stress is released.

(2) An employee shall check for springpoles before making a bucking cut or limbing.

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.15156 Notch or undercut; back cut; hinge wood {#sec-r-408.15156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15156}

Rule 5156. (1) A notch or undercut shall be large enough, about 1/3 of the diameter, to safely guide the tree and reduce the possibility of the tree splitting. Side cuts shall also be used where appropriate.

(2) A back cut shall be made in each tree being felled. A back cut shall leave sufficient hinge wood to guide the tree's fall in the desired direction and to hold the tree to the stump during most of its fall. A back cut shall be about 2 inches above the undercut and as level as possible; however the back cut may be at or below the horizontal cut in tree-pulling operations.

(3) Before starting a back cut, a faller shall determine that the impact area is clear of other employees.

(4) The saw chain shall be stopped before the feller starts to retreat.

(5) Where a tree is likely to slide or roll, a feller shall cut from the uphill side and keep uphill from previously felled trees.

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15157 Bucking or limbing positions; chipping {#sec-r-408.15157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15157}

Rule 5157. (1) If possible, a limber shall stand on the opposite side of the tree trunk from a limb being removed.

(2) If working on a slope, a bucker shall work from the uphill side.

When the employer demonstrates that it is not feasible to buck or limb on the uphill side, the tree shall be secured with chocks to prevent it from rolling, sliding, or swinging.

(3) Trees piled for bucking and logs in a deck shall be piled in a manner that is not hazardous.

(4) Before bucking or limbing wind-thrown trees, precautions shall be taken to prevent the root wad, butt, or logs from striking an employee.

The precautions include chocking or moving the tree to a stable position.

History

• History: 1979 AC; 1996 AACS.

Mich. Admin. Code R 408.15158 Skidding; yarding {#sec-r-408.15158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15158}

Rule 5158. (1) A person shall not ride on a log being skidded.

(2) A skidder operator shall use caution if operating near another person.

(3) If on a hill, a skidder shall not be operated parallel to the contour of the slope.

(4) If skidding equipment equipped with blades is moving, then the blades shall be carried high enough to avoid objects. If skidding equipment is parked, the blades on the skidding equipment shall be lowered to the ground.

(5) A person shall not hook, adjust, or cross winch lines that are under tension.

(6) A choker setter shall do both of the following:

(a) Work on the uphill side of a log.

(b) Position the choker near the end of the log or tree length to allow turning of the prehaul or skidding vehicle, to prevent the penetration of the operator station, and to reduce the possibility of striking the wheel or track.

(7) A knot shall not be allowed in a wire rope; however, looping the wire rope around the log for purposes of skidding is not considered a knot.

(8) Only the loading or unloading machine operator and other employees the employer demonstrates are essential shall be in the loading or unloading area during the skidding operation.

(9) A yarding line shall not be moved unless the yarder operator has clearly received and understood the signal to do so. When in doubt, the yarder operator shall repeat the signal and wait for a confirming signal before moving any line.

(10) A load shall not exceed the rated capacity of the pallet, trailer, or other carrier.

(11) Towed equipment shall be attached as specified in R 408.15146(4).

(12) The yarding machine or vehicle, including its load, shall be operated at a safe distance from all obstructions that may create a hazard for an employee.

(13) Each yarded tree shall be placed in a location that does not create a hazard for an employee and in an orderly manner so that the trees are stable before bucking or limbing is commenced.

History

• History: 1979 AC; 1989 AACS; 1996 AACS.

Mich. Admin. Code R 408.15159 Rescinded {#sec-r-408.15159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15159}

LOADING AND DECKING

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15161 Rescinded {#sec-r-408.15161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15161}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15162 Rescinded {#sec-r-408.15162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15162}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15163 Rescinded {#sec-r-408.15163 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15163}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15164 Rescinded {#sec-r-408.15164 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15164}

WATER, STORAGE, CHIPPING

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15165 Water {#sec-r-408.15165 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15165}

Rule 5165. A person working in or around water shall wear a life jacket and shall not work alone.

Mich. Admin. Code R 408.15166 Storage {#sec-r-408.15166 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15166}

Rule 5166. (1) Logs and poles shall be piled in a stable manner.

(2) When steel banding is used, it shall be capable of containing the imposed load and shall be placed when the bundle is close to the ground.

(3) An employee shall not place his or her body underneath a bundle of logs or poles.

History

• History: 1979 AC; 2017 MR 4, Eff. Mar. 2, 2017.

Mich. Admin. Code R 408.15167 Chipping {#sec-r-408.15167 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15167}

Rule 5167. Chipping shall be accomplished as prescribed in R 408.15231 (1), (3) and (5) of General Industry Safety Standard Part 52, “Sawmills,” as referenced in R 408.15102.

TRUCK EQUIPMENT AND OPERATION

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15171 Rescinded {#sec-r-408.15171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15171}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15172 Side, end, and trip stakes {#sec-r-408.15172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15172}

Rule 5172. (1) A side or end stake used in hauling logs shall be made of steel or dense hardwood of sufficient strength to remain at a 90 degree angle from the bed of a loaded truck.

(2) A trip stake shall be released from the side of the truck or trailer opposite the location of the trip stake.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15173 Rescinded {#sec-r-408.15173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15173}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15174 Rescinded {#sec-r-408.15174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15174}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15175 Transport vehicles {#sec-r-408.15175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15175}

Rule 5175. (1) A transport vehicle shall be positioned to provide working clearance between the vehicle and the deck.

(2) Only the loading or unloading machine operator and other personnel the employer demonstrates are essential shall be in the work area during loading and unloading.

(3) A transport vehicle operator shall not remain in the cab during loading and unloading if the logs are carried or moved over the truck cab, unless the employer demonstrates that is necessary for the operator to do so.

If the transport vehicle operator remains in the cab, then the employer shall provide protection for the operator, such as reinforcement of the cab.

(4) Each log shall be placed on a transport vehicle in an orderly manner and be tightly secured.

(5) The load shall be positioned to prevent log slippage or loss during handling and transport.

(6) Each stake and chock which is used to trip loads shall be constructed so that the tripping mechanism is activated on the side opposite the release of the load.

(7) Each tie down shall be left in place over the peak log to secure all logs until the unloading lines or other employer demonstrated equivalent protection has been put in place. A stake that is strong enough to withstand the forces of shifting or moving logs shall be considered equivalent protection if the logs are not loaded higher than the stake.

(8) Each tie down shall be released only from the side on which the unloading machine operates, except as follows:

(a) When the tie down is released by a remote control device.

(b) When the employee making the release is protected by racks, stachions, or other protection that the employer demonstrates is capable of withstanding the force of the logs.

(9) The transport vehicle operator shall assure that each tie down is tight before transporting the load. While enroute, the operator shall check and tighten the tie down if there is reason to believe that the tie downs have loosened or the load has shifted.

(10) Each deck shall be constructed and located so that it is stable and provides each employee with enough room to safely move and work in the area.

History

• History: 1996 AACS.

Mich. Admin. Code R 408.15180 Firewood and log-splitting operations {#sec-r-408.15180 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15180}

Rule 5180. (1) An employee who operates a log splitter shall also load the logs into the splitter.

(2) The bed of a hydraulic or mechanical ram splitter shall be constructed so that the log or firewood is in a stable position without being held by the operator or any other employee at the beginning of the splitting operations.

(3) Wood shall be split only in the direction of the grain.

(4) When loading the splitter, an employee shall hold logs or firewood on the sides and not on the ends.

(5) An employee shall keep his or her hands away from the ram, wedge, and partly split logs and firewood.

(6) A splitter shall not be left unattended while running.

(7) A splitter engine shall not be refueled while running.

(8) A splitter shall be set up so that the operator is not standing on a slope or a slippery surface.

(9) With the ram fully extended, a clearance of at least 1 inch, but not more than 2 inches, shall be maintained between the pressure plate and the wedge.

(10) An auger log splitter shall include a permanently attached means to prevent log rotation.

(11) The operating control on a splitter shall be of the deadman type, which automatically returns to the off or neutral position if the operator removes his or her hands from the control.

(12) The splitting control for ram-type splitters shall move in the same direction as the splitting action.

(13) The operating controls of a log splitter shall be located so the operator can operate the log splitter without being exposed to unexpected contact with a log or moving machinery.

History

• History: 1989 AACS.

Mich. Admin. Code R 408.15181 Power takeoff {#sec-r-408.15181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15181}

Rule 5181. (1) Power takeoff-driven equipment shall be guarded to prevent employee contact with the positively driven, rotating member of the power-driven system. Where power takeoff-driven equipment is of a design requiring the removal of the master shield, the attaching equipment shall include protection from the portion of the tractor power takeoff shaft that protrudes from the tractor.

(2) A tractor having a power takeoff shaft shall be equipped with a master shield on the power takeoff shaft, except as permitted in subrule (1) of this rule. The shield shall be strong enough to prevent permanent deformation when a 250-pound operator mounts or dismounts the tractor and uses the shield as a step.

History

• History: 1989 AACS.

R 408.15201 to R 408.15284 Part 52. Sawmills

Mich. Admin. Code R 408.15201 Scope {#sec-r-408.15201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18, 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 52. SAWMILLS

GENERAL PROVISIONS

Rule 5201. This standard provides for the safe maintenance and operation of machinery and equipment by the employer and their safe use by the employees for sawmills, including wood pallet and wood box making plants, in or about places of employment in this state.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.15202 Definitions; B {#sec-r-408.15202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15202}

Rule 5202. (1) “Binder” means a chain, cable, or rope used to bind loads.

(2) “Bolt” means a log which is cut to a length of 8 feet or less and which is ready for sawing into boards.

(3) “Bolt saw” means a saw that is used to cut bolts into cants or boards.

(4) “Boom” means logs or timbers fastened together end-to-end and used to contain floating logs. The term includes enclosed logs.

(5) “Boom sticks” means logs or timbers used in making up a boom.

(6) “Brow log” means a log placed parallel to a roadway at a landing or dump to protect vehicles while loading or unloading.

(7) “Bunk” or “dunnage” means a cross support for a load.

History

• History: 1979 AC; 1989 AACS; 2014 AACS.

Mich. Admin. Code R 408.15203 Definitions; C {#sec-r-408.15203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15203}

Rule 5203. (1) "Cant" means a log slabbed on 1 or more sides.

(2) "Carrier" means an industrial truck which is designed and constructed so that it straddles the load to be transported and is equipped with mechanisms to pick up the load and support it during transportation.

(3) "Chipper" means a machine which cuts material into chips of a predetermined size.

(4) "Chock" or "bunk block" means a wedge that prevents logs or loads from moving.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15204 Definitions; D to G {#sec-r-408.15204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15204}

Rule 5204. (1) "Debarker" or "barker" means a machine which removes the bark from a log.

(2) "Dog" means a steel tooth, 1 or more of which are attached to each carriage to hold a log in place on a carriage.

(3) "Edger" means a machine consisting of 2 or more circular saws used to cut boards to width.

(4) "Gang saw" means a machine consisting of 2 or more saw blades used to break down sawmill materials into multiple widths.

(5) "Green chain" means 2 or more endless runs of chain used to carry boards from the final saw.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15205 Definitions; H {#sec-r-408.15205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15205}

Rule 5205. (1) “Head block” means a part of a carriage that holds a log and upon which the log rests. It generally consists of base, knee, taper set, and mechanism.

(2) “Head rig” means a combination of a headsaw and carriage used for the initial breakdown of a log into timbers, cants, and boards.

(3) “Headsaw” means a saw, either circular or band type, used for the initial breakdown of a log into timbers, cants, and boards.

(4) “Hog” means a machine used for cutting, chipping, or grinding slabs, bark, and other coarse residue.

(5) “Husk” means the framework of a circular headsaw.

(6) “Head sawyer” means an operator of a headsaw.

(7) “Kiln tender” means the operator of a kiln.

History

• History: 1979 AC; 1989 AACS; 2014 AACS.

Mich. Admin. Code R 408.15206 Definitions: L to R {#sec-r-408.15206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15206}

Rule 5206. (1) "Live rolls" means cylinders of wood or metal mounted on horizontal axes or shafts and rotated by power, which are used to convey slabs, lumber and other wood products.

(2) "Log deck" means a platform on which logs lay awaiting debarking or sawing.

(3) "Log haul" means a conveyor for transferring logs to the mill.

(4) "Log turner" means a device used to turn logs for head sawing.

(5) "Package" means a unit of lumber.

(6) "Personal protective equipment" means the apparel worn by the employee to protect his person from injury.

(7) "Pike pole" means a long pole whose end is shod with a sharp pointed spike.

(8) "Point of operation" means the area of a machine where material is actually worked.

(9) "Reeving" means to pass or thread a rope through a hole or block.

(10) "Resaw" means circular, band, or gang saw used to break down slabs or cants to boards.

(11) "Roll case" means a horizontal or inclined conveyor comprised of cylindrical rolls, which are sometimes powered, and which are used for the transfer of logs or lumber from 1 work station to another.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15207 Definitions; S {#sec-r-408.15207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15207}

Rule 5207. (1) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the actual safe load when in use.

(2) "Safety hook" means a hoisting hook with means to retain a hoisted object on the hook.

(3) "Saw guide" means a device for steadying a circular or band saw.

(4) "Sawmill carriage" means framework mounted on wheels which runs on tracks or in grooves in a direction parallel to the face of a saw and which contains apparatus to hold a log and advance it toward a saw.

(5) "Setworks" means a mechanism on a carriage used to move a log into position for another cut.

(6) "Splitter" means a knife-type, nonrotating spreader.

(7) "Spreader" means a wheel that separates a board from a log in back of a circular saw to prevent binding.

(8) "Sticker" means a strip of material used in stacking to separate courses of boards.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15208 Definitions; T {#sec-r-408.15208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15208}

Rule 5208. (1) "Tailer" means an employee who stands opposite the feed end of a machine and removes the processed stock.

(2) "Telltales" means a device such as pieces of rope used to serve as a warning for overhead objects.

(3) "Top saw" means the upper of 2 circular saws on a head rig, both being on the same husk.

(4) "Transfer deck" means an area where boards are transferred from head saw or edger to the trim saw.

(5) "Trimmer saw" means a machine consisting of 2 or more circular saws used to cut boards to length.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15209 Adopted and referenced standards {#sec-r-408.15209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15209}

Rule 5209. (1) The following standards are adopted in these rules and are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, USA, 80112, telephone number: 1-800-854-7179 or via the internet at web-site: http://global.ihs.com ; at a cost, as of the time of adoption of these rules, as stated in these rules:

(a) American National Standard Institute (ANSI) Standard ANSI A11.1 “Industrial Lighting,” 1965 edition. Cost $153.00.

( b) ANSI Z21.30 “Installation of Gas Appliances and Gas Piping,” 1964 edition.

Cost: $90.00.

(2) The following standards are adopted in these rules and are available from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, telephone number: 1-617-770-3000 or via the internet at website: www.nfpa.org ; at a cost, as of the time of adoption of these rules, as stated in these rules:

(a) NFPA 91 “Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying,” 1961 edition. Cost $27.00.

(b) NFPA 302 “Fire Protection Standard for Pleasure and Commercial Motor Craft,” 1968 edition. Cost $27.00.

(3) The standards adopted in these rules are available for inspection at the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at web-site: www.michigan.gov/mioshastandards . For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.10701 to R 408.10765.

(c) General Industry Safety and Health Standard Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193.

(d) General Industry Safety and Health Standard Part 27 “Woodworking Machinery,” R 408.12701 to R 408.12799.

(e) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) Occupational Health Standard Part 301 “Air Contaminants for General Industry,”

R 325.51101 to R 325.51108.

(g) Occupational Health Standard Part 433 “Personal Protective Equipment,”

R 325.60001 to R 325.60013.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15211 Employer responsibilities {#sec-r-408.15211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15211}

Rule 5211. (1) An employer shall do all of the following:

(a) Provide training to each employee as to hazards and safe operation of the assigned job.

(b) Maintain machinery, equipment, buildings, ramps, platforms, and aisles in a hazard-free condition. When a hazardous condition develops concerning floors, docks, and passageways that cannot be immediately repaired, the area shall be guarded until adequate repairs are made.

(c) Provide head protection which shall be used by all employees outside the office, including those in the dry storage area, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15209.

(d) Provide, and an employee shall use, eye protection as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15209. If impact resistance is not required, the employee may wear a steel wire or nylon mesh screen, or equivalent, mounted on a protective helmet. The screen shall be of sufficient strength to protect the face to below the nose from chips or sawdust from the saw.

(e) Provide an approved life jacket to an employee working over water, at no expense to the employee.

(f) Install all gas piping and appliances as prescribed in ANSI standard Z21.30 “Installation of Gas Appliances and Gas Piping,” 1964 edition, as referenced in R 408.15209.

(2) Physical hazard color identification marking shall be in accordance with the following requirements:

(a) Red shall be the basic color for the identification of any of the following:

(i) Fire protection equipment and apparatus.

(ii) Danger, such as any of the following:

(A) Safety cans or other portable containers of flammable liquids having a flash point at or below 80º F.

(B) Table containers of flammable liquids, open cup tester, excluding shipping containers, shall be painted red with some additional clearly visible identification either in the form of a yellow band around the can or the name of the contents conspicuously stenciled or painted on the can in yellow.

(C) Red lights shall be provided at barricades and at temporary obstructions.

(D) Danger signs shall be painted red.

(iii) Stop, shall apply to both of the following:

(A) Emergency stop bars on hazardous machines such as rubber mills, wire blocks, flat work ironers, and others, shall be red.

(B) Stop buttons or electrical switches where letters or other markings appear, and are used for emergency stopping of machinery shall be red.

(b) Yellow shall be the basic color for designating caution and for marking physical hazards for as any of the following:

(i) Striking against.

(ii) Stumbling.

(iii) Falling.

(iv) Tripping.

(v) "Caught in between."

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15212 Employees general duties {#sec-r-408.15212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15212}

Rule 5212. An employee shall do all of the following:

(a) Abide by the safety procedures pertaining to the job as prescribed by the employer and comply with these rules.

(b) Examine the work area and equipment that is going to be used before work begins and report a dangerous or unsafe condition in the work area or equipment to the immediate supervisor.

(c) Refrain from a reckless practice or action which could result in an accident or injury.

(d) Not operate a machine without prior training, instruction, and authorization.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15212a Protective equipment {#sec-r-408.15212a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15212a}

Rule 5212a. The use of chemicals shall be controlled so as to protect employees from harmful exposure to toxic materials. Where necessary, employees shall be provided with and required to wear protective equipment that will afford adequate protection against harmful exposure as required by General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” and Occupational Health Part 433 “Personal Protective Equipment,” as referenced in R 408.15209.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15213 Burners {#sec-r-408.15213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15213}

Rule 5213. (1) If the burner stack is not self-supporting, it shall be guyed or otherwise supported.

(2) The conveyor runway to the burner shall be equipped with a standard handrail.

If the runway crosses a roadway or thoroughfare, standard toeboards shall be provided in addition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15221 Illumination {#sec-r-408.15221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15221}

Rule 5221. (1) Illumination shall be provided at the operator’s work station to maintain a minimum of 30 foot candle intensity, except at a debarker, head saw or trim saw. A minimum of 30 foot candle intensity shall be provided at the point of operation of a debarker, head saw or trim saw.

(2) Work areas under mills shall be as evenly surfaced as local conditions permit.

Work areas under mills shall not have unnecessary obstructions and shall have lighting facilities in accordance with ANSI A11.1 “Industrial Lighting” 1965 edition, as adopted in R 408.15209 (3) Log dumps, booms, ponds, or storage areas used at night shall be illuminated in accordance with the requirements of ANSI A11.1 “Industrial Lighting” 1965 edition, as adopted in R 408.15209 (4) An employer shall ensure that illumination is provided and designed to supply adequate general and local lighting to rooms, buildings, and work areas when in use.

(5) The adequacy and effectiveness of illumination shall be determined using all of the following factors:

(a) The quantity of light in foot-candle intensity is sufficient for the work being done.

(b) The quality of the light is free from glare, and has correct direction, diffusion, and distribution.

(c) Shadows and extreme contrasts are avoided or kept to a minimum.

(6) All stairways shall be adequately lighted as prescribed in subrules (4) and (5) of this rule.

(7) Fuel houses, bunkers, hoppers, and bins shall have adequate exits and lighting, and all necessary safety devices shall be provided. Persons entering fuel houses, bunkers, hoppers, and bins shall use the safety devices.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15222 Walking-working surfaces {#sec-r-408.15222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15222}

Rule 5222. (1) An aisle or floor work area shall be kept free of protruding objects, holes, and loose boards.

(2) A floor at the operator's station of a machine shall be maintained free of any slip or trip hazard.

(3) A floor shall be capable of sustaining the imposed load.

(4) An aisle, passageway, roadway, or dock shall be of such width as to provide for the safe passage of employees or vehicles, or both. A dock where powered industrial trucks are used shall be provided with a guard or bumper along its perimeter, except at loading or unloading points, to prevent overrun.

(5) A swinging door shall be provided with a window in each section. The window shall be of clear safety glass or equivalent material or protected against breakage.

(6) Where a doorway opens upon a railroad track or upon a tramway or dock over which vehicles travel, a barrier or other warning device shall be placed to prevent employees from stepping into moving traffic.

(7) Where elevated platforms are used routinely on a daily basis, the elevated platforms shall be equipped with stairways or fixed ladders that comply with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209.

(8) Stairways shall be constructed in accordance with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209.

(9) In dry kilns and facilities, a fixed ladder complying with the requirements General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209, or other adequate means, shall be provided to permit access to the roof. Where controls and machinery are mounted on the roof, a permanent stairway with standard handrail shall be installed in accordance with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces”.

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.15223 Power control {#sec-r-408.15223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15223}

Rule 5223. (1) A machine shall be equipped with an emergency stop device, red in color, which can be activated from the operator’s work station.

(2) A machine attended by more than 1 operator shall be equipped with a control for each operator exposed to a point of operation hazard. These controls shall be interlocked to prevent operation until each operator activates his control.

(3) A machine control shall be designed and installed to prevent unintentional activation by contact with objects or part of the body.

(4) A written lockout procedure shall be established by an employer and used by an employee. A power source of any equipment to be repaired, serviced or set up shall be locked out by each employee while doing work. Any residual pressure shall be relieved prior to and during work.

(5) Upon power failures, provisions shall be made to prevent machines from automatically restarting upon restoration of power.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15224 Hydraulic safety {#sec-r-408.15224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15224}

Rule 5224. (1) A hydraulic system shall have a designed safety factor of not less than 4.

(2) A hydraulic, air or steam line shall be bled before opening it for maintenance work.

(3) Equipment supported by hydraulic, air or steam pressure shall be blocked or otherwise secured before maintenance work is begun.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15225 Chain, chain slings, and chain fittings {#sec-r-408.15225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15225}

Rule 5225. (1) A chain and its component parts, other than alloy steel chain having a minimum tensile strength of 125,000 pounds per square inch, shall have a safety factor of not less than 5. Alloy chain shall not be used in excess of the working load in straight tension for its size as prescribed in table 1.

(2) A chain used in load-carrying service shall be inspected before initial use and weekly thereafter. Chain with bent, twisted, or elongated links or hook that has been open more than 15% at the throat from the original set or twisted more than 10% from the plane of the unbent hook shall not be used until the defective part is replaced.

(3) A bolt or nail shall not be used to shorten or join links together.

(4) Installation, inspection, maintenance, repair, and testing of chains shall be done only by an employee qualified to do such work.

(5) Proper storage shall be provided for slings while not in use.

(6) If, at any time, any 3-foot length of chain is found to have stretched 1/3 the length of a link shall be discarded.

(7) Table 1 reads as follows:

Table 1 Working load – Single chain Nominal Size, Chain Bar, In.

Work Load, Lb. Max. 1/4 3,250 3/8 6,600 1/2 11,250 5/8 16,500 3/4 23,000 7/8 28,500 1 38,750 1 1/8 44,500 1 1/4 57,500 1 3/8 67,000 1 1/2 80,000 1 3/4 100,000

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.15226 Cable, wire rope, and wire rope slings {#sec-r-408.15226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15226}

Rule 5226. (1) Cable, wire rope, and wire rope slings shall have a designed safety factor of not less than 5.

( 2) Wire rope and cable in load-carrying or hoist service and their fittings shall be visually inspected when installed and once each day thereafter when in use.

(3) Wire rope shall not be used if, within a segment of 8 diameters in length, the total number of visible broken wires exceeds 10% of the total number of wires or if the rope shows other signs of excessive wear, corrosion, or defects.

(4) Wire rope and cable removed from service due to defects shall be plainly marked or identified as being unfit for further use on a crane, hoist, or other load-carrying device.

(5) When U-type cable clips are applied, the U-type cable clips shall comply with figure 1.

(6) Cable clips shall be spaced approximately 6 rope diameters apart.

(7) Wire rope and cable shall be protected at sharp or tight bends by use of corner irons or blocks.

(8) A safety hook shall be used where there is a hazard created if the tension on the hook can be relieved by fouling or catching.

(9) Installation, inspection, maintenance, repair, and testing of ropes, cables, and slings shall be done only by persons qualified to do such work.

(10) Proper storage shall be provided for a sling while not in use.

(11) Connections, fittings, fastenings, and other parts used in connection with ropes and cables shall be of good quality and of proper size and strength and shall be installed in accordance with the manufacturer's recommendations.

(12) Hooks, shackles, rings, pad eyes, and other fittings that show excessive wear or that have been bent, twisted, or otherwise damaged shall be removed from service.

(13) Running lines of hoisting equipment located within 6 feet 6 inches of the ground or working level shall be boxed off or otherwise guarded or the operating area shall be restricted.

(14) There shall be not less than 2 full wraps of hoisting cable from slipping off.

(15) A drum shall have a flange at each end to prevent the cable from slipping off.

(16) A bottom sheave shall be protected by a close-fitting guard to prevent the cable from jumping the sheave.

(17) The reeving of a rope shall be so arranged as to minimize the chafing or abrading while in use.

(18) Multiple-part lines shall not be twisted around each other. If there is a slack rope condition, the rope shall be properly seated on the drum and in the sheaves.

(19) Knots shall not be allowed in a wire rope.

(20) Figure 1 reads as follows:

FIGURE 1

NOTE: There is only 1 correct method of installing wire rope clips. Wire rope clips should be attached to rope ends as shown in photograph above. The base of each clip should bear against the live, or long rope end, and the U-bolt should bear against the dead or short rope end.

NUMBER AND SPACING OF CLIPS

FOR ROPES OF VARIOUS SIZES

Diameter of rope (in.)

Number of clips Center-to-center space between clips (in.)

Length of rope turned back exclusive of eye (in.) 1/4 2 1 1/2 3 5/16 2 1 7/8 4 3/8 2 2 1/4 5 7/16 2 2 5/8 6 1/2 3 3 9 5/8 3 3 3/4 12 3/4 4 4 1/2 18 7/8 4 5 1/4 21 1 4 6 24 1 1/8 5 6 3/4 34 1 1/4 5 7 1/2 38 1 3/8 6 8 1/4 50 1 1/2 6 9 54 1 5/8 6 9 3/4 60 1 3/4 7 10 1/2 74 1 7/8 8 11 1/4 90 2 8 12 96 2 1/8 8 13 104 2 1/4 8 14 112

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.15227 Housekeeping {#sec-r-408.15227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15227}

Rule 5227. (1) Chips, sawdust and other debris shall be removed from working areas to prevent an accumulation which would constitute a hazard.

(2) Pipes, beams and other overhead objects in the operating area of a sawmill shall be cleaned off a minimum of once a month to remove dust accumulations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15228 Pressure feed rolls {#sec-r-408.15228 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15228}

Rule 5228. Pressure feed rolls shall be guarded to prevent the hands of an operator when at his regular work station from coming in contact with the in-running rolls. A guard shall be made of a minimum of 14 gauge sheet metal or material of equivalent or greater strength.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15229 Bins, bunkers, hoppers, and fuel houses {#sec-r-408.15229 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15229}

Rule 5229. (1) An open bin, bunker, or hopper extending less than 36 inches above the working level shall be provided with a guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209, or the opening shall be covered with a grating with openings small enough to prevent an employee from falling through.

(2) Where wheeled equipment is used to move materials to a bin, bunker or hopper, a bumper stop shall be provided where the bin, bunker or hopper is at floor level. An employee shall be protected from the open side by a guardrail system installed along each side of the wheeled equipment runway.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15230 Fiber rope {#sec-r-408.15230 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15230}

Rule 5230. (1) Frozen fiber rope shall not be used in load carrying service.

(2) Fiber rope that has been subjected to acid or excessive heat shall not be used for load carrying purposes.

(3) Fiber rope shall be protected from abrasion by padding where it is fastened or drawn over square corners or sharp or rough surfaces.

SPECIFIC EQUIPMENT

History

• History: 1979 AC.

Mich. Admin. Code R 408.15231 Chippers and hogs {#sec-r-408.15231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15231}

Rule 5231. (1) A whole log chipper or a hog shall have the feed system arranged so that an employee does not stand in direct line with the chipper hopper.

(2) A guard shall be installed over the chipping or hog throat to prevent slab and wood particles from being discharged at an operator.

(3) To prevent an employee from falling onto a chipper or hog belt-type, feed-in conveyor, the belt-type conveyor shall be guarded for the entire length of the conveyor by an enclosure or guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209.

(4) A safety belt and lanyard shall be used by an employee when feeding at or near the hopper of a drop feed chipper or drop feed hog. The lanyard shall be adjusted to prevent an employee from falling into the chipper or hog.

(5) A board chipper or hog shall have the feed spout enclosed not less than 40 inches from the blade to the opening or the operator shall wear a safety belt and lanyard. The lanyard shall be short enough to prevent any portion of the operator’s body from touching the blade.

(6) Where jam-ups cannot be cleared with a stick, the in-feed equipment shall be stopped and locked out and the employee clearing the jam shall be provided with, and use, a safety belt and lanyard, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15209, which is adjusted to prevent contact with the chipper blade before additional cleaning is done.

(7) A chipper on a head rig or edger shall be enclosed to protect the employee.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15232 Log deck {#sec-r-408.15232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15232}

Rule 5232. (1) A log deck shall be provided with a stop or other safeguard to prevent logs from inadvertently advancing onto the carriage of its runway.

(2) A barricade or other positive stop of such strength to hold back a log shall be erected between a log deck and a head sawyer.

(3) Drag, swing, circular cutoff saws, and spiked rolls shall be so located and guarded to allow access to and from the building without endangering passing employees.

(4) Loose chain from overhead equipment shall not hang over the log deck so as to be struck by an employee.

(5) Logs shall be arranged in a manner to prevent their accidental falling or rolling from the deck.

(6) Overhead protection shall be provided for an employee working below logs being moved to the log deck.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15233 Debarkers {#sec-r-408.15233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15233}

Rule 5233. (1) A debarker shall be guarded by an enclosure or by location so as to protect an employee from flying bark and other debris.

The enclosure shall have a window between the operator and debarker of 3/8inch plexiglass or material of equivalent or greater strength.

(2) Hold-down rolls shall be used at the in-feed and out-feed sections of mechanical ring debarkers to control the movement of a log.

(3) Where an elevating ramp or gate is used, a means such as a chain or blocking shall be used to insure its suspension when an employee is required to work under it.

(4) A bumper pillar or post of adequate strength to contain a log when passing through a stationary debarker head shall be in place.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15234 Sawmill carriages {#sec-r-408.15234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15234}

Rule 5234. (1) A stop or bumper with shock-absorptive qualities shall be installed at the ends of a carriage runway to prevent its leaving the track limits.

(2) Dogs shall hold a log, cant, or board in such manner that the log, cant, or board cannot escape from the carriage. Safeguards shall be installed to insure that if the electrical power fails, the pressure of the dog on the log will not release a log until the headsaw has stopped.

(3) A carriage track sweeping device shall be used to keep track rails clear of debris.

(4) A barrier shall be provided to prevent the entry of employees in the carriage travel area during sawing operations.

(5) When a sawyer leaves the operating station, the carriage controls shall be placed and held in the off position by a mechanical device.

(6) When a powered carriage is returned to the end of the runway for maintenance work, a device shall be provided to prevent movement of the carriage.

(7) A means of egress shall be provided from the operator's station.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15241 Head band saws and band resaws {#sec-r-408.15241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15241}

Rule 5241. (1) A head band saw and band resaw shall not be operated at a speed in excess of the manufacturer's rating. The rating shall be permanently marked on the wheel.

(2) A band saw blade shall not be used if it has a crack greater than 1/10 of the blade width.

(3) A head band saw and band resaw shall be inspected monthly for defects which would affect their safe operation. A head band saw and band resaw shall not be used if a wheel has a loose hub, loose spokes, or a cracked rim. A head band saw and band resaw shall have both wheels enclosed, except for that portion where the blade leaves and returns to the wheel. Materials used to enclose the wheels shall be not less than 14-gauge sheet metal or material of equivalent or greater strength.

(4) A head band saw shall be provided with a saw catcher constructed to catch a runaway blade.

(5) An operator work station for a head band saw shall have an enclosure on not less than 3 sides, not including the back, to protect the operator from flying debris. Above this enclosure there shall be a piece of 3/8-inch plexiglass or material of equivalent or greater strength and of such height between the sawyer and the saw blade to protect the sawyer from flying objects.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15242 Circular head saw {#sec-r-408.15242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15242}

Rule 5242. (1) A circular headsaw shall not be operated at a speed in excess of the manufacturer's rating, which shall be etched on the blade. A circular headsaw shall be equipped with guides to prevent blade wobble.

(2) Horizontal distance from a circular headsaw blade to the nearest vertical husk part shall be at least 1 inch greater than the distance from the blade collar to the tip of the blade.

(3) Behind a circular head saw blade, the saw shall be equipped with a spreader wheel or a splitter.

(4) A splitter shall be constructed of tempered steel or its equivalent and shall not be thinner than the saw kerf.

(5) The work station of an off-bearer shall be constructed to prevent the offbearer from working closer than 42 inches from the saw blade.

(6) The work station of the operator of a circular saw shall be enclosed as prescribed in R 408.15241(5).

(7) If a circular headsaw has setworks that are manually operated or a carriage that is manually loaded, both of the following provisions shall be complied with:

(a) A barricade or other positive stop of such strength to hold back a log shall be erected between the log deck and the sawyer.

(b) The guard required at the sawyer station shall be a shield which is 36 inches high and which is between the operator and the saw with an extension of 3/8-inch plexiglass or material of equivalent strength of such height and width to protect the sawyer from flying objects.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15243 Double circular head saw {#sec-r-408.15243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15243}

Rule 5243. A double circular head saw shall comply with R 408.15242 and in addition, have a movable guard or hood made of a minimum of 14 gauge sheet metal or material of equivalent or greater strength over the upper blade.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15244 Self-feed circular gang saws {#sec-r-408.15244 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15244}

Rule 5244. (1) A bank of circular gang saws and their feed rolls, if so equipped, shall be enclosed by a cover over the top, front, and open ends, except where guarded by location. A drive mechanism to feed rolls shall be enclosed. The cover shall be made of a minimum of 14 gauge sheet metal, or material of equivalent or greater strength, and the bottom of the cover shall come within 3/8 inch of the plane formed by the bottom of the working surfaces of the feed rolls.

(2) A circular gang saw shall be equipped with an anti-kickback device. A circular gang saw shall be equipped with a live roll or other tailing device on the off side or shall be provided with a splitter as prescribed in R 408.15242(4).

(3) The carriage cradle of a whole log sash gang saw shall be of such height as to prevent a log from kicking out while being loaded.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15245 Trimmer saw {#sec-r-408.15245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15245}

Rule 5245. (1) A trimmer saw shall be guarded by a barrier made of 11 gauge metal, or material of equivalent or greater strength, to contain the trimmings flying from the point of operation and to prevent an employee from coming in contact with any saw blade on the trimmer. The barrier shall be securely bolted to a substantial frame. This guard for a series of saws shall be set as close to the top of the trimmer table as practical.

(2) An automatic trimmer saw shall be provided with a safety stop or hanger to prevent saws from dropping on the table.

(3) The rear of a trimmer saw shall have a guard the full width of the saws and as much wider as practical.

(4) A trimmer saw shall not be run at peripheral speeds in excess of those recommended by the manufacturer.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15246 Edger saws {#sec-r-408.15246 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15246}

Rule 5246. (1) An edger shall not be located in the main roll case behind the headsaw. Edger saw blades shall be guarded against unintentional contact.

(2) A control device shall be installed and located so that the operator can stop the pressure feed rolls without releasing their tension.

(3) An edger shall be equipped with both of the following:

(a) Anti-kickback fingers designed to provide holding power for all thicknesses of material being cut.

(b) Live rolls or other tailing device on the off side of the headsaw, which is so guarded that an employee cannot contact any part of the edger saw from his or her work station.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15247 Bolt, cant, or slat saw {#sec-r-408.15247 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15247}

Rule 5247. (1) A bolt, cant, or slat saw shall have the point of operation guarded or the work stations of the tailer and operation shall be constructed to prevent the tailer or operator from working closer than 42 inches from the saw blade.

(2) A feeding mechanism, such as powered live rolls or carriage, shall be used to feed materials through a bolt, cant, or slat saw.

(3) A saw shall be equipped with a spreader wheel or a splitter when behind a bolt, cant, or slat saw blade.

(4) The blade of a bolt, cant, or slat saw shall be guarded to cover the top and both sides. Hangdown deflectors of 3/8-inch plexiglass or equivalent protection shall be installed on the in-feed end and extend to the top of the saw blade. See figure 2.

(5) Figure 2 reads as follows:

Figure 2 Blade Guard (Bolt, cant, or slat saw)

History

• History: 1979 AC; 1989 AACS; 2018 AACS.

Mich. Admin. Code R 408.15251 Woodworking machines {#sec-r-408.15251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15251}

Rule 5251. An employer using machines and equipment more commonly found in a woodworking shop, including but not limited to, jointers, planers, mitre saws and swing cutoff saws, shall follow the General Industry Safety and Health Standard Part 27 “Woodworking Machinery,” as referenced in R 408.15209.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15252 Kilns {#sec-r-408.15252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15252}

Rule 5252. (1) A kiln door shall have a device to hold it open during a loading or unloading cycle. A counterweight for the kiln door shall be guarded as prescribed in General Industry Safety Standard Part 7 “Guards and Power Transmission,” as referenced in R 408.15209. Installation of a kiln door shall be such that it will not topple if it becomes disengaged from the carriers or hangers.

(2) If procedures require access to a kiln, then either of the following applies:

(a) The kiln shall be provided with an escape hatch that opens from the inside, swings with the direction of travel, and is located in or near the main kiln door.

(b) A passageway shall be provided on not less than 1 side or in the center of an end piled kiln, or on 2 sides of a cross piled kiln.

(3) A steam line less than 7 feet from the floor and in or by a walkway shall be covered with an insulating material or protected by a barrier.

(4) A kiln car shall be blocked by chocks to prevent unintentional movement.

(5) A kiln shall be constructed on a foundation capable of preventing the sagging of the racks.

(6) Where a pit is provided, it shall be ventilated, drained, and lighted and large enough to give the operator safe working space with operating devices such as valves, dampers, damper rods, and traps.

(7) A warm room shall be provided for kiln employees to stay in during cold weather after leaving a hot kiln.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.15253 Storage and transfer of lumber {#sec-r-408.15253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15253}

Rule 5253. (1) Lumber shall be stacked on foundations constructed to support the maximum load without sinking, sagging or permitting the pile to topple. A pile of lumber which is not stable shall be restacked at once or the area guarded by a barrier.

(2) Long packages of lumber shall not be placed on short packages except where a stable pile can be made by use of package separators.

(3) Where necessary to insure stability, a package of lumber shall be provided stickers. A sticker shall extend to within 2 inches, plus or minus, of the full width of the package. Stickers shall be aligned 1 above the other.

(4) A load of lumber shall be built and secured to insure stability during transit.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15254 Stackers and unstackers {#sec-r-408.15254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15254}

Rule 5254. (1) A stacker or unstacker shall be blocked whenever an employee goes beneath the hoisting platform.

(2) The lifting device on a stacker or unstacker shall be constructed or equipped with safety devices to minimize the potential of lumber falling.

(3) Guarding of a stacker hoistway openings and lower landing shall be pursuant to General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209.

(4) Where an operator has no clear view of the discharge path from a stacker, or in case of a discharge path of an automatic stacker, a barrier guard shall be provided to prevent an employee from entering the discharge path. In either case, a warning device shall be installed to alert an employee of the hazard.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15256 Cleaning pits {#sec-r-408.15256 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15256}

Rule 5256. An employer shall provide safe means of entrance and exit to permit cleaning of pits.

PALLET EQUIPMENT

History

• History: 2014 AACS.

Mich. Admin. Code R 408.15261 Nailers {#sec-r-408.15261 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15261}

Rule 5261. (1) A hand-held, power operated nailer or stapler shall be equipped and maintained with a safety switch at the point of operation as well as a finger control switch.

(2) An automatic nailer or stapler shall have the point of operation guarded or enclosed to within 1/4 inch of the material.

(3) Where a nailer or stapler has more than 1 operator, each operator shall be supplied with a control which shall be activated concurrently or the machine will not operate.

(4) A foot control shall be provided with a cover or guard to prevent accidental activation. The construction of the cover or guard shall be as prescribed in General Industry Safety Standard Part 23 “Hydraulic Power Presses,” as referenced in R 408.15209.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.15262 Pallet notchers {#sec-r-408.15262 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15262}

Rule 5262. A pallet notcher shall be equipped with a hood designed to contain flying pieces and chips and controls to prevent the hands of the operator from entering the point of operation. A method of feeding shall be provided to prevent kickbacks.

LOG AND MATERIAL HANDLING AND STORAGE

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15271 Hauling trucks, egress, and pickup points {#sec-r-408.15271 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15271}

Rule 5271. (1) A truck used to haul lumber or logs shall have a bulkhead extending to the top of the operator's compartment and capable of containing the movement of the load caused by a sudden stop.

(2) Stakes, stake pockets, binders, and tighteners shall be provided on the truck to secure the load against movement. Where rollers are provided, not less than 2 shall be equipped with locks which shall be locked during transit.

(3) An area of restricted width or height shall be posted with a warning sign.

(4) Where accurate spotting is required to load and unload packages of lumber, those points shall be marked and wheel stop provided.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.15272 Securing of truck loads {#sec-r-408.15272 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15272}

Rule 5272. (1) A trip stake shall be released from the side of the truck or trailer opposite the location of the trip stake.

(2) When the entire load of logs are unloaded by a device or sling from a truck or trailer, in a single operation, the following shall apply:

(a) A binder shall not be released until the unloading lines or other unloading device secures the load.

(b) Binders shall be released only from the side on which the unloader operates, except when released by remote control devices or except when the person making the release is protected by racks or stanchions or other equivalent means.

(c) When a binder is fouled by the unloader, the load shall be secured by an extra binder of equivalent strength or otherwise secured until the fouled binder is removed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15273 Log and material handling equipment {#sec-r-408.15273 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15273}

Rule 5273. (1) Equipment used for handling logs and material shall be equipped with a braking system capable of holding the imposed load of equipment and material.

(2) A hydraulic system of log and material handling equipment shall be equipped with a valve capable of preventing uncontrolled descent of the load in case of failure of the system.

(3) Log and material handling equipment shall be equipped with a limit switch to prevent over-travel of the lift arms if the control device is not released in time.

(4) When a forklift-type handling machine is used, a means shall be used to secure a loading attachment to the forks.

(5) Where log and material handling mobile equipment lifts the load higher than the operator’s head, overhead protection shall be provided not less than equivalent to that prescribed in General Industry Safety and Health Standard Part 21 “Powered Industrial Trucks,” as referenced in R 408.15209.

(6) Mobile log and material handling mobile equipment shall be equipped with head and rear running lights when used during periods of darkness.

(7) Unloading devices shall have their movements coordinated by audible or hand signals when the operator’s vision is obstructed or when operating near another employee.

(8) Wood pike poles shall be straight-grained, select material. Defective or blunt poles shall not be used. A handle for a pike pole used near conductors shall be of an insulating type material.

(9) An ungrounded electrically powered hoist operated by a handheld remote control at grounded locations, such as a log dump or a mill log lift, shall be actuated by not more than 50 volts to ground.

(10) Where the operator is exposed to a hazard from backing a vehicle into objects, an approved platform guard shall be provided and so arranged as to not impede the exiting of the driver from the vehicle.

(11) All vehicles shall be equipped with audible warning signals and backup alarm and, where practicable, shall have spark arrestors.

(12) Carriers shall be designed and constructed so that the operator’s field of vision is not unnecessarily restricted. Carriers shall be provided with an access ladder or equivalent.

(13) Railroad tracks and other hazardous crossings shall be plainly posted.

(14) Periodic inspection of cable or dogging lines shall be made to determine when repair or removal from service is necessary.

(15) A vehicle shall not be operated with a load exceeding its safe load capacity.

History

• History: 1979 AC; 1989 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15274 Log unloading and storage, general {#sec-r-408.15274 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15274}

Rule 5274. (1) A log unloading area and road beds will be arranged and maintained to allow a safe operation.

(2) Signs prohibited unauthorized foot traffic shall be posted in the log unloading and storage area.

(3) A brow log or equivalent shall be provided at a water log dump to prevent overrun of mobile equipment.

(4) Where skids are used, space adequate to clear an employee's body shall be maintained between the top of the skids and the ground.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15275 Water log dumps {#sec-r-408.15275 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15275}

Rule 5275 (1) Ungrounded electrically powered hoists using handheld remote control in grounded locations, such as log dumps or mill log lifts, shall be actuated by circuits operating at less than 50 volts to ground.

(2) Roadbeds at log dumps shall be of sufficient width and evenness to ensure safe operation of equipment.

(3) An adequate brow log or skid timbers or the equivalent shall be provided where necessary. Railroad-type dumps, when located where logs are dumped directly into water or where entire loads are lifted from a vehicle, may be exempted providing such practice does not create a hazardous exposure of personnel or equipment.

(4) Unloading lines shall be arranged so that it is not necessary for the employees to attach them from the pond or dump side of the load except when entire loads are lifted from the log-transporting vehicle.

(5) Unloading lines, crotch lines, or equally effective means shall be arranged and used in a manner to minimize the possibility of any log from swinging or rolling back.

(6) When logs are unloaded with peavys or similar manual methods, means shall be provided and used that will minimize the danger from rolling or swinging logs.

(7) Guardrails, walkways, and standard handrails shall be installed as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.15209.

(8) An employer shall provide approved life rings with line attached and maintained to retain buoyancy.

History

• History: 1979 AC; 1983 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.15276 Dry deck storage {#sec-r-408.15276 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15276}

Rule 5276. (1) A dry deck storage area shall be maintained in a condition to allow safe operation of mobile equipment.

(2) Logs shall be stored in a safe and orderly manner. Logs shall be piled in the yard and arranged on the deck in a manner to prevent rolling.

(3) Roadways shall be maintained at such width that log and material handling equipment can move without creating a hazard to employees.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15277 Rescinded {#sec-r-408.15277 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15277}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15280 Air requirements {#sec-r-408.15280 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15280}

Rule 5280. (1) Ventilation shall be provided to supply adequate fresh healthful air to rooms, buildings, and work areas.

(2) Employees shall not be exposed to airborne concentration of toxic dusts, fumes, vapors, mists, or gases that exceed the threshold limit values in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 408.15209.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.15282 Blower, collecting, and exhaust systems {#sec-r-408.15282 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15282}

Rule 5282. (1) Blower, collecting, and exhaust systems shall be designed, constructed, and maintained in accordance with NFPA 91 “Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying,” 1961 edition, as adopted in R 408.15209.

(2) All mills containing 1 or more machines that create dust, shavings, chips, or slivers during a period of time equal to or greater than 1/4 of the working day, shall be equipped with a collecting system. The collection system may be either continuous or automatic, and shall be of sufficient strength and capacity to enable it to remove such refuse from points of operation and immediate vicinities of machines and work areas.

(3) Each woodworking machine that creates dust, shavings, chips, or slivers shall be equipped with an exhaust or conveyor system located and adjusted to remove the maximum amount of refuse from the point of operation and immediate vicinity.

(4) Exhaust pipes shall not discharge into an unconfined outside pile if uncontrolled fire or explosion hazards are created. The exhaust pipes may empty into settling or dust chambers designed to prevent the dust or refuse from entering any work area. The chambers shall be constructed and operated to minimize the danger of fire or dust explosion.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.15284 Pond boats and rafts {#sec-r-408.15284 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15284}

Rule 5284. (1) Pond boats and rafts shall comply with the provisions of NFPA 302 “Fire Protection Standard for Pleasure and Commercial Motor Craft,” 1968 edition, as adopted in R 408.15209.

(2) Decks of pond boats shall be covered with nonslip material.

(3) Powered pond boats or rafts shall be provided with at least 1 approved fire extinguisher, and 1 life ring with line attached.

(4) Boat fuel shall be transported and stored in approved safety containers such as Underwriters' Laboratories, Inc..

(5) An employer shall provide inspection, maintenance, and ventilation of the bilge area to prevent accumulation of highly combustible materials.

(6) An employer shall provide adequate ventilation for the cabin area on enclosed cabin-type boats to prevent accumulation of harmful gases or vapors.

History

• History: 2014 AACS.

R 408.15301 to R 408.15363 Part 53. Tree Trimming and Removal

Mich. Admin. Code R 408.15301 Scope {#sec-r-408.15301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15301}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 53. TREE TRIMMING AND REMOVAL

Rule 5301. This part covers safety requirements for tools and equipment, their maintenance and repair, and the work practices used in spraying, trimming, pruning, repair and removal of trees by an employer and their use by an employee in, around and about a place of employment, except those operations considered to be logging or the harvesting of logs.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15303 Definitions; B to I {#sec-r-408.15303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15303}

Rule 5303. (1) "Bucking" means to cut a felled tree into lengths.

(2) "Cabling" means to secure a limb into a position by means of a cable from the limb to another limb.

(3) "Chipper" means a mechanical device that reduces limbs and branches to small chips.

(4) "Direct contact" means to touch a conductor with a part of the body.

(5) "Felling" means to cut a tree from its stump.

(6) "Flammable liquid" means a liquid having a flash point below 100 degrees Fahrenheit.

(7) "Indirect contact" means to touch a conductor with a branch, limb, tool or equipment in contact with a body part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15304 Definitions; L to T {#sec-r-408.15304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15304}

Rule 5304. (1) "Limbing" means to cut limbs from a felled tree.

(2) "Qualified line clearance tree trimmer" means an employee trained to work in the proximity of energized conductors such as, but not limited to, an employee for an electric power or communications company.

(3) "Saddle belt or rope saddle" means a personal protective device used to support an employee when connected to a climbing rope or safety strap.

The saddle belt or rope saddle encloses the waist and legs or hips of the wearer.

(4) "Safety strap" means a restraining line secured at both ends to a safety belt or saddle to hold an employee to a fixed object.

(5) "Scare line" means a rope used to attach tools or equipment to a safety belt or saddle.

(6) "System operator/owner" means the person or organization that operates or controls the electrical conductors involved.

(7) "Tree worker" means an employee who does tree pruning, trimming, repairing or removal and works with the equipment used in such operations.

(8) "Topping" means to cut off the uppermost parts of a tree.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15311 Employer responsibility {#sec-r-408.15311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15311}

Rule 5311. An employer shall:

(a) Provide training to each new employee regarding the requirements of this standard, the job hazards and safeguards before starting his assigned job. A job briefing shall be conducted before any tree job involving unusual hazards is begun.

(b) Not allow a tool or equipment to be used which is not guarded according to state standards, has a defective guard or is otherwise unsafe.

(c) Develop rescue procedures such as, but not limited to, removal of injured, stricken or electrically shocked employees from work positions aloft.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15312 Employee responsibility {#sec-r-408.15312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15312}

Rule 5312. An employee shall:

(a) Report to his leader or supervisor any tool, equipment or safeguard which is defective.

(b) Use personal protective equipment prescribed by the state safety standards.

(c) Not remove a guard except for authorized operational or maintenance purposes. The guard shall be replaced or equivalent guarding provided before the equipment is returned for normal use.

(d) Not operate any equipment unless trained in the operating procedures, hazards and safeguards and authorized to do so.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15313 Personal protective equipment {#sec-r-408.15313 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15313}

Rule 5313. (1) Eye protection shall be provided and used, as prescribed in general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13301 to R 408.13369 of the Michigan Administrative Code, by an employee working on any operation covered by this part.

(2) Head protection shall be provided and used, as prescribed in general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code, by an employee working on any operation covered by this part.

(3) A safety belt, safety strap, tree trimming saddle belt, or rope saddle shall be provided to and used by an employee when working aloft in a tree, as prescribed in general industry safety standard, Part 33.

Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code. A safety strap shall be worn and attached when aloft in the bucket of an aerial device. A saddle or safety belt made unsafe by damage, defect, or alteration shall not be used.

(4) The hardware for such a belt shall be forged steel or metal of equivalent strength. The snap shall be of the self-closing type and the support ring so designed as to prevent accidental disengagement.

(5) A climbing rope shall be not less than 1/2 inch (12.7 mm), 3 or 4 strand first grade manila with a nominal breaking strength of 2650 pounds (1202 kg, approx.) or its equivalent in strength and durability. A climbing rope shall not be used to lower tree parts or handle equipment. A climbing rope shall be inspected for defects before each day's use.

(6) When an employee is exposed to vehicular traffic, an orange colored jacket or vest shall be provided by the employer to an employee, at no expense to the employee, and used by the employee. At nighttime the vest or jacket shall be reflectorized.

(7) Protective clothing and an approved respiratory device shall be provided by the employer to an employee, at no expense to the employee, and used by the employee during tree spraying where necessary to prevent absorption and inhalation of toxic substances which exceed the maximum allowable limits set by the department of public health.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15314 Fire prevention {#sec-r-408.15314 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15314}

Rule 5314. (1) Flammable liquids shall be stored in an approved safety container equipped with an automatic closing cap and flame arrester.

(2) Equipment shall be stopped while being refueled, serviced or maintained.

Restarting of portable equipment such as a chain saw shall be accomplished not less than 10 feet (3.05 M) from the refueling point.

(3) Smoking shall be prohibited while refueling.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15315 Traffic control {#sec-r-408.15315 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15315}

Rule 5315. Where the fall of a limb or tree would create a hazard for an employee, pedestrian or vehicular traffic, a means such as, but not limited to, a barrier or traffic control director shall be used to prevent injury.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15321 Electrical hazards {#sec-r-408.15321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15321}

Rule 5321. (1) An electric conductor or communication line shall be considered energized unless the systems utility or owner indicates otherwise and they have visibly grounded the conductor or line.

(2) The location of underground utilities shall be determined before any digging or ditching operations are started.

(3) A tree worker or qualified line clearance tree trimmer shall not make a direct contact with an energized conductor.

(4) A tree worker shall maintain his body and tools not less than the distance prescribed in table 1 from an energized conductor. If these clearances cannot be maintained, the systems operator or owner shall be contacted to deenergize the conductor or provide protective measures or devices before the work is started.

(5) A qualified line clearance tree trimmer shall maintain his body and tools not less than the distance prescribed in table 2 from an energized conductor, except the trimmer may remove branches hanging on a conductor using approved insulated tools and equipment when the voltage is below 10 kv.

(6) A branch hanging on a conductor energized at more than 10 kv shall be removed after the line is deenergized or removed by an authorized and trained systems operator employee or owner employee using approved protective tools and equipment.

TABLE 1

Minimum Working Distances for Tree Workers Voltage Minimum Distance 0 to 300 volts 1 foot (.305 M) 301 to 750 volts 2 feet (.610 M) 751 to 50 kv 10 feet (3.05 M) 50 kv or more .4 inch per 100 volts TABLE 2 Minimum Working Distances for Qualified Line Clearance Tree Trimmers Voltage Range Minimum Working (phase to phase) Distance O to 750 v 1 ft. ( .305 M) 751 to 35 kv 2 ft. 4 in. ( .711 M) 35.1 kv to 46.0 kv 2 ft. 6 in. ( .762 M) 46.1 kv to 72.5 kv 3 ft. 0 in. ( .914 M) 72.6 kv to 121.0 kv 3 ft. 4 in. (1.016 M) 138.0 kv to 145.0 kv 3 ft. 6 in. (1.067 M) 161.0 kv to 169.0 kv 3 ft. 8 in. (1.118 M) 230.0 kv to 242.0 kv 5 ft. 0 in. (1.524 M) 345.0 kv to 362.0 kv 7 ft. 0 in. (2.134 M) 500.0 kv to 552.0 kv 11 ft. 0 in. (3.453 M) 700.0 kv to 765.0 kv 15 ft. 0 in. (4.572 M)

WORK PRACTICES

History

• History: 1979 AC.

Mich. Admin. Code R 408.15331 Climbing {#sec-r-408.15331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15331}

Rule 5331. (1) An approved safety belt, tree trimming saddle belt or rope saddle shall be used by an employee when aloft.

(2) A climbing rope shall be crotched as soon as possible after the employee is aloft and located in a crotch, when possible, at a height over the work area as to swing the employee away from any conductor or line in case of a fall.

(3) The climbing employee shall remain tied in until the work is completed and he has returned to the ground.

(4) If it becomes necessary to recrotch, the employee aloft shall retie in or use a safety strap before releasing the previous tie.

(5) An employee shall not climb a tree during a storm or high wind or when covered with ice or snow, except when performing emergency service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15332 Pruning and trimming {#sec-r-408.15332 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15332}

Rule 5332. (1) If another employee is present, a verbal warning shall be given by the employee aloft before dropping a limb.

(2) A separate work rope, controlled by an employee on the ground, shall be used to lower limbs which cannot be dropped. The work rope shall not use the same crotch over which the climbing rope is run.

(3) A cut branch or limb shall not be left aloft overnight or for an extended period unless the limb is secured to the tree or the area under the tree is roped off or barricaded.

(4) Whenever an employee is aloft in excess of 15 feet (4.572 M), a second employee or supervisor shall be within vocal hearing distance of the treed employee.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15333 Limbing {#sec-r-408.15333 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15333}

Rule 5333. (1) When possible, an employee cutting a limb shall work from the side opposite and uphill of the cut.

(2) Branches bent under tension shall be considered hazardous and the situation corrected.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15334 Topping {#sec-r-408.15334 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15334}

Rule 5334. (1) When topping, equipment such as a crane shall be used to lower branches and limbs if the tree cannot stand the strain.

(2) When lowering large limb sections, the employee aloft shall position himself, whenever possible, above the limb being lowered.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15335 Cabling {#sec-r-408.15335 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15335}

Rule 5335. When cabling:

(a) The limbs or branches to be connected shall be brought to position by a block and tackle, hand winch or come-along.

(b) Not more than 2 employees shall be aloft working at opposite ends.

(c) An employee on the ground shall not be directly under the work area.

(d) An employee shall be off to 1 side when releasing a block and tackle, hand winch or come-along in case the fasteners let loose.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15336 Felling {#sec-r-408.15336 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15336}

Rule 5336. (1) Before a cut is started, a feller shall check for other employees and dead limbs, angle of tree, wind condition, location of other trees and other hazards, and plan his path of retreat.

(2) Each assisting employee on the ground shall be instructed exactly what he is to do. Other employees shall be cleared to a distance of twice the height of the tree being cut.

(3) An undercut shall be large enough, about 1/3 the diameter, to safely guide the tree and reduce the possibility of the tree splitting. (See figure 1.)

(4) A back cut shall leave sufficient hinge wood (the distance between notch and back cut) to guide the tree's fall in the desired direction and to hold the tree to the stump during most of its fall. A back cut shall be about 2 inches (50.8 mm) above the undercut and as level as possible. (See figure 1.)

(5) Before starting a back cut, a feller shall clear the area of other persons or equipment.

(6) The saw shall be shut off before the feller starts his retreat.

(7) Where a tree is likely to slide or roll, a feller shall cut from the uphill side.

(8) Just before the tree is ready to fall, an audible warning shall be given.

(9) If there is danger of a tree falling the wrong way, such means as wedges, block and tackle or rope shall be used to control the fall.

Figure for 408.15336 A. Conventional undercut. Can be made with parallel saw cut and axe diagonal cut or both cuts with the saw. Generally used on trees of small diameter.

B. Both cuts made with the saw. Leaves square-end log. Same as "A," except that waste is put on the stump.

C. Two parallel cuts with the saw. The material between the cuts is chipped out with an axe-adze (pulaski) combination. Used on trees over 30" in diameter.

D. Three parallel cuts with the saw, leaving a step. Same in principle as above.

Used on trees of very large diameters.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15337 Bucking {#sec-r-408.15337 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15337}

Rule 5337. When bucking:

(a) An employee shall work from the uphill side.

(b) The log or limb shall be blocked to prevent rolling.

(c) Wedges shall be used on trunks and limbs of large trees to prevent binding the saw guide bar or chain.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15338 Brush removal and chipping {#sec-r-408.15338 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15338}

Rule 5338. (1) Cut brush and logs shall not be allowed to create a hazard in the work area.

(2) A chipper shall be fed from the side of the center line of the opening and the employee feeding the chipper shall immediately turn away when brush is taken into the rotor chamber. Where applicable, the chipper shall be fed from the curb side.

(3) An employee shall not place any part of the body on the chipper table nor shall the discharge chute be raised while the rotor is turning.

(4) Foreign material, such as stones, bottles, nails or sweepings, shall not be fed into the chipper.

(5) An employee feeding a chipper shall not wear attire such as clothing with loose sleeves, gauntlet gloves, watches or rings. Rings covered by gloves or tape will be considered to be in compliance.

TOOLS AND EQUIPMENT

History

• History: 1979 AC.

Mich. Admin. Code R 408.15341 Mobile equipment; general {#sec-r-408.15341 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15341}

Rule 5341. (1) The muffler and exhaust pipe of mobile equipment used in tree trimming and removal operations shall be guarded or so located as to prevent contact by an employee during normal use.

(2) Defects or malfunctions of mobile equipment which affect its safe operation shall be corrected before being placed into use. During maintenance, the equipment shall be shut off and at rest, except when necessary to make adjustments with the equipment running.

(3) An employee shall not attempt to locate an unseen hydraulic leak by use of hands or fingers unless the equipment is shut off and depressurized.

(4) Before backing up any mobile equipment including a truck, the operator shall check the rear area. Where the area may be congested with people or the view obscured because of the load or type of equipment, the mobile equipment shall be equipped with an automatic back up alarm or an employee shall assist the operator.

(5) Tools, material and equipment shall be stored or otherwise secured on a vehicle during transit.

(6) An employee shall ride only in a designated seat of mobile equipment which is secured to the equipment, except as prescribed in R 408.15344(1).

(7) Mobile equipment shall not be operated at more than its rated capacity.

(8) Work platforms and steps on mobile equipment shall have a slipresistant surface.

(9) A pad shall be set under an outrigger foot when it is put on a soft surface.

Traction for outrigger feet shall be assured where ice and snow are present.

(10) When outriggers are provided on mobile equipment which is being used to lift or dig, the outriggers shall be extended. An audible warning such as a horn, bell or voice, shall be used when lowering outriggers.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15342 Aerial lifts {#sec-r-408.15342 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15342}

Rule 5342. (1) An aerial lift used for tree trimming, pruning or removal of a tree shall be used and maintained as prescribed in the occupational safety standards commission standard, Part 58. Vehicle Mounted and Rotating Work Platforms, being R 408.15801 to R 408.15832 of the Michigan Administrative Code.

(2) A bucket of an aerial lift shall not be depended on to be electrically insulated.

(3) An aerial lift shall not be used to lift or lower materials unless specifically designed to perform such operations.

(4) An employee shall not ride a bucket when the vehicle is moving.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15343 Brush chippers {#sec-r-408.15343 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15343}

Rule 5343. (1) A brush chipper shall be equipped with a locking device on the ignition system which shall be kept locked with the key removed when the chipper is unattended.

(2) Access panels for maintenance and adjustment shall be closed and secured before the equipment is operated.

(3) The infeed hopper or table of a chipper shall be of such design as to prevent an employee reaching the rotor blades or knives during normal operation.

(4) A trailer type chipper, when detached from a vehicle shall be chocked or otherwise secured.

(5) Flap type guards, designed to prevent kickback of chips, shall be installed at the feed opening of a chipper.

(6) A chipper rotor shall be blocked from turning when performing maintenance on the rotor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15344 Sprayers and related equipment {#sec-r-408.15344 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15344}

Rule 5344. (1) An employee required to operate spray equipment from a moving vehicle shall wear a seat belt or be protected in accordance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code, if operating from a standing position.

(2) An employee wearing clothing wetted by a flammable or combustible liquid shall avoid sparks and open flame. The clothing must be removed as soon as possible.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.15345 Stump cutters {#sec-r-408.15345 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15345}

Rule 5345. A stump cutter shall be equipped with enclosure guards to protect an employee from the rotating cutter and flying chips.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15346 Trucks {#sec-r-408.15346 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15346}

Rule 5346. (1) A truck used to haul brush, limbs and logs shall be equipped with a bulkhead that will contain any load ship stress to protect the occupants of the truck cab from load movement due to emergency stops.

(2) Trucks used to pull chippers or to transport logs and limbs shall comply with R 408.15341(4).

History

• History: 1979 AC.

Mich. Admin. Code R 408.15347 Log loaders, cranes and related hoists {#sec-r-408.15347 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15347}

Rule 5347. (1) The operator of a log loader, crane and related hoists, when in use shall perform a daily visual inspection of ropes, wire ropes, gears, chain drives and other parts subject to wear or strain. When a part is found defective, it shall not be used until replaced or repaired.

(2) The operator shall not leave the controls while a load is suspended.

(3) Riding of a hoisted load shall be prohibited.

(4) The equipment shall have a conspicuously placed sign containing the following or equivalent wording: "Warning--Keep Clear of this Equipment When in Operation."

(5) A crane shall be operated and maintained as prescribed in the occupational safety standards commission standard, Part 19. Locomotive, Crawler and Truck Cranes, being R 408.11901 to R 408.11972 of the Michigan Administrative Code.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15348 Off highway equipment and tracked vehicles {#sec-r-408.15348 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15348}

Rule 5348. (1) An operator of off the highway equipment and tracked vehicles shall be protected by guarding from shifting trees and branches, including roll over protection and seat belts as prescribed in rules 1306 and 1317 of the construction safety standards commission standard, Part 13. Mobile Equipment, being R 408.41306 and R 408.41317 of the Michigan Administrative Code.

(2) The equipment shall be operated in a manner to protect the operator and other employees. The equipment shall be kept in gear when descending grades.

HAND AND PORTABLE TOOLS

History

• History: 1979 AC.

Mich. Admin. Code R 408.15351 Portable electric powered tools {#sec-r-408.15351 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15351}

Rule 5351. (1) A portable electric powered tool shall not be used in a tree near an energized conductor where the tool or cord could possibly come in contact with the conductor.

(2) Unless a tool is powered by a nonelectric power source or is double insulated and so labeled, it shall be grounded.

(3) An extension cord shall have a connected ground wire, be free of defects and have no metal sockets.

(4) A portable electric powered tool operator shall:

(a) Use such a tool as prescribed in the occupational safety standards commission standard, Part 38. Hand and Portable Powered Tools, being R 408.13801 to R 408.13882 of the Michigan Administrative Code.

(b) Prevent the cords from being entangled, damaged or cut by blades and bits.

(c) Not lay an extension cord in water, unless it is not spliced and is waterproof with waterproof connections.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15352 Power saws and pruners {#sec-r-408.15352 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15352}

Rule 5352. (1) A power saw weighing more than 15 pounds (6.803 kg) that is used in a tree shall be supported by a separate work rope, except when working from an aerial lift.

(2) A scare line used to support a saw weighing less than 15 pounds (6.803 kg) shall be of such length to allow the saw to swing clear of the operator.

(3) When starting a power saw, the operator shall have secure footing and the saw shall be firmly supported. The saw shall be started and operated when all other employees are in the clear.

(4) A power saw shall be operated and maintained as prescribed in the occupational safety standards commission standard, Part 38. Hand and Portable Powered Tools.

(5) A power saw shall not be raised to or lowered from a tree with the motor running.

(6) A saw motor shall not be left running when the saw is not in use.

(7) Pneumatic or hydraulic tools powered from a bucket of a vehicle mounted and rotating work platform shall:

(a) Be inspected daily before use.

(b) Be secured on or from the bucket when aloft and not in use.

(c) Be disconnected from the power source for sharpening or adjustment.

(d) Have hoses of nonconductive material.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15353 Back pack units {#sec-r-408.15353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15353}

Rule 5353. (1) Other employees shall maintain a distance of not less than 10 feet (3.05 M) from an operator of the cutting head of a back pack brush saw.

(2) The operator shall observe the location of all employees while the unit is running.

(3) The power unit shall be equipped with a shutoff switch readily accessible to the operator.

(4) The unit shall be stopped for all cleaning, refueling and repairs.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15354 Hand tool safety; general {#sec-r-408.15354 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15354}

Rule 5354. (1) An employee climbing aloft shall not carry a tool in his hand. A pole saw or pruner may be raised and hooked ahead of the climber.

Other tools shall be raised and lowered by a hand line, carried on a tool belt or in a tool bag.

(2) A hand tool shall not be dropped from aloft.

(3) A hand tool shall be used and maintained as prescribed in the occupational safety standards commission standard, Part 38. Hand and Portable Powered Tools.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15355 Pruners and saws {#sec-r-408.15355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15355}

Rule 5355. (1) A pole pruner, pole saw and other similar tool must be equipped with a nonmetallic handle. The actuating cord must be of nonmetallic material.

(2) A pole pruner or pole saw must be hung securely in a vertical position to prevent dislodgement. A pole pruner or pole saw must not be hung on a utility line or left in a tree overnight. A pole saw must be hung so that the sharp edge is away from the employee.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.15356 Herbicide injector tools {#sec-r-408.15356 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15356}

Rule 5356. (1) The bit of a herbicide injector tool shall be covered with a shield and laid flat on the ground when not in use.

(2) The injector shall be carried by the loop handle on the downhill side with the bit shielded and facing the rear.

(3) An employee using a tool shall have firm footing and shall have cleared away all interfering brush.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15357 Grub hoes, mattocks, and picks {#sec-r-408.15357 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15357}

Rule 5357. (1) The blade eye of a grub hoe, mattock, or pick shall be tight fitting and wedged so that it cannot slide down the handle.

(2) When swinging a tool, the employee shall have a secure grip and firm footing.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15358 Cant hooks, cant dogs, tongs, and carrying bars {#sec-r-408.15358 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15358}

Rule 5358. (1) The hooks of a cant hook, cant dog, tongs, or carrying bar shall be firmly set before applying pressure.

(2) The point of a hook shall be not less than 2 inches (50.8 mm) long and maintained sharp.

(3) Other employees shall be warned and in the clear before a log is moved.

(4) When rolling a log, the employee shall stand to the rear and uphill.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15359 Tackle blocks and pulleys {#sec-r-408.15359 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15359}

Rule 5359. A tackle block and pulley shall be inspected before each use and, if found defective, shall not be used.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15360 Chopping tools {#sec-r-408.15360 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15360}

Rule 5360. A chopping tool shall:

(a) Not be used while aloft.

(b) Not be used as a wedge or to drive a wedge.

(c) Be swung away from the feet, legs and body.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15361 Ropes {#sec-r-408.15361 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15361}

Rule 5361. (1) A rope shall be inspected before each day's use for the following conditions:

(a) Externally for abrasions, cut or broken fibers, decay, burns, lack of strength, softness, variation in size or roundness of the strands.

(b) Internally, by separating the strands at 3 foot (.914 M) intervals, for broken fibers, presence of grit, mildew or mold, color change of the fibers, or powdering, and short loose fibers.

(c) Wear or damage of a work rope where the tautline hitch is used. That section showing wear or damage shall be cut off.

(2) A rope showing any of the defects listed in subrule (1), which would constitute a hazard, shall be replaced.

(3) A rope shall be stored in a dry location in coils or on a reel.

(4) A wet rope shall be dried by placing it in the sunshine or a warm room by hanging loosely over a rounded peg or hook.

(5) A rope shall not be:

(a) Kinked or run over sharp corners.

(b) Used when frozen or left in freezing temperatures when wet.

(6) A climbing rope shall not be spliced.

(7) A climbing rope shall not be left aloft overnight.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15362 Ladders {#sec-r-408.15362 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15362}

Rule 5362. (1) A ladder made of metal or other conductive material must not be used next to electrical conductors or wires within a distance equal to twice the extended length of the ladder. Such ladders must be marked:

Restricted Use Do Not Use Near Electrical Conductors (2) A ladder must be used and maintained in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241.

History

• History: 1979 AC; 2019 AACS.

Mich. Admin. Code R 408.15363 Climbing spurs {#sec-r-408.15363 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15363}

Rule 5363. (1) Where climbing spurs are used, they shall be the tree climbing type with gaffs of the type and length suitable for the tree being climbed.

(2) Climbing spurs shall be inspected prior to each day's use for sharpness, length of gaff and proper type for the job. The climbing spurs shall be maintained sharp.

History

• History: 1979 AC.

R 408.15401 to R 408.15461 Part 54. Powered Groundskeeping Equipment

Mich. Admin. Code R 408.15401 Scope {#sec-r-408.15401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15401}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

GENERAL INDUSTRY SAFETY STANDARDS COMMISSION

(By authority conferred on the general industry safety standards commission by sections 16 and 21 of Act No. 154 of the Public Acts of 1974, as amended, being SS408.1016 and 408.1021 of the Michigan Compiled Laws)

PART 54. POWERED GROUNDSKEEPING EQUIPMENT

GENERAL PROVISIONS

Rule 5401. This part provides rules for the construction, the maintenance and the safe operation of powered groundskeeping and related equipment and attachments by the employer and their safe use by the employee in, around or about a place of employment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15403 Definitions; A to E {#sec-r-408.15403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15403}

Rule 5403. (1) "Attachment" means detachable equipment, such as, but not limited to, a mower, snow thrower, tiller or sweeper designed for use with a propulsion vehicle.

(2) "Blade enclosure" means the guard around the periphery of the rotary mower blade.

(3) "Braking distance" means the distance traveled between the point of first application of the brake to the point at which the vehicle comes to rest.

(4) "Discharge guide" means the device which directs the snow from the impeller to the deposit area, and which is rotatable to deliver the snow in the desired direction.

(5) "Edger-trimmer" means a walk behind powered machine with a rotary blade designed to edge grass in a vertical position and trim grass when adjusted to a horizontal position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15404 Definitions; F to P {#sec-r-408.15404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15404}

Rule 5404. (1) "Foot protection" means footwear such as, but not limited to, safety shoes or strap-on foot guards.

(2) "Grass catcher" means a part or a combination of parts which provides a means for collecting grass clippings and other debris.

(3) "Groundskeeping equipment" means that equipment such as, but not limited to, lawn mowers, lawn and garden tractors, leaf blowers, snow throwers, shredders, compost mills and tillers used to maintain lawns, gardens, walks and drives.

(4) "Impeller" means a final power driven device which imparts energy to discharge the snow.

(5) "Power reel mower" means a grass cutting machine which uses a power source to rotate 1 or more helically formed blades about a horizontal axis to provide a shearing action with a stationary cutter bar.

(6) "Power rotary mower" means a grass cutting machine which uses a power source to rotate 1 or more blades about a vertical axis.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15405 Definitions; R, S {#sec-r-408.15405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15405}

Rule 5405. (1) "Riding garden tractor" means a self-propelled riding vehicle designed for general purpose lawn and garden work by use of attachments and which produces less than 1,500 pounds but more than 500 pounds of draw bar pull.

(2) "Riding lawn tractor" means a self-propelled riding vehicle designed for general purpose lawn work by use of separate attachments.

(3) "Riding mower" means a self-propelled riding vehicle designed specifically for cutting grass.

(4) "Rotary tiller" means a powered machine with steel tines attached to a horizontal shaft which revolves to till soil.

(5) "Shredder bagger" means a machine with a rotating device which breaks up debris such as leaves, twigs and small branches and packs it into a catcher or bag.

(6) "Single stage snow thrower" means a snow thrower which incorporates the impeller into the collector either at the end of the collector or in the middle.

(7) "Snow thrower" means a machine designed to move snow from 1 area to another.

(8) "Snow thrower collector" means an auger or similar device used to collect snow.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15406 Definitions; T to W {#sec-r-408.15406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15406}

Rule 5406. (1) "Tip speed" means the distance a rotary blade tip covers in 1 minute, or circumference in feet times revolution during a 1 minute interval.

(2) "Two stage snow thrower" means a snow thrower with the impeller as a separate unit from the collector.

(3) "Walk-behind mower" means a grass cutting machine either pushed or selfpropelled, controlled by an operator walking behind the unit.

(4) "Walk-behind snow thrower" means a snow thrower either pushed or selfpropelled, controlled by an operator walking behind the unit.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15411 Employer responsibility {#sec-r-408.15411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15411}

Rule 5411. An employer shall:

(a) Provide training to an operator of powered groundskeeping and related equipment regarding the operating procedures, hazards, and safeguards to the assigned job.

(b) Provide personal protective equipment necessary to protect the employee from the recognized hazards of the equipment as prescribed in Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code, and require its use.

(c) Not allow powered groundskeeping and related equipment to be operated which is not guarded as prescribed by this part, or which has a known defect that could affect the safety of the operator.

(d) Not allow powered groundskeeping equipment and attachments to be used for operations other than those for which the equipment was designed.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15412 Employee responsibilities {#sec-r-408.15412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15412}

Rule 5412. An employee shall:

(a) Use personal protective equipment required by this part.

(b) Report to his supervisor any equipment or safeguard which is found defective.

(c) Not operate, lubricate or provide maintenance of any equipment until he is trained in the operation, lubrication, maintenance procedures, hazards and safeguards and has been authorized to do so.

(d) Not remove a guard except for authorized maintenance purposes. The guard shall be replaced before the machine is returned to operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15413 Personal protective equipment {#sec-r-408.15413 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15413}

Rule 5413. (1) An operator of powered groundskeeping equipment subjected to a noise level in excess of that established by the department of public health, shall be provided with hearing protection prescribed by rule 6260 of the occupational health standards of the department of public health.

(2) When operating powered groundskeeping equipment an operator shall be provided with and use eye protection in accordance with, and as prescribed in, Part 33.

Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(3) An operator of a walk-behind power rotary mower shall not wear open-toed or canvas-type shoes.

(4) An operator of a power rotary mower shall be provided with and use foot protection as prescribed in Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15414 Lubrication and maintenance {#sec-r-408.15414 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15414}

Rule 5414. Equipment covered by this part shall be shut off or disconnected during lubrication and maintenance, except when it is necessary to make adjustments with the power on.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15415 Labeling {#sec-r-408.15415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15415}

Rule 5415. (1) All positions of an operating control shall be legibly indentified by durable labels.

(2) Self-propelled groundskeeping equipment shall have a durable label at the engine starting control point with the wording, or similar wording, "Caution. Be sure the operating control is in neutral before starting engine."

(3) A walk-behind or riding rotary mower shall have labeled warning instructions at or near the discharge opening stating, "Caution. Mower shall not be used unless the opening guard or grass catcher is in place."

(4) A riding mower shall have a durable label installed in a place where the operator can readily see it stating, "Caution:

(a) Keep all guards and shields in place.

(b) Before leaving the operator's position, shift the transmission to neutral, set parking brake and disengage attachment clutch.

(c) Wait for all movement to stop before servicing machine."

(5) A snow thrower shall have a labeled warning instruction on the discharge guide stating, "Warning - Keep hands out of discharge guide while engine is running."

(6) A labeled warning instruction "Caution - Keep hands and feet clear of collector while engine is running" shall be placed on the collector housing of a snow thrower.

(7) All warning labels shall be maintained in a legible and readable condition.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15416 Operating rules generally {#sec-r-408.15416 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15416}

Rule 5416. (1) A gas tank shall not be filled:

(a) Indoors, except in an area conforming to the requirements of the state fire marshal rules entitled "Flammable Liquids," being R 28.601 to R 28.739 of the Michigan Administrative Code.

(b) While the engine is running.

(c) While a source of ignition is present in the immediate area.

(2) A portable container used for refueling shall be an approved safety can with an automatic closing cap and flame arrester.

(3) Spills of gasoline which could create a hazard shall be cleaned up immediately.

(4) The drive mechanism of self-propelled groundskeeping equipment shall be disengaged before starting the motor or engine.

(5) An engine or motor governor adjustment shall not be made or changed to create an overspeed condition.

(6) An engine or motor shall be stopped and an inspection made after striking a foreign object with a machine or if a vibration develops.

(7) An engine or motor shall be stopped when clearing a clog or a jam or when removing an attachment.

(8) An area to be mowed shall be checked and cleared of any object which might be picked up and thrown by a blade.

(9) The discharge of material shall not be directed at another person.

(10) Groundskeeping equipment shall not be left running, unattended, if the operator is beyond vision or more than 25 feet away from the equipment.

(11) Groundskeeping equipment, without approved double insulation and powered by 110 volts or more, shall be connected to a grounded service outlet. Unless equipment is an approved double insulated device, its cord and any extension cords shall be of 3-wire grounded type and of a contrasting color to the foliage such as, but not limited to, orange or yellow.

(12) All rotating shafts, fly wheels, chains, belts, pulleys, and sprockets, shall be located or guarded to prevent accidental contact in accordance with and as prescribed in, Part 7. Guards for Power Transmission, being R 408.10701 to R 408.10765 of the Michigan Administrative Code.

SPECIFIC PROVISIONS

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15421 Rescinded {#sec-r-408.15421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15421}

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15422 Construction; powered mowers, lawn and garden tractors {#sec-r-408.15422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15422}

Rule 5422. A new powered lawn mower, lawn tractor, or a garden tractor and its attachments, purchased after the effective date of this part, shall meet the requirements of ANSI B71.1-1972 standard, "Safety Specifications for Power Lawn Tractors," which is incorporated herein by reference, and shall bear a permanently attached tag or label so indicating. This standard is available for inspection at the Lansing office of the department of labor and may be purchased from the American National Standards Institute, 1430 Broadway, New York, New York 10018, or from the Michigan Department of Labor, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909, at a cost of $4.50 each.

R 408.15423--R 408.15425 Rescinded.

History

• History: 1979 AC; 1983 AACS.
• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15426 Construction; snow throwers; general {#sec-r-408.15426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15426}

Rule 5426. (1) The speed of the collector shall not be more than the manufacturer's rated speed.

(2) The impeller of a 2-stage snow thrower shall not be more than the manufacturer's rated speed.

(3) A snow thrower collector housing shall extend to the front of the auger travel path on both sides.

(4) The collector shall incorporate a shear bolt or slip clutch protection against a blockage of the collector.

(5) The discharge guide rotating mechanism shall not be capable of delivering snow into the operator's area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15427 Construction; walk-behind snow throwers {#sec-r-408.15427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15427}

Rule 5427. (1) A handle for a walk-behind snow thrower shall be secured to the snow thrower to prevent unintentional uncoupling.

(2) A positive upper limit stop or latch shall be provided for the handle of a walk-behind snow thrower at the upper normal position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15428 Construction; riding snow throwers {#sec-r-408.15428 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15428}

Rule 5428. (1) A riding snow thrower shall be provided with stops to prevent locking of the steering mechanism.

(2) The snow thrower controls shall be accessible to the operator from the operator's control position.

(3) A snow thrower shall have adjustable skid shoes or gauge wheels to control operating height.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15429 Controls; self-propelled snow throwers {#sec-r-408.15429 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15429}

Rule 5429. (1) The traction drive directional control level, when provided on a self-propelled snow thrower, shall be moved forward to cause the machine to move forward and rearward to move in reverse.

(2) The throttle control of a self-propelled snow thrower, if separate from the directional control, shall be moved forward or upward to increase speed and rearward or downward to decrease speed.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15431 Rescinded {#sec-r-408.15431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15431}

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15442 Operating rules; walk-behind mowers {#sec-r-408.15442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15442}

Rule 5442. (1) A walk-behind mower shall be moved across the face of a slope of more than 17 degrees, never up and down, except by use of a rope to raise and lower the mower while standing at the top of the slope.

(2) An electric powered walk-behind mower shall be shut off and disconnected from the electrical source when cleaning, repairing or adjusting.

(3) The operator shall maintain direct control of a self-propelled, walk-behind mower. The operator shall adjust the ground speed to his gait for proper control.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15443 Operating rules; riding vehicles {#sec-r-408.15443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15443}

Rule 5443. (1) A riding vehicle shall not carry a passenger other than the operator.

(2) The source of power to an attachment of a riding vehicle shall be disengaged when the attachment is not in use or is being transported.

(3) When a riding vehicle is left unattended, the steps listed in R 408.15415(4)(b) shall be followed.

(4) Riding groundskeeping equipment shall not be operated up or down a slope of more than 26 degrees or move across the face of a slope of more than 17 degrees.

(5) A deviation from the requirement of subrule (4) may be obtained from the department of labor by presenting special design or modification criteria which shows an ability to perform safely on a specific slope of a greater degree without slipping or tipping.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15444 Operating rules; snow throwers {#sec-r-408.15444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15444}

Rule 5444. (1) When necessary to operate a snow thrower over graveled areas, the snow thrower shall be placed in its highest operating position.

(2) An area to be cleared of snow shall be checked and cleared of any visible object that might stop the collector or be picked up and then thrown by the impeller.

(3) The collector clutch shall be disengaged when adjusting the deflector guide upward and downward.

(4) An employee shall not attempt to clear the discharge guide with the engine running.

(5) An operator shall maintain direct control of a self-propelled, walk-behind snow thrower. The operator shall adjust ground speed to his gait for control.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15451 Shredder baggers and compost mills {#sec-r-408.15451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15451}

Rule 5451. (1) The power of a shredder bagger or compost mill shall be shut off and all motion stopped before moving it.

(2) A clog or jam in a shredder bagger or compost mill shall not be cleared until the power has been shut off and all motion stopped.

(3) The hopper feed opening of a shredder bagger or compost mill shall be of such distance from the cutting knives or impeller so that an operator cannot make contact or a guarding means shall be employed. A baffle gate shall be installed at the feed opening of a hopper to reduce hazard of kickbacks.

(4) The discharge opening shall be covered by a guard, container or catcher whenever the shredder bagger or compost mill is under power.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15452 Edger-trimmer {#sec-r-408.15452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15452}

Rule 5452. (1) The cutting blade of an edger-trimmer shall be covered with a guard to prevent foreign objects from being discharged into the operator's area or at an angle above 15 degrees from the ground.

(2) The power shall be shut off when converting from edging to trimming operation or from trimming to edging.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.15461 Rotary tillers {#sec-r-408.15461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15461}

Rule 5461. (1) Rocks or other entanglements shall not be removed from the tines until the power has been shut off and all motion stopped.

(2) The tine area shall be operated or shielded in such a manner as to prevent debris or other missiles from being thrown.

(3) An operator shall maintain direct control of the rotary tiller. The operator shall adjust the ground speed to his gait for control.

History

• History: 1979 AC; 1983 AACS.

R 408.15501 to R 408.15501 Part 55. Explosives and Blasting Agents

Mich. Admin. Code R 408.15501 Adoption of standard by reference {#sec-r-408.15501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 55. EXPLOSIVES AND BLASTING AGENTS

Rule 5501. (1) The provisions of federal occupational safety and health administration regulation C.F.R. 1910.109 “Explosives and blasting agents” effective June 18, 1998, is adopted by reference in these rules.

(2) The standard adopted in this rule is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standard adopted in this rule is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(4) The standard adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost of the standard plus $20.00 for shipping and handling.

History

• History: 1982 AACS; 1998-2000 AACS; 2015 AACS.

R 408.15601 to R 408.15601 Part 56. Storage and Handling of Liquefied Petroleum Gases

Mich. Admin. Code R 408.15601 Adoption of standard by reference {#sec-r-408.15601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 56. STORAGE AND HANDLING OF LIQUEFIED PETROLEUM

GASES

Rule 5601. (1) The provisions of federal occupational safety and health administration regulation C.F.R. 1910.110 “Storage and handling of liquefied petroleum gases” effective December 14, 2007, is adopted by reference in these rules.

(2) The standard adopted in this rule is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standard adopted in this rule is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(4) The standard adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost of the standard plus $20.00 for shipping and handling.

History

• History: 1982 AACS; 1998-2000 AACS; 2015 AACS.

R 408.15701 to R 408.15771 Part 57. Oil and Gas Drilling and Servicing Operations

Mich. Admin. Code R 408.15701 Scope {#sec-r-408.15701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 57. OIL AND GAS DRILLING AND SERVICING OPERATIONS

Rule 5701. This part pertains to the construction, operation, and maintenance of land-based equipment and related practices for the safety of employees as such equipment and practices pertain to the drilling and servicing of all of the following:

(a) Oil and gas.

(b) Brine.

(c) Minerals.

(d) Liquid disposal.

(e) Gas storage.

(f) Liquefied natural gas storage wells.

(g) Auxiliary operations.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15703 Definitions; A to C {#sec-r-408.15703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15703}

Rule 5703. (1) "Acidizing" means the act of pumping an acidic solution into a wellbore to remove any materials from the perforations, pipe, and walls of the producing formation and includes the act of pumping the substance into formations to improve permeability.

(2) "Air, gas, or mist drilling" means a method of rotary drilling using compressed air or gas as its primary circulating medium.

(3) "Anchor" means a device that is used to secure, fasten, or stabilize.

(4) "Bleed-off line" or "blooey line" means a pipe used to discharge materials or release pressure away from a well or pressurized equipment.

(5) "Blocks, crown, and traveling" means the fixed upper and movable lower blocks, respectively, of the block and tackle assembly on a rig that raises and lowers the drill string or tubing.

(6) "Blowout" means an uncontrolled flow of gas, oil, or other well fluids.

(7) "Blowout preventer" means a device attached to the wellhead that allows the well to be sealed to confine the well fluids in the wellbore.

(8) "Casing" means the pipe installed in the wellbore.

(9) "Cathead" means a rotating device mounted on the end of a shaft of the draw works.

(10) "Catwalk" means an elongated platform to the side of a rig where pipe is laid out and lifted into the derrick. A catwalk is connected to the rig floor by a pipe ramp.

(11) "Cellar" means an excavation around the wellhead to provide space for items of equipment at the top of the wellbore.

(12) "Cementing" means the act of pumping a slurry into a wellbore to perform functions such as supporting and sealing casing, isolating formations behind casing, protecting freshwater formations, and sealing perforations in casing.

(13) "Choke line" means an extension of pipe from the blowout preventer which is used to direct well fluid from the annulus to the choke manifold.

(14) "Christmas tree" means the valves and fittings assembled at the top of a completed well to control the flow of hydrocarbons and other fluids.

(15) "Crown block" means an assembly of sheaves or pulleys mounted on beams at the top of the derrick or mast over which a hoisting line is reeved.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15704 Definitions; D to F {#sec-r-408.15704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15704}

Rule 5704. (1) "Derrick," sometimes called a mast, means a large loadbearing structure that supports the crown block.

(2) "Derrick board" means the platform on which derrickmen work.

(3) "Draw works" means the hoisting mechanism on a drilling, well servicing, or workover rig. It is essentially a large winch that spools off or takes in the hoisting line.

(4) "Drill pipe" means a length of steel tube to which special threaded connections called tool joints are attached. Several lengths joined together are called a drill string.

(5) "Drill stem" means the entire drilling assembly from the swivel to the bit composed of the kelly, drill string, subs, drill collars, and other downhole tools such as stabilizers and reamers.

(6) "Drilling line," sometimes called a hoisting line, means the wire line used in the main rig hoisting system, one end of which is attached to the hoisting drum. This line does not include a tugger line.

(7) "Drilling rig" means the equipment and machinery assembled primarily for the purpose of drilling or boring a hole in the ground.

(8) "Drill stem test" means a method of gathering data on the potential productivity of a formation by permitting the flow of formation fluids through the drill pipe.

(9) "Elevator" means a mechanical device attached to the traveling block that latches around and supports the pipe during hoisting.

(10) "External guylines" means lines that run from some point in the derrick, mast, or pole to ground anchors or to a special substructure or derrick base which provides a substitute for ground anchors to provide stability.

(11) "Flow line" means the surface pipe which carries drilling fluid from surface tanks or other storage.

(12) "Freezing operation" means the creation of a plug by freezing a liquid slug in a pipe or fitting.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15705 Definitions; H to O {#sec-r-408.15705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15705}

Rule 5705. (1) "Hot oil operations" means the treatment of a producing well with heated oil to melt accumulated paraffin in the tubing and annulus.

(2) "Hydraulic fracturing" means the act of pumping fluids into a wellbore and into a specific formation to induce fractures.

(3) "Kelly" means a 3 or more sided shaped steel pipe connecting the swivel to the drill pipe. The kelly moves through the kelly bushing and the rotary table and transmits torque to the drill string.

(4) "Lubricator" sometimes called a bottle, means a special length of casing or tubing placed temporarily above a valve on the top of the casing or tubing head used to run tools or substances into a producing well without having to kill it.

(5) "Making a connection" means the act of screwing a joint of pipe or rods onto the string suspended in the wellbore.

(6) "Mud box" means a device used to wrap around pipe connections to deflect fluid released when a joint or stand of pipe containing liquid is unscrewed.

(7) "Nip point" means the point where the wire line becomes tangent to a sheave.

(8) "Oil saver" means a pressure-sealing gland arrangement which is used to prevent the leakage and waste of gas, oil, or water around a wire line when servicing a well. It may be operated by mechanical or hydraulic means.

(9) "Open hole" means the uncased part of the wellbore.

(10) "Outriggers" means structural extensions of the mast or pole base protruding at approximately 90 degrees from the longitudinal axis of the rig to provide overturn stability.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15706 Definitions; P to R {#sec-r-408.15706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15706}

Rule 5706. (1) "Perforating" means the act of making holes in pipe, cement, or formation at desired depths.

(2) "Pipe racking board guylines," sometimes called tubing board guylines, means lines that run from racking board to ground anchors or special substructure or base which provides a substitute for ground anchors.

(3) "Pipe ram" means a large valve which is usually installed above the ram preventers and which forms a seal in the annular space between the pipe and wellbore.

(4) "Pipe tapping," sometimes called hot tapping, means the act of drilling a hole in the side of pipe that is under pressure.

(5) "Pole mast" means a structure which consists of 1 or more tubular sections, either telescoping or nontelescoping, and which is a load-bearing member. The structure, when erected to working position, usually requires guylines. It may be attached to a carrier, skid base, or substructure. It is used in place of a derrick.

(6) "Power tongs" means pneumatically or hydraulically operated tools that serve to spin the pipe up tight or, in some instances, serve to apply the final makeup torque.

(7) "Pumping unit" means surface equipment assembled for the purpose of mechanically lifting fluids from a well.

(8) "Qualified employee" means a person who, by possession of a recognized degree, certificate, or professional standing, or who by knowledge, training, or experience, has successfully demonstrated the ability to perform work relating to the subject matter.

(9) "Rigging up" means the on-site erection and connection of the rig components in preparation for drilling or well servicing operations.

(10) "Rod," sometimes called a sucker rod, means a special steel rod, a number of which are screwed together to make up the mechanical link from the surface pumping unit to the pump in the well.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15707 Definitions; S {#sec-r-408.15707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15707}

Rule 5707. (1) "Safety valve" means a valve available for quick installation in the pipe string to prevent flow.

(2) "Shale shaker" means a vibrating sieve used to remove cuttings from the circulating fluid.

(3) "Snubbing" means pulling or running pipe under pressure through a resilient sealing element where special equipment is used to apply external force to push the pipe into the well or to control the pipe movement out of the well.

(4) "Special services" means those operations requiring specialized equipment and personnel to perform work processes to support well drilling and servicing operations.

(5) "Stabbing a valve" means aligning and screwing a valve onto the end of a pipe.

(6) "Stabbing board" means a temporary elevated platform erected in a derrick or mast.

(7) "Stripping" means pulling or running pipe under pressure through a resilient sealing element and may also include the removing of rods and tubing from the well at the same time.

(8) "Substructure" means a structure that surrounds the wellbore at the surface and provides the working area for certain employees. It may contain the rotary table.

(9) "Swabbing" means the planned lifting of well fluids to the surface using a piston-like device installed on a wire line. Swabbing may inadvertently occur due to piston action as pipe or assemblies are pulled from the well.

(10) "Swivel" means a device at the top of the drill stem that permits the circulation of fluids and the rotation of the drill string.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15708 Definitions; T to W {#sec-r-408.15708 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15708}

Rule 5708. (1) "Tour" means the work period of a rig crew and is usually pronounced as if spelled "t-o-w-e-r."

(2) "Tubing" means a small diameter pipe that is run into a well to serve as a conduit for the passage of oil or gas to the surface.

(3) "Valve drilling operation" means the drilling of a hole through the blocking element of a valve that is stuck in the closed position with pressure on the well side of the valve.

(4) "Weight indicator" means an instrument that shows the weight suspended from the hooks.

(5) "Well servicing" means the remedial or maintenance work performed on an oil or gas well to improve or maintain the production from a formation already producing.

(6) "Well servicing rig" means a portable rig consisting of a hoist, engine, and a self-erecting mast.

(7) "Wellbore" means the hole made by drilling or boring.

(8) "Wire line wiper" means a device used to wipe off oil, mud, or liquid from a wire line as it is pulled out of the well.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15711 Employer and employee responsibilities {#sec-r-408.15711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15711}

Rule 5711. (1) The employer shall do all of the following:

(a) Provide training to an employee regarding the operating procedures, hazards, and safeguards of the assigned task, including the safe handling and use of hazardous substances and the personal protective equipment required.

(b) Assure that the employee uses the personal protective equipment as prescribed in this part.

(c) Not permit equipment to be operated that is not guarded according to state standards, has a defective guard, or is otherwise unsafe. A rotary table, cathead, kelly, and kelly bushing need not be guarded.

(d) Assure that vehicles not involved in the immediate rig operation are parked a minimum distance of 100 feet from the wellbore. Equivalent safety measures shall be taken where terrain, location, or other conditions do not permit this spacing.

(e) Assure that the well drilling contractor posts at all drilling sites, the telephone numbers, locations, and other relevant information pertaining to emergency personnel and facilities.

(f) Assure that the well servicing contractor posts, at all well servicing sites, the telephone numbers, locations, and other relevant information pertaining to emergency personnel and facilities.

(g) Not permit an employee to ride on a load being hoisted or a hoisting line.

(2) An employee shall do all of the following:

(a) Not use equipment until trained in its operating procedures, hazards, and safeguards and until authorized to do so.

(b) Report to the supervisor any equipment or safeguard that is defective.

(c) Use personal protective equipment prescribed by this part.

(d) Replace any guard or safeguard removed for inspection, maintenance, or setup before operating the equipment.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15712 Personal protective equipment and methods {#sec-r-408.15712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15712}

Rule 5712. (1) The requirements for the providing and use of personal protective equipment are found in general industry safety standard, Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(2) An employee shall not wear loose or poorly fitted clothing.

(3) An employee shall not work in clothing that is saturated with any flammable, hazardous, or irritating substance. This clothing shall be immediately removed and replaced with suitable clothing after the affected skin area has been thoroughly washed and treated, if necessary.

(4) While on the worksite, an employee shall not wear jewelry or other adornments which are prone to snagging or hanging and causing injury.

(5) An employee whose length of hair poses a hazard on the worksite shall keep his or her hair contained in a suitable manner while working. Hair and beard styles shall not interfere with the wearing of respiratory protective equipment.

(6) If chemicals harmful to the eyes are being used, appropriate personal protective equipment and eye wash stations shall be provided to the employee, at no expense to the employee, and shall be used.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15713 Safety belt, lifeline, and lanyard use {#sec-r-408.15713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15713}

Rule 5713. (1) An employee, when engaged in work 10 feet or more above the rig floor or other working surfaces, shall wear a safety belt or harness with an attached lanyard, except during rig up and rig down.

(2) A safety belt, safety harness and any lifeline and lanyard shall be used only for safeguarding the employee.

(3) A safety belt, safety harness, lifeline, or lanyard subjected to in-service shock loading, rather than static loading, shall be removed from service and shall not be used again for employee protection.

(4) When working in the mast or derrick, an employee shall be provided with safety belt or safety harness and a lanyard or lifeline which is adjusted to allow the minimum of drop in case of a fall.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15714 Fire prevention {#sec-r-408.15714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15714}

Rule 5714. (1) Smoking, open fires, or other potential sources of ignition shall be permitted only in designated areas located at a safe distance from the wellhead or flammable liquid storage areas. Operations or areas which constitute a fire hazard shall be conspicuously posted with a sign, "NO SMOKING OR OPEN FLAME."

(2) Hazardous substances shall be stored in approved containers and properly labeled.

(3) Equipment, cellars, rig floors, and ground areas adjacent to the well shall be kept free from oil or gas accumulations which might create or aggravate fire hazards.

(4) Oxygen, natural gas, or liquefied petroleum gas shall not be used to operate spray guns or pneumatic tools.

(5) Combustible materials, such as oily rags and waste, shall be stored in covered metal containers. The contents shall be disposed of daily.

(6) Gasoline-fueled engines shall be shut down before refueling operations, unless the engine is needed for the control of the operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15715 Fire protection {#sec-r-408.15715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15715}

Rule 5715. (1) Fire extinguishers shall be located, tagged, inspected, and maintained as prescribed in Part 8. Portable Fire Extinguishers, being R 408.10801 et seq. of the Michigan Administrative Code. At a minimum, the following numbers of extinguishers shall be provided at the locations specified:

(a) Four 20 lb., B-C rated extinguishers at the drilling rig.

(b) Two 20 lb., B-C rated extinguishers at the well servicing rig.

(c) One 20 lb., B-C rated extinguisher at each welding operation.

(2) More or larger extinguishers shall be provided where the type of operation produces more hazardous conditions.

(3) Fire fighting equipment shall not be tampered with and shall not be removed for other than fire protection and fire fighting purposes.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15716 Housekeeping {#sec-r-408.15716 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15716}

Rule 5716. (1) Work areas shall be kept reasonably clean and free of debris in order to minimize slip and trip hazards. Hazardous leaks or spills shall be promptly cleaned up to minimize slipping and fire hazards.

(2) Material used for cleaning shall have a flash point of not less than 100 degrees Fahrenheit.

(3) Means shall be provided to convey any hazardous substances away from the rig floor while pulling wet strings of pipe.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15717 Wells containing hydrogen sulfide {#sec-r-408.15717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15717}

Rule 5717. (1) Drilling and servicing of wells shall be as prescribed in the American Petroleum institute document, RP49, reissued 1975, Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide. This document is incorporated herein by reference. The API document may be inspected at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143. This information may be purchased at a cost of $125.00 from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com.

(2) Where hydrogen sulfide or any other unusually hazardous gas is known or suspected to exist, the employer shall advise the employees of the possible exposure involved and shall provide training and personal protective equipment as required in Rule 5711 of this part.

(3) Where it is not necessary to maintain a cellar on wells producing hydrogen sulfide, the cellar shall be filled to eliminate the hazard of accumulation of hydrogen sulfide gas.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.15718 Rig access; ladders, stairways, ramps, platforms, and elevators {#sec-r-408.15718 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15718}

Rule 5718. (1) A rig must be equipped with stairs, ladders, or ramps. An employee shall not jump from one level to another.

(2) A fixed ladder, stair, ramp, or platform must be constructed and maintained in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” being R 408.10201 to R 408.10241 of the Michigan Administrative Code.

Where structural crosspiece of a rig does not allow the required horizontal clearance prescribed in General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” the clearance may be reduced to not less than 4 inches.

(3) A derrick and mast must be equipped with a fixed ladder providing access from the rig floor to the crown block platform and to each intermediate platform on the structure.

(4) A minimum of 2 escape routes must be available to provide alternate exits from the rig floor to ground level when the rig floor height is 6 feet or more.

(5) When a working platform is in the folded or storage position, the platform must be secured with not less than 2 fasteners of a type that will not vibrate loose or come loose accidentally. Clevis hooks, safety hooks, or other equivalent devices must be used for this purpose.

(6) When an employee cannot perform necessary duties on a well servicing rig from ground level, a working platform must be used around the wellhead. The platform must be of sufficient size and so constructed to allow 2 men to work from it.

(7) Each finger of a finger board must be bolted, welded, hinged and pinned, or attached by other equivalent means to its support beam.

(8) When climbing a rig ladder, tools or other materials must be properly secured to the employee so that the hands of the employee are free for climbing.

(9) An employee engaged in a well servicing or drilling operation may ride an elevator, sometimes called a traveling block, if both of the following provisions are satisfied:

(a) The employee riding the elevator is provided with and uses a safety belt or safety harness with a lanyard, as prescribed in R 408.15713(4), that is attached and adjusted to prevent a fall of not more than 6 feet.

(b) The elevator is not under load.

History

• History: 1979 AC; 1983 AACS; 1989 AACS; 2019 AACS.

Mich. Admin. Code R 408.15719 Auxiliary escape {#sec-r-408.15719 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15719}

Rule 5719. (1) A means of escape shall be rigged and secured to provide a safe and readily accessible escape route from the derrick board before operations commence which require a crew member to be on the derrick board, excluding stabbing boards or other temporary platforms.

(2) The emergency escape route shall be kept clear of obstructions. The escape equipment shall be arranged to carry the crew member away from the wellbore or drilling floor and to permit a safe landing.

(3) If an escape line is used as the means of escape, all of the following provisions apply:

(a) The ground anchor point of the escape line shall be located a minimum lateral distance from the derrick or mast equal to the height above the ground where the connecting point of the escape line is secured to the derrick or mast.

(b) Tension of the escape line shall be periodically checked and adjusted to assure a safe landing for the user of the escape line. A safe landing means that a user using a manually operated braking emergency escape unit will stop a minimum of 20 feet from the anchor point and a user using an automatic velocity-limiting device or controlled-descent device will stop a minimum of 5 feet from the anchor point.

(c) Each employee regularly assigned to work from the derrick board shall be provided with an escape line.

CONSTRUCTION

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15721 Construction of derricks and masts {#sec-r-408.15721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15721}

Rule 5721. (1) A derrick or mast manufactured after November 21, 1979, shall have a permanent nameplate which is attached to the structure and which indicates all of the following information:

(a) Name of manufacturer.

(b) Model number and serial number.

(c) Rating, including maximum static hook load capacity with the number of lines.

(d) Whether guying is applicable and the recommended guying pattern. If guying requirements do not appear on the nameplates, the derrick or mast shall be guyed as prescribed by API SPEC 4E-1974, entitled “Specification for Drilling and Well Servicing Structures,” which is herein adopted by reference and may be inspected at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143. The specifications may be purchased at a cost of $125.00 from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com.

(2) An employee qualified in procedures for raising and lowering the mast shall be in charge of raising and lowering operations and shall do both of the following:

(a) Visually inspect the raising or lowering mechanism.

(b) Assure that all tools and materials which are not secured are removed from the mast.

(3) Only an employee required to carry out the operation shall be allowed in or under the mast unless it is in the fully raised or lowered position.

(4) The mast shall be level and properly positioned before raising, lowering, scoping the structure, or tightening guylines.

(5) Before imposing any load on a derrick or mast, all required load guys shall be properly tightened.

(6) Mast crown sheaves shall be guarded to prevent the hoisting line from being displaced from the grooves during all operations.

(7) A derrick board or other platform shall be constructed, maintained, and adequately secured to the structure to withstand the weight of employees and other stresses placed upon the platform.

(8) An unguarded opening large enough to permit a person to fall through shall not exist between the beams or main supports of the crown block.

(9) If bumperblocks are used under the crown block beam, a safety cable or strap shall be fastened along their full length with both ends secured to the derrick.

(10) All counterweights above the rig floor, when not fully encased or running in permanent guides, shall have a safety chain or wire rope safety line anchored to the derrick or mast to secure them. The chain and wire rope shall be capable of sustaining the drop load and shall limit the drop counterweight to not less than 7 feet from the floor.

(11) Load-bearing hydraulic jacks shall have a safety lock device, double valves, or the equivalent..

(12) A derrick, mast, and auxiliary parts shall be maintained in a safe condition.

History

• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15722 Derrick and mast foundations and guying {#sec-r-408.15722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15722}

Rule 5722. (1) Foundations shall be capable of safely distributing the gross weight of the derrick or mast under the maximum anticipated hook load.

(2) Guyline ground anchors shall be any type that satisfies the requirements of subdivision (a) of this subrule. Soil conditions, terrain, and the use of surrounding land determines the most applicable type of anchor. All anchors shall satisfy both of the following requirements:

(a) An installed ground anchor, permanent or temporary, shall meet the pullout requirements for the conditions of service. The anticipated climatic conditions, including wind forces, for the geographic area shall be a prime consideration in determining the anchor pullout requirements and pattern spacing. Anchor breaking strength and pullout safety factors shall be in accordance with API SPEC 4E-1974, entitled "Specification for Drilling and Well Servicing Structures," which is adopted herein by reference in R 408.15721 (1) (d).

(b) Where soil is corrosive, metal components of permanent ground anchors shall be galvanized or otherwise protected against corrosion.

(3) For permanent-type ground anchors, the well operator shall make representative pull tests for the geographical area and size and type of anchor involved. Representative pull tests shall be conducted along the anchor working plane. Records of representative anchor pull tests for the area shall be maintained.

(4) Permanent anchors shall be inspected before each use by visually checking.

If damage or deterioration is apparent upon inspection, anchors shall be pull tested.

(5) Temporary ground anchors shall be of such type and so installed to provide pullout strengths which exceed the maximum anticipated guyline pull for the equipment to be used and the conditions of service. Records of representative anchor pull tests for the area and size and type of anchor shall be maintained.

(6) A portable mast, either structure or pole type, that requires the use of external guylines to assure stability shall have the external guylines in place immediately following the raising and telescoping of the mast.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15723 Traveling blocks and crown blocks {#sec-r-408.15723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15723}

Rule 5723. (1) A traveling block and its component parts shall be designed, constructed, and maintained as prescribed in API SPEC 8A-1976, entitled “Specifications for Drilling and Production Hoisting Equipment,” which is adopted herein by reference and may be inspected at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143. The specifications may be purchased at a cost of $125.00 from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com.

(2) A traveling block, crown block, or related equipment shall not be subjected to any load in excess of its designed rating.

(3) A hook for use with a traveling block to which equipment is either directly or indirectly attached shall be equipped with safety latch to prevent accidental release of the load.

(4) A traveling block exposed to contact shall be guarded at the running nip point of the sheave and shall not be operated unless the guard is in place.

History

• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15725 Electrical installations {#sec-r-408.15725 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15725}

Rule 5725. (1) Except as required in this rule, electrical installations and equipment shall be as prescribed in the national electrical code, NFPA 70-1981, which is adopted herein by reference and may be inspected at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143. This code may be purchased at the cost of $27.00 from the National Fire Protection Association, Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101, or via the internet at web-site: www.nfpa.org.

(2)Electrical equipment such as lighting, power tools, and other electrical motors used in hazardous locations shall be designed for such locations and where practicable, listed by a nationally recognized testing laboratory. All wiring components and electrical equipment shall be maintained in accordance with the original design. Because of exposure to vibration and frequent rig moves, maximum use shall be made of flexible electrical cord intended for hard usage and with inherent resistance to dampness and petroleum products.

(3) On a land location, an engine-driven light plant or generator shall not be located closer to the wellbore than the nearest engine operating the rig.

(4) A light plant generator shall have a overload safety device to provide protection from arcing in a hazardous area or from a burnout of the generator.

(5) Rig lighting equipment, except that used in a cellar, shall be classified as class 1, division 2.

(6) Cellar lighting equipment shall be classified class 1, division 1.

(7) The following area classifications shall determine the type of maintenance requirements for electrical equipment on the rig under normal operating conditions.

When special service operations are being performed, the requirements for electrical installations under the conditions of service listed in subdivisions (a) to (h) of this subrule shall be followed:

(a) When the derrick or mast is not enclosed or is equipped with a windbreak (open top and V-door) and the substructure is open to ventilation, the areas shall be classified as shown in figure 1 and shall provide not less than 12 complete air changes per hour.

(b) If the rig floor and substructure are enclosed and as such, provide not less than 12 complete air changes per hour, the areas shall be classified as shown in figure 2.

(c) Where appropriate, the area surrounding a drilling fluid tank located outdoors shall be provided with ventilation of not less than 12 complete air changes per hour and shall be classified as shown in figure 3.

(d) If the drilling fluid tank is enclosed or located so as to provide not less than 12 complete air changes per hour, the areas shall be classified as shown in figure 4.

(e) The areas surrounding a shale shaker with ventilation of not less than 12 complete air changes per hour shall be classified as shown in figure 5.

(f) When the shale shaker is enclosed, the area within the enclosure shall be classified as class 1, division 1.

(g) If an open fluid ditch or trench is used to connect between drilling fluid tanks, or between the drilling fluid tank and shale shaker, or open drilling fluid pits, and if ventilation of not less than 12 complete air changes per hour is provided the areas shall be classified as shown in figure 3 for tanks.

(h) The area surrounding the drilling fluid pump shall not be considered hazardous unless it is so classified due to the proximity of another hazardous component or facility.

(8) Motors and other electrical equipment shall be classified as prescribed in figures 1 to 5 of this rule.

(9) Direct current (DC) rotary, draw works, cathead, and pump motors in a classified area shall have an enclosed cooling system or shall be purged with air from a safe source.

Air units supplying purged air shall be located at the input end of the system to provide positive pressure on the ducting and motors.

(10) All electrical extension cords shall be properly insulated with both male and female plugs, and the cord shall be in good condition.

(11) Lamps and reflectors shall be kept clean to provide illumination.

(12) Figures 1 to 5 read as follows:

Editor's Note: An obvious error in R 408.15725 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2013 MR 10. The memorandum requesting the correction was published in Michigan Register, 2014 MR 4.

History

• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15726 Blowout prevention equipment {#sec-r-408.15726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15726}

Rule 5726. (1) Before drilling out under surface casing, blowout preventing equipment shall be installed and maintained throughout the drilling operation.

(2) The blowout prevention equipment shall be as prescribed in the API RP53-1976 document entitled “Recommended Practices for Blowout Prevention Equipment Systems,” which is adopted herein by reference and may be inspected at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143. This information may be purchased at the cost of $125.00 from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com.

(3) Where a ram-type preventer is used, it shall contain pipe rams to enable closure on the pipe being used.

(4) The choke line and kill line shall be anchored, tied, or otherwise secured to prevent whipping under pressure surges.

(5) While in service, blowout prevention equipment shall be inspected daily and a preventer mechanical test shall be performed daily to ensure that the preventers will function properly.

(6) A pipe fitting, valve, or union placed on or connected with blowout prevention equipment, well casing, casinghead, drill pipe, or tubing shall have a working pressure rating suitable for the maximum anticipated well surface pressure.

(7) Pressure testing of each component of the blowout preventer equipment shall be conducted before drilling out any string of casing, except conductor pipe. Drilling shall not proceed until blowout prevention equipment is found, upon testing, to be serviceable.

(8) If a blind ram is closed for any purpose, the valve on the choke line or relief line below the blind ram shall be opened before opening the ram to bleed off any pressure.

(9) At least 1 person who is capable of operating blowout prevention equipment shall be on the well site during well drilling operations.

EQUIPMENT

History

• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15731 Machinery, tools, and equipment generally {#sec-r-408.15731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15731}

Rule 5731. (1) Well operations shall not be commenced until the rig is rigged up in a safe manner.

(2) A lockout system shall be established for drilling rig equipment, except on draw works, slush pumps, and rotaries where a tag out system may be used. An employee shall be trained in the use of a lockout system to prevent unexpected energizing of any equipment from any energy source which might inflict injury to personnel. A lock or tag shall not be removed without the approval of the person who installed it or his or her authorized replacement.

(3) A maintenance employee shall report to the rig supervisor before beginning repairs and when repairs are completed.

(4) Rig power shutdown devices shall be checked at least once each week to determine that they are in proper working condition.

(5) Tools, parts, and other materials shall not be kept in the derrick or mast above the rig floor unless there is occasion for their immediate use and precautions are taken to prevent them from falling.

(6) Every rig shall be equipped with a safety valve with connections suitable for use with each size and type of tool joint or pipe coupling being used on the job. A means shall be provided to allow for the circulation of the well.

(7) Any overhead wire shall be considered an energized line until a representative of the owner or utility has checked and indicated otherwise. Before any equipment is erected or moved near a power line, the owner or utility representative shall be notified. Except where electrical power lines and equipment have been deenergized and visibly grounded at the point of work, or where an insulating barrier, not a part of the equipment, has been erected, or where the employee is insulated or isolated from the equipment, clearances shall be maintained pursuant to the following table:

TABLE

Clearance in transit Clearance with boom lowered Voltage boom raised and no load To 49 KV 10 feet 4 feet Over 50 KV 10 feet + .4 inch per KV 50 to 345 KV 10 feet 346 to 750 KV 16 feet (8) The hoisting unit of a gin pole truck shall be in compliance with all of the following provisions:

(a) Worn parts that could adversely affect the safety of the operation shall be replaced.

(b) Not be used to lift or pull more than the wire rope or the hoisting unit's rated capacity, whichever is less.

(c) Have the wire rope and connecting pins inspected at least once a month.

(9) A gin pole mounted on a truck shall be securely fastened when the poles are in a vertical or semivertical position.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15732 Guylines and hoisting lines {#sec-r-408.15732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15732}

Rule 5732. (1) A guyline shall be maintained in good condition and shall be of a strength, including auxiliary devices such as chains, boomers, and clamps, capable of withstanding loads for the anticipated service conditions. A guyline shall have a safety factor of 3.

(2) Each guyline shall be visually inspected before each rig up. A guyline shall be removed from service and replaced if in any length of 10 diameters the total number of visible broken wires exceeds 10% of the total number of wires in the line or if the guyline shows other signs of excessive wear, corrosion, or defect.

(3) Wire rope used for hoisting purposes shall be of a strength to safely lift and otherwise handle anticipated loads under conditions of service. The maximum allowable hoisting line working load shall be based on a minimum safety factor of 3 for normal operations. A minimum safety factor of 2 is allowed when setting casing, pulling on stuck pipe, or while engaging in similar infrequent operations.

(4) A damaged portion of a hoisting line shall be removed from service when any of the following conditions exist:

(a) Three broken wires are found in 1 lay of 6 by 6 wire rope.

(b) Six broken wires are found in 1 lay of 6 by 19 wire rope.

(c) Eight broken wires are found in 1 lay of 8 by 19 wire rope.

(d) Nine broken wires are found in 1 lay of 6 by 37 wire rope.

(e) Wire ropes not covered in this subrule are found to have 4% or more of the total number of wires composing such rope broken in 1 lay.

(f) Marked corrosion appears.

(g) Corroded or broken wires are noted at end connections.

(h) End connections are corroded, cracked, bent, worn, or improperly applied.

(i) Evidence is noted of kinking, crushing, cutting, or unstranding.

(5) When the hoisting line is placed on the hoisting drum, the end shall be securely fastened and there shall be not less than 7 line wraps remaining on the drum at the lowest operating position of the traveling block.

(6) A deadline anchor for a hoisting line shall be so constructed, installed, and maintained that its strength equals or exceeds the working strength of the hoisting line.

(7) When a ton-mile calculation indicates, or an inspection reveals, that the hoisting line safety factor has been materially reduced, the line shall be slipped, cut, or replaced.

(8) A hoisting line under load shall not be allowed to come in contact with any part of the derrick or mast, stationary equipment, or material in the structure, except at the crown block sheaves, traveling block sheaves, a turnback roller, and a line stabilizer, when needed.

(9) The hoisting line shall not be removed from the hoisting drum until the traveling block is rested on the rig floor or held suspended by a separate wire rope or chain.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15733 Draw works {#sec-r-408.15733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15733}

Rule 5733. (1) A visual inspection of the draw works and its working parts shall be made at least once each day.

(2) The equipment operator shall not leave the draw works brake without tying the brake down or securing it with a catch lock, unless the draw works is equipped with an automatic feed control.

(3) An emergency shutdown switch for a draw works engine or motor shall be located at the draw works drum control console.

(4) A draw works used for well drilling shall be equipped with a device which actuates an emergency stop of the drum and engages the brake when the maximum wraps on the drum have been reached or shall be equipped with a crown safety device which achieves equal or better protection. Either device shall be tested at rigup and at least once each week thereafter when in use or when the hoisting line system is changed.

(5) Tension shall be applied by a catline tugger or other means when running the initial wraps on the draw works.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15734 Catheads {#sec-r-408.15734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15734}

Rule 5734. (1) A cathead on which a rope is manually operated shall have a rope guide to hold the onrunning rope in alignment with its normal running position against the inner flange. Clearance of the rope guide shall be a maximum of 3/8 inch from the cathead.

(2) The fasteners for the guides and housing shall be secured against loosening by safety wires or other equivalent means.

(3) Precautions shall be taken to prevent entanglement of other lines with a line in use on a cathead.

(4) When a cathead is unattended, a rope or line shall not remain wrapped on or in contact with the cathead.

(5) A qualified employee shall attend the draw works control when a manually operated cathead is in use.

(6) A cathead shall be checked for grooves and rebuilt and turned when necessary to prevent fouling. Cathead groove depth shall not exceed 1/4 inch.

(7) A headache post or guard shall be provided for protection of the employee at the draw works controls when the line is in close proximity to the operator during operation of a catline, jerkline, or spinning line.

(8) An automatic cathead and its mechanism shall be maintained in safe working condition.

(9) A splice shall not be allowed to contact the cathead friction surface, with the exception of endless rope properly spliced.

(10) A catline shall not be used to raise or lower personnel.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15735 Drill collars {#sec-r-408.15735 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15735}

Rule 5735. Safety clamps used on a drill collar, flush-joint pipe, or similar equipment to prevent the collar, pipe, or equipment from falling in the well when not held by the elevators shall be removed from such equipment before hoisting continues.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15736 Weight indicators {#sec-r-408.15736 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15736}

Rule 5736. (1) A weight indicator shall be installed and used on all operating drilling and well servicing rigs. It shall be so constructed, installed, and maintained so as to register an indication of plus 5% at maximum hook loading of the suspended load.

(2) The weight indicator shall be checked monthly for calibration by comparing its reading with the calculated drill string or tubing string weight, with adjustment made as necessary.

(3) The weight indicator shall be mounted so the gauge is easily visible to the operator standing at the brake position.

(4) Where an employee would be exposed to a hazard from a weight indicator, or a component of a weight indicator, installed on the deadline, the indicator or component shall be secured with a separate safety line or chain.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15737 Drilling fluid tanks {#sec-r-408.15737 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15737}

Rule 5737. (1) A pit or tank used to circulate flammable materials shall be located not less than 100 feet from the well. Equivalent safety measures shall be taken where terrain and location conditions do not permit maintaining such distance.

(2) A fixed drilling fluid gun used for jetting shall be pinned or hobbled when in use and unattended.

(3) When it is necessary for an employee to enter a drilling fluid tank, the requirements of R 408.15725, if applicable, and the rules contained in general industry safety standard, Part 90. Confined Space Entry, being R 408.19001 et seq. of the Michigan Administrative Code, shall be followed.

(4) An electric motor-driven blower used for ventilation shall be of an appropriate electrical classification for the area in which the blower is located.

History

• History: 1979 AC; 1994 AACS.

Mich. Admin. Code R 408.15738 Pipe racks {#sec-r-408.15738 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15738}

Rule 5738. (1) Pipe shall be handled at the ends during manual pipe loading and unloading operations and during transfer between pipe racks.

(2) An employee shall not go between the pipe rack and a pipe truck or trailer during loading, unloading, or transfer operations.

(3) Provision shall be made to prevent pipe from accidentally rolling off a pipe rack or truck.

(4) During transfer operations between the truck and the pipe rack, temporary supports for skidding or rolling the pipe shall be so constructed, placed, and anchored to support the load to be placed on them.

(5) Pipe and drill collars racked in the derrick or mast shall be secured to prevent them from falling across the derrick or mast.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15739 Pressure equipment {#sec-r-408.15739 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15739}

Rule 5739. (1) A relief valve discharge shall be located and anchored so as to prevent a hazardous condition due to sudden discharge or piping movement.

(2) In normal operation, pumps, piping, hoses, valves, and other fittings shall not be operated at pressures greater than their rated working pressure and shall be maintained in good operating condition. Test pressures shall not exceed the design test pressure. Pumps, piping, hoses, and safety relief valves shall be of the design that meets the requirements of the operating conditions to be encountered.

(3) Repairs to electrically driven pressure equipment shall not be performed unless the energy source has been interrupted at the switch box and the control has been locked.

History

• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.15740 Rotary tables and tongs {#sec-r-408.15740 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15740}

Rule 5740. (1) The operator shall not engage the rotary clutch until the rotary table is clear of all employees and materials.

(2) Rotary table power shall not be used to accomplish initial breakout of tool joint, but may be used for spinning out once initial breakout is effected.

(3) A tong shall be:

(a) Securely attached and anchored with wire rope or stiff arm.

(b) Properly maintained and repaired when excessive wear occurs. All tongs and tong heads, including dies shall be inspected for size and condition, repaired, and greased before every trip.

(4) A fitting used to attach a back-up line to the derrick or back-up post shall have a minimum breaking strength equal to the breaking strength of the cable attached to the fitting.

(5) A power tong:

(a) Shall be backed up with a device able to withstand the maximum torque of the power tool.

(b) With front openings shall have the front doors in proper working order.

(6) When working on a power tong head, the power input pressure line shall be disconnected as prescribed in rule 32 of Part 1. General Rules, being R 408.10032 of the Michigan Administrative Code.

(7) A tong pressure line shall be equipped with a safety relief valve, and pressure shall never be set higher than the rated capacity of the tong.

SPECIAL SERVICES

History

• History: 1979 AC.

Mich. Admin. Code R 408.15741 Special services generally {#sec-r-408.15741 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15741}

Rule 5741. (1) The supervisor of the special service shall hold a pre-job meeting with each crew to review responsibilities for the operation to be performed.

(2) Welding shall not be performed in the immediate wellhead area during wire line operations.

(3) When possible, the service unit shall be located on the upwind side of the wellhead and spotted where the crew has optimum visibility and can work unobstructed.

(4) A frozen flow line shall not knowingly be flexed or hit.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15742 Special services equipment; tanks, pump units, and communications {#sec-r-408.15742 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15742}

Rule 5742. (1) A service unit engine shall be equipped with an emergency shutdown device, the control of which shall be located at the operator's console.

(2) A tank for flammable material shall be set so that if tanks leak, fluid will drain away from the well and equipment, or provisions shall be made to contain any leaked fluid.

(3) Electric power to the pumping unit shall be de-energized and locked out such a distance from the wellhead as to eliminate potential electrical hazards during well servicing operations. In confined locations, overhead electric power to the pumping unit control panel shall be de-energized.

(4) When operations are to be conducted around a pumping unit, the brake shall be set; if the pumping unit is stopped with counterweights in other than the down position, additional means shall be effected to prevent any movement of the counterweights or beam.

(5) After well servicing operations are completed, precautions shall be taken before energizing the power source to determine that all personnel and equipment are clear of weight and beam movement.

(6) Brake systems on all pumping units shall be maintained in safe working order.

(7) All equipment shall be located so that equipment operators can see the employee in charge during operations so that alternate specific arrangements can be made to assure adequate communication.

(8) Signals between supervisors and employees shall be agreed upon and fully understood before initiation of operations. Where more than 1 employer is involved in a drilling or service operation, coordination of activities and communication shall be accomplished so that the employees are protected at all times.

(9) Communications equipment shall be in good working order before commencing operations.

(10) Employees shall be out of the derrick and cellar and stand clear when a subsurface pump is being unseated or when the initial pull on tubing is made.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15743 Treating and cementing discharge lines {#sec-r-408.15743 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15743}

Rule 5743. (1) Before initiating well servicing operations, the well shall be checked for pressure and proper steps shall be taken to remove the pressure or to ensure safe operation under pressure.

(2) A treating or cementing discharge line shall not be placed under any mobile equipment nor shall any mobile equipment be spotted over any such line.

(3) A discharge pressure line shall include sufficient flexible joints to avoid line rigidity and minimize vibration at the wellhead.

(4) When using an open-ended flow discharge line to flow or bleed off a well, the line shall be secured to prevent whipping. The flow discharge line shall be anchored before opening the wellhead control valve.

(5) All pressure shall be bled from a discharge line before breaking out or rigging down the line.

(6) After a hazardous substance has been pumped, all discharge lines shall be properly flushed before breaking out.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15744 Lubricator operations {#sec-r-408.15744 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15744}

Rule 5744. (1) The provisions of this subrule apply when downhole tools are being run on a wire line in a well and a lubricator is used to allow removal of the tools under pressure.

(2) A lubricator, including the swages and unions, shall be visually inspected for defects before use. Any defects that may affect safe operations shall be corrected before installation.

(3) All valves and gauges shall be checked to be certain that there is no pressure on the lubricator before working on or removing it.

(4) When a lubricator is installed on a wellhead, an outlet below the lubricator shall be provided for well control operations.

(5) When downhole tools are being run on a wire line in wells where surface pressure is suspected, a lubricator or other equivalent control device shall be used to allow the removal of the tools under pressure.

(6) Only employees essential to the conduct of ongoing operations shall be permitted near the pressurized lubricator, flow lines, and wellhead.

(7) Wellhead adapters, wire line valves, and lubricating equipment shall be operated within their working pressure ratings.

(8) Hammering or otherwise striking on a pressurized lubricator or connection shall not be permitted.

(9) A threaded connection or union on a pressurized lubricator shall not be loosened or tightened.

(10) When handling the lubricator with a rig catline, air hoist, or other type of hoisting equipment, the line shall be snug against a union.

The catline or hoist line shall not be tied in the middle of a section of lubricator.

(11) When breaking a quick-thread union that is secured with a single bolt, the bolt shall be left in place with at least 1 full nut of threads engaged until after the union has been knocked loose. After the union has been knocked loose, the connection shall be moved to make certain the ring seal is broken and pressure has been released.

(12) A lubricator, 26 feet or more in length, shall be properly guyed or held vertical when in use.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15745 Wire rope {#sec-r-408.15745 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15745}

Rule 5745. (1) Wire rope used on a gin pole truck shall be replaced if the monthly inspection shows any of the following conditions:

(a) In any length of 8 diameters, the total number of visible broken wires exceeds 10% of the total number of wires.

(b) The wire rope has been kinked, crushed, or birdcaged or has sustained other damage which distorts the rope structure.

(c) The outside of the wire rope shows heat or corrosive damage.

(2) There shall be not less than 2 complete wraps on the hoist drum when any load being hoisted is at its lowest point.

WIRELINE SERVICE

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15751 Wireline service generally {#sec-r-408.15751 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15751}

Rule 5751. (1) Wireline wipers shall be secured to prevent displacement.

(2) Oil savers shall be adjusted only by remote control while the wireline is in motion.

(3) Except for an employee of the wireline service company, an employee shall not be permitted closer than 6 feet to a moving wireline when working between the wireline unit and the well.

(4) The wireline valve, sometimes called a wireline blowout preventer, shall be visually inspected during opening and closing each time it is installed on a well. It shall be pressure tested monthly in full closed position to the rated working pressure of the valve.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15752 Placement and handling of wireline service units {#sec-r-408.15752 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15752}

Rule 5752. (1) If a fracturing or hot oil unit is on the location, the wireline unit shall be located as far away from either unit as is practicable. The unit shall be located so that a means of emergency egress is available facing away from the fracturing or hot oil unit.

(2) A mobile wireline service unit working on land locations shall be properly chocked or spaded. If not spaded, a minimum of 2 chocks shall be used, 1 behind each rear wheel toward the wellhead.

(3) A portable or skid-mounted wireline service unit shall be properly secured to prevent any uncontrolled movement of the unit when a load is taken on the line.

(4) A wireline service unit shall be located in a manner that will not interfere with the entrance or exit of an employee from that unit or other service unit.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15753 Gin poles and rope falls {#sec-r-408.15753 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15753}

Rule 5753. (1) A gin pole shall be properly attached to the wellhead or Christmas tree with a chain and ratchet load binder in a manner that prevents movement when the load is being handled. A chain and ratchet binder used to attach the gin pole to the wellhead or Christmas tree shall be of a proper size and strength to support the anticipated load to be handled.

(2) When the gin pole and rope falls are being used to lift the lubricator or any other heavy object, the load shall be pulled from as near a vertical position as practicable.

(3) A splice shall not be permitted in the entire length of rope of a rope fall, except where the dead end is tied off.

(4) The rope shall be inspected at the beginning of each job to assure that it has not been partially cut, frayed, or exposed to chemicals that may weaken it. A rope that has been weakened by being cut or frayed or that has been in contact with damaging chemicals shall be immediately replaced.

(5) The blocks of a rope fall shall be inspected at the beginning of each job for shaft wear, the condition of bearings, or damaged or severely worn sheaves that may cause rope damage. A block that shows excess wear or damage shall be immediately replaced.

(6) A wire sling or equivalent that has been inspected for defects before installation shall be used for the purpose of securing the lower wire line sheave. The sheave shall be attached to a primary rig beam, blowout preventer, or permanent stable fixture.

(7) A pin used in the makeup of a sheave wheel shall be secured with a cotter pin or safety-type pin.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15754 Wellheads, wellhead connections, and adapters {#sec-r-408.15754 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15754}

Rule 5754. (1) Except under emergency conditions and with due regard for potential hazard, wire line operations equipment shall not be rigged up on any wellhead if the surface pressure exceeds or is expected to exceed the maximum rated working pressure of the wellhead and wellhead equipment.

(2) In wire line operations where the weight and pull of the tools is to be supported by the lubricator, the connector shall be of such size and strength to support the anticipated loads.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15755 Rescinded {#sec-r-408.15755 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15755}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15756 Wire line operations {#sec-r-408.15756 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15756}

Rule 5756. (1) When handling a wire line that recoils when extended, the loose end shall not be left unsecured.

(2) If slack line occurs while tools are in the hole, the wire line shall be clamped off at the wellhead before working with the loose line.

The clamp shall be tied off with a chain or soft-laid cable with sufficient strength to withstand any load to which it may be subjected.

(3) Hands, rags, and other objects shall be kept clear of sheave wheels while the line is in motion.

(4) A mast or gin pole truck used in wire line operations shall not be moved from one location to another nor driven on public roads with the mast or pole in a vertical or semivertical position.

(5) A gin pole mounted on a truck shall be securely fastened when the poles are in a vertical or semivertical position.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15757 Perforating {#sec-r-408.15757 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15757}

Rule 5757. (1) Devices containing an explosive, such as a perforating gun or sand line cutter, shall be handled only by qualified employees.

(2) Electrical grounding between the wellhead, service unit, and rig structure shall be made before operating a tool using an explosive. A periodic check shall be made to ensure that all units are grounded.

(3) All unnecessary employees shall be kept away from a perforating gun while the gun is being armed, placed in the well, removed from the well, and disarmed.

(4) A radar or radio transmitting unit shall not be operated within 200 feet of any perforating operation. Warning signs shall be posted or other appropriate measures shall be taken by the employer performing the perforating operation so that all radio transmitting units will be shut off within 200 feet of the perforating operations.

(5) The perforating operation shall be suspended or the loaded gun safely isolated if an electrical storm or severe wind is imminent in the job area.

(6) Only a galvanometer or safety meter approved by the institute of makers of explosives shall be used for checking the continuity of blasting cap circuits.

(7) Shortcuts, such as a circuit jumper or a wired around switch, shall not be used on perforating equipment.

(8) A circuit alteration shall not be made while a perforating gun is attached to the cable head, unless the gun is 100 feet or more down the wellbore.

(9) When checking cable continuity using service unit electric current (AC or DC), the cable head or end of the cable shall be located in the vicinity of the unit where the employee applying the current can see the cable head.

(10) Before arming a bullet or shaped charge gun, conductor wire and armor shall be temporarily shorted to eliminate any capacitance charge that may exist in the cable.

(11) Primacord shall be separated from a blasting cap before assembly on location.

The cap and booster shall be crimped only with an approved crimper. Primacord shall be cut with primacord cutters or a sharp blade and shall never be cut with diagonal cutters.

(12) A blasting cap and unattached booster shall be transported in an approved cap box. Only the cap and booster for immediate use shall be removed from the cap box. The shunt on the cap leg wires shall remain in place until the cap is wired into the circuit.

(13) Upon completion of the perforating operation, the work area shall be inspected and all explosive materials and scraps shall be removed from the site by a qualified employee.

OTHER SPECIAL SERVICE OPERATIONS

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15761 Stripping and snubbing {#sec-r-408.15761 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15761}

Rule 5761. (1) Stripping a well shall be performed under close surveillance by a responsible supervisor.

(2) An emergency escape system shall be provided and available for employees working atop hydraulic snubbing equipment.

(3) Before commencing snubbing operations, the snubbing tower shall be properly guyed if not otherwise supported.

(4) Flow lines or bleed-off lines shall be located, if possible, away from areas frequented by employees, such as doghouses, tool boxes, pumps, and power packs. If pressurized, a line shall be secured to prevent whipping if the line ruptures.

(5) Two-way communications shall be provided between the snubbing operator and the pump operator. This may be accomplished by hand signals, voice communication, or other equally effective means.

(6) Well surface pressure shall be monitored at all times during stripping and snubbing operations.

(7) Pipe snubbed into the wellbore shall have at least 1 landing nipple near the lower end of the pipe string to receive a back pressure valve or blanking plug.

(8) Snubbing operations shall not be performed while welding is being done in the immediate vicinity of the wellhead.

(9) All employees involved in stripping or snubbing operations shall be informed of the maximum working pressure limit of the equipment.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15762 Drill stem testing generally {#sec-r-408.15762 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15762}

Rule 5762. (1) The supervisor in charge shall hold a crew meeting before going in the hole for a drill stem test.

(2) Measures shall be taken to exclude unauthorized employees from the area before and during drill stem testing operations.

(3) Drilling fluid density and viscosity shall be checked and maintained within specification limitations to minimize blowout possibilities.

(4) A fill-up line shall be installed exclusively to keep the casing full of drilling fluid and shall be used only for this purpose. The kill line shall be installed exclusively to provide complete well control. The kill line shall be separate from the fill-up line.

(5) A test line connection to the control head shall be securely fastened to the elevator bail.

(6) Every test plug used above the rig floor shall be attached to the elevator link by safety cable or chain.

(7) A reversing valve shall be incorporated in the test tool assembly to be able to reverse out in case of an emergency.

(8) The swivel and kelly hose shall not be used as part of the test line.

(9) A safety valve of proper size and thread configuration to fit the test string shall be readily available for emergency use on the rig floor.

(10) A test line shall be laid to a reverse pit or test tank and securely anchored.

(11) If hydrogen sulfide is suspected or known to be present in the area, the provisions of R 408.15717 shall be followed.

(12) The fluid level in the casing shall be monitored at all times while going in and coming out of the hole during a drill stem test to ensure that the hole is kept full and that swabbing does not occur.

(13) The mud box shall be hooked up and ready for use before the drill stem test tool if pulled out of the hole.

(14) The rig floor shall not be left unattended during the drill stem test.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15763 Rescinded {#sec-r-408.15763 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15763}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15764 Acidizing, fracturing, cementing, and hot oil operations {#sec-r-408.15764 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15764}

Rule 5764. (1) During acidizing, fracturing, cementing, and hot oil operations, all lines connected from the pumping equipment to the Christmas tree or wellhead shall have a check valve installed as near the well as possible. In addition, when a multipump manifold is used, a check valve shall be placed in each discharge line as near the other manifold as possible.

(2) When used, pressure-recording equipment shall be located as far as practical from the wellhead and discharge line.

(3) When pumping a flammable fluid, both of the following provisions shall be complied with:

(a) Blending equipment shall be grounded and equipment unloading sand into the hopper shall be bonded to the blending equipment.

(b) The lines containing the flammable fluid shall not be laid under any vehicle.

(4) A pretreatment pressure test on a pump discharge line shall be made at a pressure not less than the maximum expected treating pressure specified by the operator.

(5) Any employee not directly involved in the operation shall remain outside a designated minimum distance during all pressure testing and pumping operations.

(6) A qualified employee shall do both of the following:

(a) Check to see that all valves in discharge lines are open before pumping.

(b) See that all flammable fluid spilled on location is cleaned up or covered before initiating pumping operations.

(7) A pump operator shall remain at the designated position while the pump is in operation, unless the operator is relieved by an authorized employee as directed by the qualified employee on that job.

(8) A bleed-off line attached to the well or pump discharge subject to pressure shall be staked down or secured to prevent movement.

(9) While pumping a flammable fluid, all fires, electrical equipment, and internal combustion equipment not used to complete the job shall be shut down.

(10) A flammable fluid shall not be bled back into open measuring tanks on equipment designed for pumping.

(11) Spilled oil or acid shall be covered or properly disposed of as soon as practicable.

(12) The cement head and loops shall be secured to an elevator bail or traveling block.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15765 Rescinded {#sec-r-408.15765 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15765}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15766 Rescinded {#sec-r-408.15766 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15766}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15767 Rescinded {#sec-r-408.15767 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15767}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15768 Procedures for air, gas, and mist drilling operations {#sec-r-408.15768 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15768}

Rule 5768. (1) Subrules (2) to (16) of this rule apply only to air, gas, or mist drilling operations.

(2) The stripper rubber in the circulating head shall be inspected by a qualified employee at least once each tour. If any leaks are found, immediate action shall be taken to change out the stripper rubber.

(3) Pipe connections carrying gas or air to or from the wellbore shall be made up leak-free. Lines and connections shall be frequently inspected by a qualified employee and maintained free of leaks.

(4) A blooey or bleed-off line shall be not less than 150 feet in length or equivalent safety measures shall be taken. The blooey or bleed-off line shall be located downwind of the rig for the prevailing wind direction.

Equivalent safety measures shall be taken for other wind conditions. A blooey or bleed-off line shall be laid as straight and free of sags as practical from the wellbore and shall be securely anchored.

(5) In gas drilling operations, a shutoff valve shall be installed on the main feeder line not less than 150 feet from the wellhead. In air drilling operations, the shutoff valve shall be installed in the main feeder line near the compressors.

(6) An air compressor shall not be located closer to the wellbore than the nearest engine operating the rig.

(7) The compressor shall be equipped with safety features, such as a pressure relief valve, pressure gauge, engine governor, and fuel shutoff valve.

(8) When making a connection, the standpipe valve shall be closed and the bleed-off line shall be opened before breaking out the tool joint.

(9) A pilot light shall be kept burning at the end of the flow line at all times, except when making trips. The pilot light shall be turned off while making trips.

(10) An effective pilot light or other continuous lighting device shall be kept burning at the end of the flow line at all times during the drilling operations, except when making trips.

(11) Equipment and materials for killing the well with drilling fluid shall be at the drilling site and such equipment shall be operable before a drilling operation commences.

(12) One B-C fire extinguisher of not less than 150 pounds dry chemical capacity, or equivalent, shall be stationed on the job in addition to those required in R 408.15715.

(13) The rig substructure shall be ventilated either by dependable natural convection or by use of mechanical fans which provide not less than 12 complete air changes per hour.

(14) A rig engine shall have an adequate heat and spark-arresting system for the exhaust.

(15) A gas or gasoline-fueled engine used in gas drilling operations shall be equipped with a shielded low-tension ignition system.

(16) A burning stove, open fire, or other possible source of ignition, such as an electric-powered tool or 2-way radio, shall be permitted only in a designated area. Only a heater which is designed and approved as safe shall be permitted on or near the rig floor.

(17) An emergency shutdown device shall be provided for each rig engine, excluding the power plant, and shall be located at the driller's console.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15769 Rescinded {#sec-r-408.15769 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15769}

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.15770 Procedures for freezing, valve drilling, and pipe hot tapping operations {#sec-r-408.15770 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15770}

Rule 5770. (1) A freezing, valve drilling, or pipe tapping operation shall be under the direct supervision of a qualified person.

(2) The rated working pressure of all equipment used on valve drilling and pipe tapping operations shall be at least 1 1/2 times the maximum wellhead pressure of the well on which work is being performed.

(3) After necessary equipment has been rigged up to perform valve drilling or pipe tapping operations, it shall be pressure tested for a minimum of 3 minutes to at least 1 1/2 times the expected pressure but shall not exceed the rated maximum working pressure of either the equipment being tapped or the tapping equipment. The possibility of pipe collapse may dictate a reduction in test pressure.

(4) Pressure inside the lubricator shall equal the pressure inside the equipment being penetrated during the valve drilling and pipe tapping operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15771 Freezing operations {#sec-r-408.15771 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15771}

Rule 5771. (1) A frozen plug shall be allowed to set a minimum of 1 hour per inch of pipe diameter being frozen.

(2) When possible, a frozen plug shall be pressure-tested from above for a minimum of 5 minutes to a pressure which is more than the known wellhead pressure.

(3) Following the pressure test, all pressure shall be bled off the pipe above the frozen plug and observed for a minimum of 15 minutes before breaking out the pipe and installing a new valve.

(4) After installing the new valve, void space between the frozen plug and valve shall be filled with fluid.

(5) A frozen plug shall be allowed to thaw at a normal rate. Steam or hot water shall not be used to thaw a frozen plug.

History

• History: 1979 AC; 1989 AACS.

R 408.15801 to R 408.15842 Part 58. Aerial Work Platforms

Mich. Admin. Code R 408.15801 Scope {#sec-r-408.15801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15801}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the Director of the Department of Licensing and Regulatory Affairs by sections 16 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-18, 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 58. AERIAL WORK PLATFORMS

Rule 5801. (1) This standard applies to the construction, operation, maintenance, and inspection of aerial work platforms with either manual or powered mobility. These rules do not apply to construction operations as defined by 1974 PA 154, MCL 408.1001 to MCL 408.1094.

(2) Fire fighting equipment are not included in these rules, but are provided for in General Industry Safety Standard Part 74 "Fire Fighting," as referenced in R 408.15812.

(3) Powered industrial trucks are not included in these rules, but are provided for in General Industry Safety and Health Standard Part 21 "Powered Industrial Trucks," as referenced in R 408.15812.

History

• History: 1979 AC; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 408.15802 Equipment covered {#sec-r-408.15802 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15802}

Rule 5802. These rules apply to equipment that has a primary function of elevating personnel, together with their tools and necessary materials, on a platform, which is mechanically positioned. The units covered are described by the following American National Standards Institute Standards:

(a) ANSI standard A92.2 2001 edition, "Vehicle-Mounted Elevating and Rotating Aerial Devices,” which is adopted by reference in R 408.15810. This standard applies to vehicle-mounted devices installed on commercial chassis and covers the following type of units: See Figure 1.

(i) Extensible boom aerial devices.

(ii) Aerial ladders.

(iii) Articulating boom aerial devices.

(iv) Vertical towers.

(v) A combination of any of the equipment specified in paragraphs (i) to (iv) of this subdivision.

(b) ANSI standard A92.3 2006 edition, "Manually Propelled Elevating Aerial Platforms", which is adopted by reference in R 408.15810. This standard applies to work platforms that are manually propelled, that are vertically adjustable by manual or powered means, and that may be towed or manually moved horizontally on wheels or casters that are an integral part of the work platform base. See Figure 2.

(c) ANSI standard A92.5 2006 edition, "Boom-Supported Elevating Work Platforms", which is adopted by reference in R 408.15810. This standard applies to all integral frame, boom-supported elevating work platforms which telescope, articulate, rotate, or extend beyond the base dimensions. See Figure 3.

(d) ANSI standard A92.6 1999 edition, "Self-Propelled Elevating Work Platforms,” which is adopted by reference in R 408.15810. This standard applies to self-propelled vertically adjustable integral chassis work platforms. Such work platforms are power operated with primary controls for all movement operated from the platform. See Figure 4.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15803 Definitions; A to I {#sec-r-408.15803 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15803}

Rule 5803. (1) "Aerial device" or "aerial work platform" means an entire device that is designed and manufactured to raise personnel to an elevated work position on a platform supported by scissors, masts, or booms; or any vehicle-mounted device, telescoping or articulating or both, that is used to position an employee.

(2) "Aerial ladder" means an aerial device consisting of a single- or multiple-section extensible ladder.

(3) "Articulating boom platform" means an aerial device with 2 or more hinged boom sections.

(4) "Authorized person" means a person who is approved and assigned to perform specific types of duties by the employer and who is qualified to perform those duties because of his or her training or experience.

(5) "Commercial chassis" means a vehicle that is built for over-the-road or roadway travel.

(6) "Exposed power line" means a power line that is not isolated or guarded.

(7) "Extensible boom platform" means an aerial device, except ladders, with a telescopic or extensible boom. A telescopic derrick with a personnel platform attachment shall be considered to be an extensible boom platform when used with a personnel platform.

(8) "Insulated aerial device" means an aerial device designed for work on or near energized lines and apparatus.

History

• History: 1979 AC; 1988 AACS; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 408.15804 Definitions M to Q {#sec-r-408.15804 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15804}

Rule 5804. (1) "Mechanically positioned" means that the elevating assembly, whether a mechanical, cable or chain, hydraulic, pneumatic, electric or other powered mechanism, is used to raise or lower the platform.

(2) "Mobile unit" means a combination of an aerial device, vehicle and related equipment.

(3) "Override" means to transfer or to take away platform control functions by another station.

(4) “Personal fall arrest system” means a system used to arrest an employee in a fall from a walking-working surface. It consists of a body harness, anchorage, and connector.

The means of connection may include a lanyard, deceleration device, lifeline, or a suitable combination of these.

(5) "Platform" means the portion of an aerial work platform, such as a bucket, basket, stand, cage, or the equivalent, that is designed to be occupied by personnel.

(6) "Power line" means a distribution or transmission electrical line.

(7) "Qualified line clearance tree trimmer" means an employee trained to work in proximity of energized power transmission and distribution lines. An employee in a training program is included in this definition.

(8) "Qualified lineman" means an employee trained and authorized to work on or near energized lines. An employee in a training program is included in this definition.

(9) "Qualified person" means a person who possesses a recognized degree, certificate, professional standing, or skill and who, by knowledge, training, and experience, has demonstrated the ability to deal with problems relating to the subject matter, the work, or the project.

(10) "Qualified telecommunications employee" means an employee trained to work on communication lines in the proximity of energized power transmission and distribution lines.

History

• History: 1979 AC; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 408.15805 Definitions; S to Y {#sec-r-408.15805 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15805}

Rule 5805. (1) "Safety factor" means the ratio of the braking strength of a piece of material or object to maximum designed load or stress applied when in use.

(2) “Travel restraint system” means a combination of an anchorage, anchorage connector, lanyard, or other means of connection, and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface.

(3) "Vehicle" means any carrier that is not manually propelled.

(4) "Vehicle-mounted elevating and rotating work platform" means an aerial device or aerial work platform.

(5) "Vertical tower" means an aerial device designed to elevate a platform in a substantially vertical axis on a level surface.

(6) "Yield point" means the point where material begins to take a permanent deformation.

History

• History: 1979 AC; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 408.15810 Adopted standards {#sec-r-408.15810 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15810}

Rule 5810. (1) The standards specified in this rule, are adopted by reference.

(2) The following ANSI standards are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at web-site: http://global.ihs.com; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(a) ANSI A92.2, “Standard for Vehicle-Mounted Elevating and Rotating Work Platforms,” 1969 edition. Cost: $20.00.

(b) ANSI A92.3, "Manually Propelled Elevating Aerial Platforms", 2006 edition.

Cost: $68.00.

(c) ANSI A92.5, "Boom-Supported Elevating Work Platforms", 2006 edition. Cost: $68.00.

(3) The following ANSI standards are available from the Scaffold and Access Industry Association, 400 W. Admiral Blvd., Kansas City, Missouri, 64106, USA, telephone number: 1-816-595-4860 or via the internet at website: www.shop.saiaonline.org; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(a) ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Aerial Devices,” 2001 edition. Cost: $45.00.

(b) ANSI A92.3, "Manually Propelled Elevating Work Platforms", 1990 edition.

Cost: $45.00.

(c) ANSI A92.5, "Boom-Supported Elevating Work Platforms", 1992 edition. Cost: $45.00.

(d) ANSI A92.6, "Self-Propelled Elevating Work Platforms,” 1999 edition. Cost: $45.00.

(4) The “Manual on Uniform Traffic Control Devices, Part 6: Temporary Traffic Control,” 2011 Michigan/2009 Federal Edition is available at no cost from the Michigan Department of Transportation via the Internet at website: www.michigan.gov/mdot. The entire 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD) may be purchased from the Michigan Department of Transportation, Cashiers Office, P.O. Box 30648, Lansing, Michigan 48909-8148; (517) 322-1676; at a cost of $145.00 as of the time of adoption of these rules.

(5) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20 for shipping and handling.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15811 Rescinded {#sec-r-408.15811 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15811}

History

• History: 1979 AC; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.15812 Availability of MIOSHA referenced standards {#sec-r-408.15812 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15812}

Rule 5812. The following Michigan Occupational Safety and Health Administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,”

R 408.42201 to R 408.42243.

(b) General Industry Safety and Health Standard Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193.

(c) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(d) General Industry Safety Standard Part 53 “Tree Trimming and Removal,”

R 408.15301 to R 408.15363.

(e) General Industry Safety Standard Part 74 “Fire Fighting,” R 408.17401 to R 408.17464.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15815 Training; permits {#sec-r-408.15815 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15815}

Rule 5815. (1) An employer shall provide each employee who will operate the aerial work platform with instruction and training regarding the equipment before a permit is issued or reissued. Such instruction and training shall include the following:

(a) Instruction by a qualified person in the intended purpose and function of each of the controls.

(b) Training by a qualified person or reading and understanding the manufacturer’s or owner’s operating instructions and safety rules.

(c) Understanding by reading or by having a qualified person explain, all decals, warnings, and instructions displayed on the aerial work platform.

(d) Reading and understanding the provisions of this subrule and subrules (1) to (9) of this rule or be trained by a qualified person on their content.

(2) An employer shall provide the operator of an aerial work platform with an aerial work platform permit.

(3) The requirements of subrule (1)(a), (b), (c), and (d) of this rule shall be met before an employee is issued a permit.

(4) A permit shall be carried by the operator or be available at the job site/work place and shall be displayed upon request by a department of licensing and regulatory affairs representative.

(5) A permit shall indicate the type of aerial work platforms an operator has been trained on and is qualified to operate.

(6) A permit to operate an aerial work platform is valid only when performing work for the employer who issued the permit. A permit shall be issued for a period of not more than 3 years.

(7) A permit shall contain all of the following information (see sample permit):

(a) Firm name.

(b) Operator’s name.

(c) Name of issuing authority, same as ‘Authorized by.’ (d) The following are types of aerial work platforms the operator is authorized to operate:

(i) Vehicle-mounted elevating work platform such as:

(1) Extensible boom aerial devices.

(2) Aerial ladders.

(3) Articulating boom aerial devices.

(4) Vertical towers.

(ii) Manually propelled elevating work platforms.

(iii) Boom-supported elevating work platforms.

(iv) Self-propelled elevating work platforms.

(e) Date issued.

(f) Expiration date.

(8) The following is a sample permit:

SAMPLE PERMIT

AERIAL WORK PLATFORM PERMIT ___________________________________________________ ________

(Firm Name) ___________________________________________________ ________ (Name)

Type of aerial work platform authorized to operate:

Date Issued Type Authorized by Expiration Date (9) The manufacturer’s operating instructions and safety rules shall be provided and maintained in a legible manner on each unit by the employer.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15817 Preoperational procedures; platform inspections {#sec-r-408.15817 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15817}

Rule 5817. (1) The employer shall ensure before the commencement of operations near power lines and when the clearances cannot be maintained as specified in Tables 1-3, that the owner, owner representative, or utility are notified with all pertinent information about the job.

(2) Any overhead wire shall be considered to be an energized line until the owner of the line, his or her authorized representative, or a utility representative assures either of the following:

(a) The line is de-energized and has been visibly grounded.

(b) The line is insulated for the system voltages and the task will not compromise the insulation of the conductor and/or cause an electrical hazard.

Compiler’s Note: R 408.15817 is not being revised. This rule is included in the proposed rule set to show the correct rule catch line. The current catch line has unnecessary formatting that is being deleted.

CONSTRUCTION, TESTING, AND USE PROVISIONS

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15821 Construction, modification, and remounting {#sec-r-408.15821 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15821}

Rule 5821. (1) Aerial work platforms modified, remounted, designed, constructed, and tested after December 28, 1974, but before the effective date of this rule, shall be in compliance with the requirements of the following applicable American National Standards Institute Standards:

(a) ANSI standard A92.2, “Standard for Vehicle-Mounted Elevating and Rotating Work Platforms,” 1969 edition.

(b) ANSI standard A92.3, "Manually Propelled Elevating Work Platforms", 1990 edition.

(c) ANSI standard A92.5, "Boom-Supported Elevating Work Platforms", 1992 edition.

(d) ANSI standard A92.6, "Self-Propelled Elevating Work Platforms", 1999 edition.

These standards are adopted by reference in R 408.15810.

(2) A permanent label or tag shall be affixed to an aerial work platform modified, remounted, designed, constructed, or tested after March 28, 1975, but before the effective date of these rules, certifying compliance with subrule (1) of this rule.

(3) Aerial work platforms modified, remounted, designed, constructed, and tested, after January 1, 2007, shall be in compliance with the requirements of the following applicable American National Standards Institute Standards:

(a) ANSI standard A92.2, "Vehicle-Mounted Elevating and Rotating Aerial Devices", 2001 edition.

(b) ANSI standard A92.3, "Manually Propelled Elevating Aerial Platforms", 2006 edition.

(c) ANSI standard A92.5, "Boom-Supported Elevating Work Platforms", 2006 edition.

(d) ANSI standard A92.6, "Self-Propelled Elevating Work Platforms", 1999 edition.

These standards are adopted by reference in R 408.15810.

(4) An aerial work platform shall bear a permanent plate stating the designed rating capacity.

(5) An aerial work platform shall be mounted on a vehicle capable of sustaining, or reinforced to sustain, the imposed load. The vehicle shall be a stable support for the aerial device.

(6) The lifting and outrigger system of an aerial work platform shall be equipped with a means, such as, but not limited to, a pilot operated check valve to ensure that the system will not permit the work platform to drop in a free fall in event of a power or hydraulic line failure.

(7) Aerial work platforms shall not be field-modified for uses other than those intended by the manufacturer, unless the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in compliance with the applicable ANSI standard and this rule, and to be at least as safe as the equipment was before modification.

History

• History: 1979 AC; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.15823 Rescinded {#sec-r-408.15823 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15823}

History

• History: 1979 AC; 2008 AACS.

Mich. Admin. Code R 408.15824 Rescinded {#sec-r-408.15824 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15824}

History

• History: 1979 AC; 2008 AACS.

Mich. Admin. Code R 408.15825 Controls {#sec-r-408.15825 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15825}

Rule 5825. (1) All of the following information shall be clearly marked in a permanent manner on each aerial work platform:

(a) Special workings, cautions, or restrictions necessary for operation.

(b) Rated work load.

(c) A clear statement if the aerial work platform is electrically insulated.

(2) Directional controls shall be in compliance with all of the following provisions:

(a) Be of the type that will automatically return to the off or neutral position when released.

(b) Be protected against inadvertent operation.

(c) Be clearly marked as to their intended function.

(3) An overriding control shall be provided in the platform which must be continuously activated for platform directional controls to be operational and which automatically returns to the off position when released.

(4) Articulating, extensible boom platforms, or both, primarily designed as personnel carriers, shall be equipped with both upper and lower controls.

(5) Upper controls shall be located within reach of the operator.

(6) Aerial work platforms shall be equipped with emergency controls at ground level.

(7) Emergency ground level controls shall be clearly marked as to their intended function and be capable of overriding the platform controls.

(8) Attachment points shall be provided for fall protection devices for personnel who occupy the platform on aerial work platforms described in R 408.15802 (a) and (c). See Figures 1 and 3.

Compiler’s Note: R 408.15825 is being revised. In addition, the proposed rule set is correcting the rule catch line. The current catch line has unnecessary formatting that is being deleted.

History

• History: 1979 AC; 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15830 Rescinded {#sec-r-408.15830 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15830}

History

• History: 1988 AACS; rescinded 2008 AACS.

Mich. Admin. Code R 408.15831 Insulated aerial device testing {#sec-r-408.15831 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15831}

Rule 5831. If the aerial work platform is rated and used as an insulated aerial device, an employer shall test the electrical insulating components for compliance with the rating of the aerial work platform in accordance with ANSI standard A92.2 2001 edition “Vehicle-Mounted Elevating and Rotating Aerial Devices,” as adopted in R 408.15810.

Testing shall comply with all of the following provisions:

(a) The test shall be performed not less than annually.

(b) Written, dated, and signed test reports shall be made available by the employer for examination by a department representative.

(c) The insulated portion of an aerial device shall not be altered in any manner that might reduce its insulating value.

Compiler’s Note: R 408.15831 is being revised. In addition, the proposed rule set is correcting the rule catch line. The current catch line has unnecessary formatting that is being deleted.

R 408.15832. Electrical hazards.

Rule 5832. (1) The employer shall ensure that an aerial work platform shall be operated so that the distances from energized power lines and equipment prescribed in Table 1 are maintained, except for the following:

(a) As prescribed in subrule (2) of this rule addressing tree trimming.

(b) As prescribed in subrule (3) of this rule addressing telecommunications.

(c) Where insulating barriers are not a part of or an attachment to the aerial device that has been erected to prevent physical contact with the lines.

(2) A qualified lineman or a qualified line clearance tree trimmer, as prescribed in General Industry Safety Standard Part 53 "Tree Trimming and Removal" as referenced in R 408.15812, shall maintain distances as prescribed in Table 2 when performing work from an aerial work platform on or near an exposed power line unless any of the following conditions exist:

(a) The employee is insulated or guarded from the energized part by gloves or gloves and sleeves, as provided for and prescribed in General Industry Safety and Health Standard Part 33 "Personal Protective Equipment," as referenced in R 408.15812.

(b) The employee is insulated, isolated, or guarded from any other conductive part.

(c) The energized part is insulated from the employee.

(3) A qualified telecommunications employee shall maintain the distances prescribed in Table 3 when working from an aerial lift, unless the employee is insulated, isolated, or guarded from any other conductive part or the energized part is insulated from the employee.

(4) Employees shall use insulated bucket, gloves, and sleeves that are rated at more than the voltage to be worked on or that with which they might come into contact, to comply with subrules (2) and (3) of this rule.

(5) The clearances, as prescribed in Tables 1-3, do not apply when the owner of the line or his or her authorized representative, or a utility representative assures that the conductor is insulated for the system voltages and the task will not compromise the insulation of the conductor and/or cause an electrical hazard.

(6) Tables 1, 2, and 3 read as follows:

Table 1 Minimum Clearance Distances for Equipment Voltage Clearance With Boom Raised Clearance Boom Lowered and No Load in Transit To 50 kV 10 feet 4 feet Over 50 kV 10 feet + .4 inch per each 1 kV over 50 kV 10 feet 50 to 345 kV -- 10 feet 346 to 750 kV -- 15 feet Table 2 Minimum Working Distances for Qualified Line-Clearance Tree Trimmers and Qualified Linemen Voltage Range Phase to Phase (kilovolts)

Minimum Working Distance 2.1 to 15.0 2 feet 0 inches (61 cm) 15.1 to 35.0 2 feet 4 inches (71 cm) 35.1 to 46.0 2 feet 6 inches (76 cm) 46.1 to 72.5 3 feet 0 inches (91 cm) 72.6 to 121.0 3 feet 4 inches (102 cm) 138.0 to 145.0 3 feet 6 inches (107 cm) 161.0 to 169.0 3 feet 8 inches (112 cm) 230.0 to 242.0 5 feet 0 inches (152 cm) 345.0 to 362.0 *7 feet 0 inches (213 cm) 550.0 to 552.0 *11 feet 0 inches (335 cm 700.0 to 765.0 *15 feet 0 inches (457 cm) *Note: For 345-362 kV., 500-552 kV., and 700-765 kV., the minimum working distance and the minimum clear hot stick distance may be reduced that such distances are not less than the shortest distance between the energized part and a grounded surface.

Table 3 Minimum Approach Distances for Qualified Telecommunications Employees Voltage Range (Nominal Phase to Phase)

Minimum Approach Distances 300 V and less 1 foot - 0 inches (30.5 cm)

Over 300 V, not over 750 V 1 foot - 6 inches (46 cm)

Over 750 V, not over 2 kV 2 feet - 0 inches (61 cm Over 2 kV, not over 15 kV 3 feet - 0 inches (91 cm)

Over 15 kV, not over 37 kV 3 feet – 6 inches (107 cm)

Over 37 kV, not over 87.5 kV 4 feet – 0 inches (122 cm)

Over 87.5 kV, not over 121 kV 4 feet – 6 inches (137 cm)

Over 121 kV, not over 140 kV --

History

• History: 1988 AACS; 2008 AACS; 2013 AACS; 2018 AACS.
• History: 1979 AC; 1983 AACS; 1988 AACS; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 408.15833 Vehicles; traffic control {#sec-r-408.15833 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15833}

Rule 5833. (1) Before moving a vehicle supporting an aerial ladder for highway travel, employees shall secure ladders in the lower position, and shall use the manually operated device at the base of the ladder, or other effective means to prevent elevation or rotation of the ladder.

(2) Before moving a vehicle supporting an aerial lift for travel, employees shall inspect the boom to ensure that it is properly cradled and the outriggers are in the stowed position, except as provided in subrule (3) of this rule.

(3) When a boom is elevated with employees in working position, the vehicle supporting an aerial device shall not be moved unless the equipment is specifically designed for this type of operation and meets the requirements of R 408.15821.

(4) An employer shall ensure that operators of an aerial work platform over or adjacent to any public or private roadway maintain adequate clearances of all portions of the aerial work platform to prevent being struck by vehicular traffic.

(5) When aerial work platforms are in use, all traffic control requirements shall be in compliance with Part 6 of the 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD), as adopted in R 408.15810, and Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.15812.

Compiler’s Note: R 408.15833 is being revised. In addition, the proposed rule set is correcting the rule catch line. The current catch line has unnecessary formatting that is being deleted.

History

• History: 1979 AC; 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15836 Fall protection {#sec-r-408.15836 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15836}

Rule 5836. (1) An employer shall ensure that a personal fall arrest or travel restraint system that meets the requirements in General Industry Safety and Health Standard Part 33 "Personal Protective Equipment," as referenced in R 408.15812, shall be worn and attached to the boom or basket when working from an aerial lift.

(2) Any occupant of an aerial work platform described in R 408.15802(a) and (c) and Figures 1 and 3 shall use a personal fall arrest system. A personal fall arrest system shall only be used where the aerial lift is designed to withstand the vertical and lateral loads caused by an arrested fall.

(3) An employee may use a body support with a lanyard, or other means of connection, and the anchorage connector and anchorage arranged so that the employee is not exposed to any fall distance. An employee is required to use a travel restraint system where the aerial lift cannot withstand the vertical and lateral loads imposed by an arrested fall.

(4) An employee shall be prohibited from belting off to an adjacent pole, structure, or equipment while working from an aerial work platform.

(5) An employer shall not allow employees to exit an elevated aerial work platform, except where elevated work areas are inaccessible or hazardous to reach. Employees may exit the platform with the knowledge and consent of the employer. When employees exit to unguarded work areas, fall protection shall be provided and used as prescribed in General Industry Safety and Health Standard Part 33 "Personal Protective Equipment," as referenced in R 408.15812.

Compiler’s Note: R 408.15836 is being revised. In addition, the proposed rule set is correcting the rule catch line. The current catch line has unnecessary formatting that is being deleted.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15839 Operating procedures {#sec-r-408.15839 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15839}

Rule 5839. (1) The aerial work platform shall be used only in accordance with the manufacturers or owners operating instructions and safety rules.

(2) The designed rated capacity for a given angle of elevation shall not be exceeded.

(3) The guardrail system of the platform shall not be used to support any of the following:

(a) Materials.

(b) Other work platforms.

(c) Employees.

(4) Employees shall maintain firm footing on the platform while working on the platform. The use of railings, planks, ladders, or any other devices on the platform for achieving additional height is prohibited.

(5) Only aerial work platforms that are equipped with a manufacturer’s installed platform controls for horizontal movement shall be moved while in the elevated position.

(6) Before and during driving while elevated, an operator of a platform shall do both of the following:

(a) Look in the direction of, and keep a clear view of, the path of travel and make sure that the path is firm and level.

(b) Maintain a safe distance from all of the following:

(i) Obstacles.

(ii) Debris.

(iii) Drop-offs.

(iv) Holes.

(v) Depressions.

(vi) Ramps.

(vii) Overhead obstructions.

(viii) Overhead electrical lines.

(ix) Other hazards to safe elevated travel.

(7) Outriggers or stabilizers, when provided, are to be used in accordance with the manufacturer’s instruction. Brakes shall be set and outriggers and stabilizers shall be positioned on pads or a solid surface.

(8) Aerial work platforms shall be elevated only when on a firm and level surface or within the slope limits allowed by the manufacturer’s instructions.

(9) A vehicle-mounted aerial work platform, see Figure 1, shall have its brakes set before elevating the platform.

(10) A vehicle-mounted aerial work platform, see Figure 1, shall have wheel chocks installed before using the unit on an incline.

(11) Climbers shall not be worn while working from an aerial device unless gaff guards are provided.

(12) Platform gates shall be closed while the platform is in an elevated position.

(13) Altering, modifying, or disabling safety devices or interlocks is prohibited.

(14) Stunt driving and horseplay are prohibited.

Compiler’s Note: R 408.15839 is being revised. In addition, the proposed rule set is correcting the rule catch line. The current catch line has unnecessary formatting that is being deleted.

History

• History: 2008 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.15842 Figures {#sec-r-408.15842 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15842}

Rule 5840. Figures 1, 2, 3, and 4 are as follows:

Figure 1 Vehicle-Mounted Elevating Work Platform Figure 2 Manually Propelled Elevating Work Platform Figure 3 Boom-Supported Elevating Work Platform Figure 4 Self-Propelled Elevating Work Platform

History

• History: 2008 AACS; 2018 AACS.

R 408.15901 to R 408.15931 Part 59. Helicopters

Mich. Admin. Code R 408.15901 Scope {#sec-r-408.15901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 59. HELICOPTERS

Rule 5901. This part provides for the safe use and maintenance of helicopters in general industry, such as in aerial photography, aerial survey, fire fighting, rescue operations, transportation of personnel to elevated job sites, and delivery of injured persons and emergency supplies.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15903 MIOSHA referenced standard {#sec-r-408.15903 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15903}

Rule 5903. The Michigan occupational safety and health (MIOSHA) standard General Industry Safety Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.15911 Rescinded {#sec-r-408.15911 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15911}

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.15914 Briefings; visibility; fires; energized lines or equipment {#sec-r-408.15914 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15914}

Rule 5914. (1) Briefing shall be conducted prior to each day's operation and shall set forth the plan of operation for the pilot in command and ground employees.

(2) The employer shall insure that, when visibility is reduced by dust or other conditions, ground employees are instructed to exercise special caution to keep clear of the main and stabilizing rotors. The employer shall also eliminate, as far as practical, the dust or other conditions reducing the visibility.

(3) Open fires shall not be permitted in areas where they may be spread by the rotor downwash.

(4) A helicopter, or any part of a helicopter, shall maintain the clearances prescribed in table 1 from any energized line or equipment, unless the owner or operator of the line assures that the line is deenergized and visibly grounded.

TABLE 1

Voltage Clearance 50 kilovolts or less 15 feet More than 50 kilovolts 15 feet plus .4 inch per each kilovolt over 50 kilovolts

History

• History: 1954 ACS 88, Eff. July 16, 1976; 1979 AC.

Mich. Admin. Code R 408.15915 Personal protective equipment; loose clothing {#sec-r-408.15915 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15915}

Rule 5915. (1) Except during an emergency operation, eye protection, as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15903, shall be provided and used by a ground crew employee while working on an operation covered by these rules when there is exposure to rotor wash.

(2) Except during an emergency operation, head protection shall be provided and used as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.15903, and shall be secured by a chin strap by a ground crew employee working on an operation covered by this part when lifting or landing a load.

(3) Loose fitting clothing likely to flap in rotor downwash, and thus be snagged on the hoist line, shall not be worn.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.15916 Housekeeping; loose gear {#sec-r-408.15916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15916}

Rule 5916. (1) Good housekeeping shall be maintained in the helicopter loading and unloading area. The area shall be kept free of recognized hazards.

(2) The employer shall take all necessary precautions to protect employees from flying objects in the rotor downwash. All loose gear within 100 feet of the place of lifting or depositing the load, or within an area susceptible to rotor downwash, shall be secured or removed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15921 Approaching craft by employees {#sec-r-408.15921 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15921}

Rule 5921. (1) An employee shall not be permitted to approach within 50 feet of the helicopter when the rotor blades are turning, unless the work duties of the employee require the presence of the employee within that area.

(2) The employer shall instruct employees and shall ensure that, whenever approaching or leaving a helicopter which has its blades rotating, all employees shall remain in full view of the pilot and keep in a crouched position. An employee shall not be permitted to work in the area from the cockpit or cabin rearward while blades are rotating, unless authorized by the helicopter operator.

(3) An employee shall not be permitted to perform work under hovering craft except when necessary to hook or unhook a load. A safe means of access shall be provided for an employee to reach the hoist line hook and engage or disengage a cargo sling while under the hovering craft.

History

• History: 1979 AC.

Mich. Admin. Code R 408.15922 Providing and training ground employees; checking size, weight, and connection of load; tag line, pressed sleeve, hoist wire, or other gear; static charge; rated capacity of load line {#sec-r-408.15922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15922}

Rule 5922. (1) Ground employees shall be provided, and they shall be properly trained to ensure that helicopter loading and unloading operations can be performed safely.

(2) The size and weight of loads, and the manner in which loads are connected to the helicopter, shall be checked by the pilot in command. A lift shall not be made if the helicopter pilot in command determines that the lift cannot be made safely.

(3) A load shall be properly slung. A tag line shall be of a length that does not permit it being drawn up into the rotors. A pressed sleeve, swedged eye, or equivalent means shall be used for a freely suspended load to prevent a hand splice from spinning open or a cable clamp from loosening.

(4) A hoist wire or other gear, except for a pulling line or conductor that is allowed to "pay out" from a container or roll off a reel, shall not be attached to any fixed ground structure or allowed to foul on any fixed structure.

(5) The static charge on the suspended load shall be dissipated with a grounding device before ground personnel touch the suspended load, unless protective rubber gloves are being worn when touching the load.

(6) A load line shall have a working load rating of not less than the rated capacity of the helicopter.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.15923 Cargo hooks {#sec-r-408.15923 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15923}

Rule 5923. (1) An electrically operated cargo hook shall have the electrical activating device so designed and installed as to prevent inadvertent operation.

(2) A cargo hook shall be equipped with an emergency mechanical control for releasing the load.

(3) The employer shall ensure that a hook is tested prior to operation each day by a competent person to determine that the electrical and mechanical releases function properly.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 408.15931 Communication between pilot and signalman; signal systems {#sec-r-408.15931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.15931}

Rule 5931. (1) There shall be constant, reliable communication between the pilot and a designated employee of the ground crew who acts as a signalman during the period of loading and unloading. The signalman shall be clearly distinguishable from other ground employees.

(2) The employer shall instruct the aircrew and ground employees on the signal systems to be used, and shall review the system with the employees in advance of hoisting the load. This applies to both radio and hand signal systems. Hand signals, where used, shall be as shown in figure 1.

Figure for 408.15931

History

• History: 1979 AC.

R 408.16201 to R 408.16251 Part 62. Plastic Molding

Mich. Admin. Code R 408.16201 Scope {#sec-r-408.16201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 62. PLASTIC MOLDING

Rule 6201. (1) This part sets forth safe practices for employees and safeguards for all machinery and equipment used in the following areas of plastics processing:

(a) Blow molding.

(b) Foam molding.

(c) Compression and transfer molding.

(d) Injection molding.

(e) Extrusion.

(f) Expansion molding.

(g) Rotational molding.

(h) Vacuum molding.

(i) Sealing.

(j) Heating.

(k) Granulating.

(l) Welding.

(2) The process of blister, skin, or shrink packaging is not subject to the requirements of these rules.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16202 Referenced standards {#sec-r-408.16202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16202}

Rule 6202. The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 85. “The Control of Hazardous Energy Sources,” R 408.18501 to R 408.18599.

History

• History: 2015 AACS; 2019 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16204 Definitions; B to E {#sec-r-408.16204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16204}

Rule 6204. (1) "Blow molding machine" means a plasticizer and a clamping unit that work in conjunction with each other so that the plasticizer produces molten plastic which is blown by air, gas, or liquid and the clamping unit performs the manufacture of hollow products.

(2) "Compression molding machine" means a machine that uses temperature-controlled molds for pressing plastic material into the shape of a mold cavity.

(3) "Device" means a machine control that is designed and installed to perform either of the following functions:

(a) Prevent normal machine operation if the operator's hands are within the point of operation.

(b) Require the concurrent use of both hands of the operator to actuate the machine.

(4) "Dielectric sealing" means a process for bonding plastic films using highfrequency energy.

(5) "Expansion molding" means to make plastic shapes by expanding polystyrene beads with a heating medium within a mold.

(6) "Extrusion machine" means a plasticizer which is mounted on a base and which takes raw plastic material, changes it into a molten state, and extrudes it through a die into a predetermined shape.

History

• History: 1979 AC; 1992 AACS; 2015 AACS.

Mich. Admin. Code R 408.16205 Definitions; H, I {#sec-r-408.16205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16205}

Rule 6205. (1) "Heat sealing" means the joining of plastic by simultaneous application of heat and pressure to the area of contact.

(2) "Hot plate welding" means the joining of plastic by preheating followed by application of pressure to the plastic pieces.

(3) "Hot-wire cutter" means a machine using electrically resistant wire for heating, spaced at intervals to cut expanded plastic blocks into predetermined sizes.

(4) "Injection molding machine" means a machine using a plasticizer to force a charge of processed plastic material into a closed mold, which produces a molded part.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16206 Definitions; M to Q {#sec-r-408.16206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16206}

Rule 6206. (1) "Matched metal molding" means a method of molding reinforced plastics between 2 close-fitting metal molds mounted in a power press.

(2) "Nip point" means a point at which it is possible to be caught between 2 or more shafts or rolls that rotate parallel to each other in opposite directions.

(3) "Operator" means any employee who is assigned to operate or anyone who comes around plastic processing equipment and who is exposed to the point of operation.

(4) "Pinch point" means a point at which it is possible for an employee to be caught between moving parts of a machine or between moving and stationary parts of a machine.

(5) "Plastic scrap granulator" means a machine that has rotating knives which cut plastic articles into particles.

(6) "Point of operation" means the area of a machine where material is actually worked.

(7) "Qualified person" means one who, by knowledge, training, and experience, has successfully demonstrated, to the employer, his or her ability to solve or resolve problems relating to the subject matter, the work, or the project.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16207 Definitions; R, S {#sec-r-408.16207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16207}

Rule 6207. (1) "Rotational molding" means a method of making hollow articles by charging a hollow rotating mold with a plastic material. After the heated material covers all surfaces of the mold it is cooled and stripped out.

(2) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(3) “Safety gate” means a moveable, interlocked guard allowing the operator access to the point of operation to perform production related tasks.

(4) "Ship-lap machine" means a powered machine equipped with feed rolls and milling cutters for the purpose of cutting grooves in the edge of expanded sheet material.

(5) "Spin welding" means a method of fusing 2 objects together by spinning 1 or both until frictional heat melts the interface. The spinning is then stopped and pressure applied to both objects.

History

• History: 1979 AC; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16208 Definitions; T to V {#sec-r-408.16208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16208}

Rule 6208. (1) "Transfer molding machine," also known as a plunger molding machine, means an auxiliary chamber used to heat plastic to a hot state before transferring it into a closed mold of a compression molding machine.

(2) "Transfer printer" means a machine with rolls which imprints a pattern on material run between the rolls.

(3) "Two-hand controls" means an actuating device with an anti-tie down, antirepeat feature that requires the concurrent use of both hands of an operator to actuate a machine.

(4) "Ultrasonic welding" means to seal plastic by application of vibratory mechanical pressure which creates localized heat to melt the plastic surfaces which effects the seal.

(5) "Vacuum forming," also known as thermo forming, means forming of pliable sheet plastic into shapes by use of molds and atmospheric or mechanical pressure.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16211 Employer responsibilities {#sec-r-408.16211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16211}

Rule 6211. (1) An employer shall provide training to an employee regarding the operating procedures, hazards, and safeguards of any assigned job.

(2) An employer shall not allow a machine to be operated if the machine is not guarded as prescribed by this part or has a known defect that could affect the safety of an employee.

(3) An employer shall ensure that all safety devices are checked and found to be functional and properly adjusted.

History

• History: 1979 AC; 2013 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16212 Employee responsibilities {#sec-r-408.16212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16212}

Rule 6212. (1) An employee shall not operate a machine until he has been trained in its operating procedures, hazards and safeguards and has been authorized to do so.

(2) An employee shall report to his supervisor a machine or safeguard which is defective.

(3) A guard removed for inspection, maintenance, die setting or mold setting shall be replaced before a machine is released for production.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16215 Illumination {#sec-r-408.16215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16215}

Rule 6215. Illumination of not less than 25 footcandles shall be provided at an operator's work station.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16216 Aisles and work areas {#sec-r-408.16216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16216}

Rule 6216. An aisle or work area shall be kept free of protruding objects, holes, loose boards, oil and water spillage which create a tripping and slipping hazard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16217 Rescinded {#sec-r-408.16217 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16217}

EQUIPMENT INSTALLATION AND MAINTENANCE

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.16221 Machine installation {#sec-r-408.16221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16221}

Rule 6221. (1) An electrically powered machine shall be grounded.

(2) A machine installed on a bench, table or stand shall be designed or secured to prevent unintentional movement or tipping.

(3) A machine shall be so located that there will be space for the employee to handle the material and operate the machine with no interference to or from another employee or machine.

(4) A machine shall be so located that it will not be necessary for an operator to stand in an aisle.

(5) A powered gate shall have the leading edge equipped with a return switch and circuit so designed that the gate will retract and not cause an injury if an employee is struck by it.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16222 Devices, guards, and protective equipment {#sec-r-408.16222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16222}

Rule 6222. (1) An electrical connection to a heated portion of a ram or screw cylinder shall be covered with a nonconducting guard or a grounded metal barrier to prevent contact with live terminals during normal operation of the machine.

(2) An exposed heated surface which could cause an injury shall be covered or guarded to prevent contact by an employee. This subrule does not apply to an area that requires accessibility, such as the adapter or grate on an extrusion machine.

(3) A machine that uses a blade or knife to cut plastic materials shall be guarded by a barrier, by position, or by a device to prevent contact between the operator and the machine.

History

• History: 1979 AC; 1983 AACS; 1992 AACS; 2013 AACS.

Mich. Admin. Code R 408.16223 Rescinded {#sec-r-408.16223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16223}

History

• History: 1979 AC; 1992 AACS; 2015 AACS; 2019 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16224 Hydraulic and pneumatic systems; safety factors {#sec-r-408.16224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16224}

Rule 6224. Flexible and rigid hydraulic and pneumatic piping and its component parts shall be designed and constructed with a safety factor of not less than 4.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16225 Point of operation devices {#sec-r-408.16225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16225}

Rule 6225. (1) Either of the following point of operation devices shall protect an operator:

(a) A device that prevents or stops, or both, the normal machine function if the operator's hands are within the point of operation.

(b) A device that requires the application of both of the operator's hands to the machine operating controls until a point is reached in the cycle where the operator cannot remove a hand and place it within a pinch point or point of operation. Sweep guards are not acceptable as a device to protect the operator.

(2) If a presence-sensing point of operation device is used, it shall protect the operator as provided in subrule (1)(a) of this rule and shall be interlocked into the control circuit to prevent or stop motion if the operator's hand or other part of his or her body is within the sensing field of the device during the closing cycle of the machine. The device shall not be used to initiate operation of the machine and shall be in compliance with all of the following provisions:

(a) The device shall be constructed so that a failure within the device initiates a stopping action and prevents the initiation of a successive cycle until the failure is corrected. The failure shall be indicated by the system.

(b) The distance from the sensing field to the point of operation shall be such so as to permit the mold or die to close or stop before the employee can reach into the point of operation with any body part.

(c) Safety guards shall be used to protect an employee from all hazardous motion which is not protected by the presence-sensing device.

The protection function of a presence-sensing point of operation device may be bypassed for the purposes of parts ejection, circuit checking, and feeding as the mold or die opens if the operator is not exposed to hazardous motion.

History

• History: 1992 AACS.

Mich. Admin. Code R 408.16226 Controls {#sec-r-408.16226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16226}

Rule 6226. (1) An operating control shall be guarded against accidental contact. A control button or lever shall be identified as to its function.

(2) If a machine requires more than 1 operator, and if each operator is exposed to a point of operation, the controls shall be activated concurrently before the machine will operate.

(3) A machine shall be provided with an emergency stop control at each operator station. The stop control shall be red in color and readily accessible. A button, if used, shall have a mushroom shape.

(4) A machine shall be provided with a means that, upon power failure, will prevent automatic restarting upon the restoration of power. Fire, coolant, and sump pumps are excepted from the requirements of this subrule.

(5) When used, interlocks shall be installed to minimize the possibility of accidental operation or tampering.

(6) Where more than 1 operator is assigned to a plastic molding machine that is not equipped with interlocked gates and the operator is exposed to a point of operation, or when hazardous motion in or near the point of operation could cause injury, each operator shall be provided with a device that prevents reaching into the point of operation during the closing cycle.

(7) Two-hand control devices shall be located in a manner to prevent bridging.

History

• History: 1979 AC; 1992 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16227 Rescinded {#sec-r-408.16227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16227}

SPECIFIC EQUIPMENT

History

• History: 1979 AC; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16231 Blow molding {#sec-r-408.16231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16231}

Rule 6231. (1) A blow molding machine shall be equipped with a safety gate that is designed and constructed to prevent an employee from reaching into the point of operation when the gate is in a closed position.

(2) A safety gate shall activate, at its final closing, at least 1 electrical control which shall be part of the electrical mold-closing circuit. Opening or removing the gate shall prevent further closing of the mold.

(3) A safety gate shall also be directly interlocked with a hydraulic or pneumatic valve that controls mold closing or have a mechanical means which will prevent movement of the machine with the gate open or removed.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16232 Compression, transfer, and matched metal molding machinery {#sec-r-408.16232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16232}

Rule 6232. (1) A compression, transfer, or matched metal molding machine shall be equipped with either of the following:

(a) A moving gate guard that covers the front opening to the point of operation. An electric interlock on the moving gate guard shall be arranged to prevent the machine from closing until the moving gate guard has covered the opening. When the moving gate guard is opened, the machine shall stop or reverse.

(b) A device as prescribed by the provisions of R 408.16225.

(2) The point of operation for a machine that does not require access for an operator shall be guarded by an interlocked removable barrier or a fixed barrier. The toggles on such a machine shall also be enclosed by an interlocked removable or fixed barrier to prevent inadvertent contact by an employee.

(3) Two 2-hand control devices shall be provided and used when operating a transfer molding machine. One set shall close the mold and then the other set shall actuate the transfer plunger. Where the entrance to the plunger is guarded by an interlocked gate, 1 such control device is acceptable.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16233 Extrusion machinery and equipment {#sec-r-408.16233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16233}

Rule 6233. (1) An extrusion machine and floor model controller panel shall be secured to prevent tipping.

(2) When running production, the in-running nip points on a take-off machine pulling extrusions, except sheets, from the extruder shall be guarded by a barrier adjusted to within 1/4 inch of the material.

(3) When running production, sheet and film extrusion machinery shall be guarded by a barrier or enclosure at all in-running pinch points exposed to contact.

(4) An extrusion machine having an open feed screw shall have the feed screw covered by an interlocked gate or cover to prevent the operator from being caught in the point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16234 Injection molding machinery {#sec-r-408.16234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16234}

Rule 6234. (1) An injection molding machine, except for one with a movable table that is subject to the provisions of subrule (4) of this rule, shall be equipped with a safety gate or guard that is designed and constructed to prevent an employee from reaching into the point of operation, except when the gate is open.

(2) A horizontal injection molding machine shall have the safety gate interlocked to stop or prevent mold-closing by any 2 of the following:

(a) An electrical mold-closing control.

(b) Hydraulic or pneumatic valves that control mold closing.

(c) A mechanical device that prevents mold closing.

(d) A second electrical mold closing control (all electrical horizontal injection molding machines).

(3) A vertical clamp injection molding machine shall have a mechanical restraint device to prevent unintentional gravity descent of the mold, and shall have the safety gate interlocked to stop or prevent mold-closing by any 2 of the following:

(a) An electrical mold closing control.

(b) Hydraulic or pneumatic valves that control mold closing.

(c) A second electrical mold closing control (all electrical vertical injection molding machines).

(4) An injection molding machine that uses a movable table to hold the lower mold shall be provided with a guard or device that is designed and constructed to deny an operator access to the point of operation during machine cycle.

(5) An injection molding machine shall be equipped with a fixed or an interlocked movable or removable guard, or other device that is designed and constructed to prevent an employee from reaching into the clamping mechanism.

(6) When purging an injection molding machine, an employee shall be protected from the purging splatter by a shield that is fixed, portable, or worn on the employee. The same shielding shall be used when servicing a heated runner manifold nozzle.

(7) An injection molding machine that uses an extruding machine that has an exposed feed screw shall have the screw guarded as prescribed by R 408.16233(4).

(8) Employers engaged in mold changes on injection molding machines shall comply with General Industry Safety Standard Part 85. “The Control of Hazardous Energy Sources,” (Lockout/Tagout), as referenced in R 408.16202.

History

• History: 1979 AC; 1992 AACS; 1998-2000 AACS; 2015 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

Mich. Admin. Code R 408.16235 Expansion molding {#sec-r-408.16235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16235}

Rule 6235. (1) A shiplap machine shall have the milling cutters guarded or enclosed at the point of operation to prevent contact with the operator's fingers. A barrier shall be provided in front of the in-running nip points of the feed rollers to within 3/8 of an inch of the material.

(2) A multiple hot-wire cutter shall have a manual control for setup use only. Any control for the automatic cycle shall be interlocked with the carriage so that the hotwire cutter is activated before the carriage moves and is shut off when the carriage stops.

(3) A multiple hot-wire cutter shall be equipped on both sides of the moving portion of the machine with a barrier that is designed to prevent an employee from reaching the hot wires.

(4) An expansion block mold shall have reinforcements necessary to contain the force of the expanding plastic particles. Locking mechanisms shall not be more than 24 inches apart.

(5) A custom expansion block machine shall protect the operator by means of an interlocked gate across the mold parting line or by a device as prescribed by the provisions of R 408.16225. When the gate is opened or removed, the machine shall cease to function until the gate is closed.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16236 Vacuum and thermoforming {#sec-r-408.16236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16236}

Rule 6236. (1) An in-line automatic vacuum forming or trim press that is used to form or die cut vacuum-formed pieces shall have the point of operation and all moving parts guarded that would otherwise be exposed to contact.

(2) A trim machine that uses a moving roll to supply pressure to the top die shall be provided with devices that are designed to keep both hands of the operator from the point of operation when the die closes.

(3) Toggles on an automatic vacuum or thermoforming press shall be guarded by a barrier to prevent access to the pinch point.

(4) A rotary vacuum forming machine shall be equipped with a 2-hand control device that is located and timed as prescribed by the provisions of R 408.16225(1)(b) and R 408.16226(7).

(5) Where a hazard exists due to movement or heating, the area below the level of the lower mold on a vacuum forming machine shall be guarded.

(6) An indexing machine shall be equipped with a stop control, such as a paddle switch, that is interlocked to stop the indexing operation. The stop control shall be located ahead of the first point of operation or pinch point beyond the work station.

History

• History: 1979 AC; 1992 AACS; 2013 AACS.

Mich. Admin. Code R 408.16237 Rotational molding {#sec-r-408.16237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16237}

Rule 6237. (1) A pinch point created where the revolving drive wheel of a rotational molding machine meets the driving surface must be guarded.

(2) The perimeter of the path of travel of the rotating molds must be guarded in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.16202. Access into the area must be by a gate or door.

If the gate or door is interlocked to the power source, the guarding required in subrule (1) of this rule need not be installed. The interlocked gate or door on the standard barrier must not be used as an operating control.

(3) A rotational molding machine that has each movement of the mold manually controlled by an operator may substitute a yellow line 4 inches wide for a standard barrier around the perimeter of the path of travel of the rotating molds, except the perimeter between the heating and cooling chambers. However, movement of the molds must be preceded by automatic activation of a warning device, such as a flashing light, bell, horn, or siren for 5 seconds before the movement.

(4) The operating controls for a manually operated machine must be so located that the operator cannot reach into the path of or be struck by the moving mold.

History

• History: 1979 AC; 2015 AACS; 2019 AACS.

Mich. Admin. Code R 408.16241 Guillotine cutter {#sec-r-408.16241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16241}

Rule 6241. A guillotine plastic cutter shall have the cutter blade guarded on each side by a barrier constructed in such a manner to prevent contact with the cutter by the operator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16242 Hopper filling methods {#sec-r-408.16242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16242}

Rule 6242. The method used to fill a hopper more than 5 feet above a floor or platform of a plasticizer shall be 1 of the following:

(a) A barrel dumper that is used with a hoist.

(b) A barrel dumper or an enclosed platform on a powered industrial truck.

(c) A portable stair that has handrails and wheel locks.

(d) A platform that is located not more than 5 feet below the hopper opening.

(e) An automatic feed system.

(f) Another method that does not expose the employee to a hazard.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16243 Processing plastic {#sec-r-408.16243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16243}

Rule 6243. (1) A heat-sealing machine shall be equipped with a device as prescribed by the provisions of R 408.16225.

(2) A punch press that is used for die cutting plastic shall be guarded as prescribed by the provisions of R 408.16236(2).

(3) A printing press that is used for die cutting shall be equipped with an effective device which restricts or removes the operator's hands from the point of operation at each closing.

(4) A machine that uses rotary cutters to cut and shape plastic shall have the point of operation enclosed.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16244 Transfer printer, crush and embossing rolls {#sec-r-408.16244 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16244}

Rule 6244. The in-running rolls of a transfer printer, crush or embossing roll shall be guarded by a barrier which will prevent an operator from being caught in the nip point.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16245 Hot plate, spin, and ultrasonic welding machines; guards {#sec-r-408.16245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16245}

Rule 6245. (1) The point of operation on a hot plate, spin, or ultrasonic welding machine shall be guarded with either of the following:

(a) A movable interlocked gate or fixed barrier that is designed and constructed to prevent an employee from reaching into the point of operation, except when the gate is open.

(b) A device as prescribed by the provisions of R 408.16225.

(2) Moving parts of a hot plate, spin, or ultrasonic machine which create a pinch point shall be guarded as prescribed by the provisions of subrule (1)(a) of this rule.

(3) The heated plates of a hot plate welding machine shall be guarded against accidental contact when in a retracted position.

(4) A fixed barrier of solid material shall be installed on a spin welding machine if any of the following conditions exist:

(a) A rotating chuck continues to spin when in the retracted position.

(b) Flash is projected and the machine is guarded by a device.

(c) Fixed orientation is accomplished by an indexing mechanism.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16246 Dielectric sealing {#sec-r-408.16246 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16246}

Rule 6246. (1) An electrical power pack or oscillator cabinet shall have the access doors interlocked in a manner which will cut the power when the doors are opened and shall have a mechanical shorting bar which will automatically ground out the residual energy.

(2) An employee shall be protected by an interlocked and grounded shield that is constructed to block the direct passage of the stray currents moving out of the intended path.

(3) The point of operation shall also be guarded as prescribed by the provisions of R 408.16245(1). The movable or fixed barrier and the shield required in subrule (2) of this rule may be the same if it accomplishes both purposes.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 408.16247 Plastic scrap granulators {#sec-r-408.16247 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16247}

Rule 6247. (1) The opening of a hopper of a plastic scrap granulator shall be of such distance from the cutting knives that the fingers of an employee cannot make contact. A baffle gate shall be installed at the feed entrance of a hopper so that the opening is normally closed except for charging with scrap.

(2) An access opening for maintenance, cleaning or inspection shall be covered with a solid plate, secured by a fastener which requires the use of a tool to unfasten it.

(3) Before a hopper is removed, a plastic scrap granulator shall have the power source disconnected and locked out.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16251 Rescinded {#sec-r-408.16251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16251}

History

• History: 1979 AC; 1992 AACS; 2015 AACS; 2021 MR 6, Eff. Mar. 26, 2021.

R 408.16301 to R 408.16392 Part 63. Pulp, Paper, and Paperboard Mills

Mich. Admin. Code R 408.16301 Scope {#sec-r-408.16301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16301}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 63. PULP, PAPER, AND PAPERBOARD MILLS

GENERAL PROVISIONS

Rule 6301. (1) This standard sets forth rules to protect the life, limb, and health of the employee in, about, or around places of employment where pulp, paper, and paperboard are manufactured and converted.

(2) These rules apply to establishments where pulp, paper, and paperboard are manufactured and converted. These rules do not apply to logging and the transportation of logs to pulp, paper, and paperboard mills (3) Respiratory protection shall be in compliance with Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.16302.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16302 Adopted and referenced standards {#sec-r-408.16302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16302}

Rule 6302. (1) This standard is adopted in these rules, National Fire Protection Association NFPA 91 “Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying,” 1961 edition. This standard is available from NFPA, 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, telephone number: 1-617-770-3000 or via the internet at website: www.nfpa.org; at a cost as of the time of adoption of these rules of $27.00.

(2) The following standards are adopted in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American National Standard Institute (ANSI) Standard Z9.1 “Open Surface Tanks-Ventilation and Operations,” 1951 edition. Cost: $20.00.

(b) ANSI Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition. Cost $32.00.

(c) American Society of Mechanical Engineers(ASME) Boiler and Pressure Vessel Code, Section VIII, “Unfired Pressure Vessels,” 1989 edition with addenda. Cost: $514.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 7 “Guards for Power Transmission,”

R 408.17201 to R 408.10765.

(c) General Industry Safety Standard Part 23 “Hydraulic Power Presses,”

R 408.12301 to R 408.12373.

(d) General Industry Safety and Health Standard Part 27 “Woodworking Machinery,” R 408.12701 to R 408.12799.

(e) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) General Industry Safety and Health Standard Part 52 “Sawmills,” R 408.15201 to R 408.15284.

(g) Occupational Health Standard Part 301 “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(h) Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(i) Occupational Health Standard Part 451 “Respiratory Protection,” R 325.60051 to R 325.60052.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16303 Definitions; A, B {#sec-r-408.16303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16303}

Rule 6303. (1) "Aisle" means a path of travel for employees and material handling equipment.

(2) "Barker" means a machine which removes the bark from a log.

(3) "Beater" means a vessel used for blending pulp and additives and preparing the pulp for paper making.

(4) "Blow pit" means a vessel used to receive pulp from a digester.

(5) "Boom crane" means a machine with a rotating superstructure, operating machinery and boom mounted on a base, usually self-propelled, and used to lift, lower and swing loads.

(6) "Broke" means recoverable paper.

(7) "Broke hole" means an opening in a floor into which paper scrap is discharged.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16304 Definitions; C to E {#sec-r-408.16304 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16304}

Rule 6304. (1) "Calender" means a machine having an assembly of rolls for producing a desired finish on paper.

(2) "Chipper" means a machine which cuts wood into chips of predetermined size.

(3) "Chock" means a wedge or block of such design and construction to hold an object in place and to prevent movement.

(4) "Core notcher" means a machine used to punch notches in ends of paper or metal cores.

(5) "Cutter" means a machine used to cut rags and paper to small pieces.

(6) "Digester" means a pressure vessel used to treat pulpwood, rags, straw or other cellulosic materials with chemicals or steam to produce pulp.

(7) "Embosser" means a machine that applies a pattern to a sheet of paper by running it between engraved rolls.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16305 Definitions; F to N {#sec-r-408.16305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16305}

Rule 6305. (1) "Flammable" means to ignite easily and rapidly burn.

(2) "Foot protection" means protective equipment, such as a metal or plastic toe cap or metatarsal device, safety shoes, or boots, which is worn on an employee's foot and which is designed to protect against injury.

(3) "Grinder" means a pulpstone wheel for grinding logs to produce wood pulp.

(4) "Guillotine trimmer" means a machine with a shearing knife used to cut sheets to size.

(5) "Hooker" means the employee who hooks the load to the hook.

(6) "Jack ladder" means a conveyor used to transport logs to a barker.

(7) "Knot cleaner" or "woodpecker" means a device used to remove knots from pulpwood.

(8) "Nip point" means that point where a rotating object creates a pinching action with another rotating object.

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 408.16306 Definitions; P {#sec-r-408.16306 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16306}

Rule 6306. (1) "Paperboard mill" means a plant that manufactures paperboard from pulp or recycled paper fibers.

(2) "Paper mill" means a plant that manufactures paper from pulp or recycled paper fibers.

(3) "Pinch point" means a point at which it is possible to be caught between the moving parts of a machine, or between moving and stationary parts of a machine or between material and any part of a machine.

(4) "Pulper" means a machine designed to break up, defiber and dispense dry pulp, mill process broke, commercial waste paper or other fibrous material into slush form for further processing.

(5) "Pulp mill" means a mill which processes pulpwood, wood chips or other such cellulosic material into pulp by cooking, screening and bleaching.

(6) "Pulpwood" means a wood used in making pulp for paper.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16307 Definitions; R {#sec-r-408.16307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16307}

Rule 6307. (1) "Rag cooker" means a vessel for reducing rags to pulp by cooking in a liquid.

(2) "Rag duster" means a machine used to remove dust from rags.

(3) "Rider roll" means an idler roll which applies pressure to a roll being rewound.

(4) "Roll splitter" means a guillotine-type cutter used to split rolls of paper parallel to the core.

(5) "Rotary cutter" means a machine with revolving knives which cuts rolled paper into sheets.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16308 Definitions; S {#sec-r-408.16308 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16308}

Rule 6308. (1) "Shredder" means a machine for reducing rags and paper into fine fibers.

(2) "Slasher saw" means a circular saw through which logs are moved for cutting to length.

(3) "Sole plate" means a base plate on which a machine is mounted.

(4) "Splitter block" means a device used to reduce large wood logs to a smaller size.

(5) "Stock chest" means a vessel for storage of pulp slurry.

(6) "Sulfur burner" means a furnace used to burn sulfur.

(7) "Super calender" means a machine having an assembly of rolls for producing fine finishes on paper.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16309 Definitions; T to V {#sec-r-408.16309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16309}

Rule 6309. (1) "Tipple" means a device by which a loaded railcar or truck is emptied.

(2) “Travel restraint system” means a combination of an anchorage, anchorage connector, lanyard or other means of connection, and body support that an employer uses to eliminate the possibility of an employee going over the edge of a walking-working surface.

(3) "Vessel" means a tank or vat used for storage or mixing of pulp or chemicals.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16311 Employer responsibility {#sec-r-408.16311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16311}

Rule 6311. An employer shall do all of the following:

(a) Provide training to each employee regarding the hazards and safeguards before starting an assigned job.

(b) Provide personal protective equipment that is necessary to protect an employee from the hazards of the job according to the requirements of R 408.16313 and General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302.

(c) Prevent the operation of a machine that is not guarded according to Michigan Occupational Safety and Health Administration standards, that has a defective guard, or that is otherwise unsafe.

(d) Establish and maintain a lockout procedure as prescribed in R 408.16323(4).

(e) Comply with the requirements of this standard.

History

• History: 1979 AC; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16312 Employee responsibility {#sec-r-408.16312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16312}

Rule 6312. An employee shall do all of the following:

(a) Use personal protective equipment furnished by the employer.

(b) Report to his or her supervisor any machine or safeguard that is defective.

(c) Not remove a guard except for authorized operational or maintenance purposes.

The guard shall be replaced or equivalent guarding installed before the machine is returned to production.

(d) Not operate any machine or equipment until he is trained in the operating procedures, hazards, and safeguards and has been authorized to do so.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16313 Personal protective equipment {#sec-r-408.16313 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16313}

Rule 6313. (1) A deluge shower and eye fountain shall be provided within 25 feet of an area where caustics or acids are used or mixed at a strength that could cause injury to an exposed employee.

(2) An approved life jacket shall be provided to the employee, at no expense to the employee, and shall be used when an employee works above water where a protective standard barrier or lifeline and safety belt is not provided.

(3) Personal protective equipment used by more than 1 employee shall be cleaned or sanitized after each usage where body contact has been made.

(4) Eye protection, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302, shall be provided to, and used by, employees who are in the wood yard and employees who are involved in any of the following operations:

(a) Maintenance.

(b) Barking.

(c) Knot cleaning.

(d) Digesting.

(e) Pulp grinding.

(f) Banding.

(g) Chemical handling (5) Head protection, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302, shall be provided to, and used by, employees who are in the wood yard and employees who are included in any of the following operations:

(a) Barking.

(b) Maintenance.

(c) Digesting.

(d) Pulp grinding.

(6) Foot protection, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302 shall be provided to, and used by, employees who are in the wood yard and employees who are involved in any of the following operations:

(a) Pulp grinding.

(b) Maintenance.

(c) Hazardous chemical handling and mixing operations (7) Personal protective equipment such as aprons, gloves, rubber boots, and metal or plastic toe or metatarsal foot protection shall be provided and used as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302.

(8) Respiratory equipment shall be provided to the employee, at no expense to the employee, and shall be available and maintained in an operable and sanitary condition where toxic fumes may be encountered above the maximum threshold limits as prescribed by Occupational Health Standard Part 301 “Air Contaminants for General Industry,” and Part 451 “Respiratory Protection,” as referenced in R 408.16302.

History

• History: 1979 AC; 1983 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16318 Belt conveyors {#sec-r-408.16318 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16318}

Rule 6318. (1) When conveyors cross passageways or roadways, an employer shall provide a horizontal platform under the conveyor, extended out from the sides of the conveyor a distance equal to 1 1⁄2 times the length of the wood handled.

(2) An employer shall provide the platform that shall extend the width of the road plus 2 feet (61 cm) on each side, and shall be kept free of wood and rubbish.

(3) An employer shall provide the edges of the platform with toeboards or other protection that meet the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

History

• History: 2018 AACS.

Mich. Admin. Code R 408.16321 Illumination {#sec-r-408.16321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16321}

Rule 6321. (1) An employer stall furnish natural or artificial lighting to provide the following:

(a) A minimum of 25 foot candles intensity at the machine operator’s work station.

(b) A minimum of 5 foot candles along a means of egress.

(c) A minimum of 2 foot candles in an inside active storage area.

(2) An employee who is entering a vessel for the purpose of cleaning or inspecting the vessel shall be provided with an appropriate and intrinsically safe emergency portable illumination device.

(3) Emergency lighting shall be provided where it is necessary for employees to remain at their machines or stations to shut down equipment in case of power failure.

(4) Emergency lighting shall be provided at stairways and passageways or aisle ways used by employees for emergency exit in case of power failure.

(5) Emergency lighting shall be provided in all plant first aid and medical facilities.

History

• History: 1979 AC; 1983 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16322 Walking-working surfaces {#sec-r-408.16322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16322}

Rule 6322. (1) An aisle or floor work area shall be free of protruding objects, holes, and loose boards.

(2) An aisle shall be 3 feet wider than the widest load transported in the aisle and the outline of the aisle marked.

(3) A slip-resistant surface shall be provided on platforms, at work stations, on walk ramps, plank walks, and catwalks.

(4) A stair tread leading to a catwalk or platform shall have a slip-resistant surface.

(5) A catwalk 4 feet or more above the floor, ground, or platform shall be guarded by a guardrail system and toeboard on the open side as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302. However, a catwalk, regardless of height, above or adjacent to dangerous equipment shall be guarded with a guardrail system and toeboard.

(6) In the machine room, steps of uniform rise and tread with non-slip surfaces that meet the requirements in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces” shall be provided at each press.

History

• History: 1979 AC; 1983 AACS; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16323 Power controls {#sec-r-408.16323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16323}

Rule 6323.(1) A machine shall be equipped with an emergency stop device, distinguished by its size or color, which can be activated from the operator's or crew member's work station. In addition, a rotary cutter, paper machine, and calender shall have an emergency stop device which will provide a braking action to stop the machine quickly in an emergency. This device shall be tested periodically by making use of it when stopping the machine.

(2) A machine attended by more than 1 operator shall be equipped with a control for each operator exposed to a point of operation hazard. These controls shall be interlocked to prevent operation until each operator operates his or her control concurrently.

(3) A machine control shall be designed and installed to prevent unintentional activation by contact with objects or parts of the body.

(4) A power source of any equipment to be repaired, serviced or set-up shall be locked out by each employee doing the work where unexpected startup would cause injury, except when motion is necessary during set-up or adjustment. Such motion shall be achieved by a manually held constant pressure control device. Residual pressure shall be relieved prior to and during such work when the equipment is locked out.

(5) Upon power failure, provisions shall be made to prevent machines from automatically restarting upon restoration of power.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16324 Machine installation {#sec-r-408.16324 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16324}

Rule 6324. (1) A machine installed on a bench, table or stand shall be fastened to prevent unintentional movement or tipping.

(2) A machine shall be so placed that it will not be necessary for an employee to stand in an aisle.

(3) An electrically powered machine shall be grounded.

(4) A machine, which because of its type of operation builds up static electricity, shall be equipped with a device to drain the electrical charge away.

(5) A pipe containing surface heat, which can cause burns and which is within 8 feet of a floor or platform or 15 inches of a ladder shall be enclosed by insulation or a barrier to protect an employee from contact.

(6) A sole plate shall have a slip-resistant surface where the plate is crossed by an employee.

R 408.16325. Lubrication.

Rule 6325. (1) An employer shall ensure that lubrication is accomplished by 1 of the following:

(a) Manually, when the machine can be shut off and locked out.

(b) Automatic pressure or gravity feed system.

(c) Extension pipe leading to an area outside of guards or away from any hazards.

(d) A means which would provide equal or greater protection than subdivision (a), (b) or (c) of this subrule for the employee.

(2) An employer shall ensure that General Industry Safety Standard Part 7 “Guards for Power Transmission,” as referenced in R 408.16302, is followed.

History

• History: 1979 AC.
• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16326 Hydraulic and pneumatic systems {#sec-r-408.16326 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16326}

Rule 6326. (1) A hydraulic or pneumatic system shall have a designed safety factor of at least 4.

(2) When hydraulic, air or steam lines are bled, equipment supported by these systems shall be blocked or otherwise secured to provide for the safety of employees working on or about the equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16327 Maintenance {#sec-r-408.16327 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16327}

Rule 6327. Machinery and equipment in use shall be maintained in safe order.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16328 Guarding {#sec-r-408.16328 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16328}

Rule 6328. (1) A lever carrying a weight shall have a bolt through the extreme end of the lever, a safety chain attached to it, or the weight shall be enclosed from its extended height to the floor or platform.

(2) When material such as chunks or cants of wood or logs can be thrown from a barker or chipper, a barrier to contain the material shall be erected and maintained.

(3) A foot switch or control shall be guarded to prevent accidental activation by falling or moving objects or by accidentally stepping on the pedal.

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 408.16331 Material handling {#sec-r-408.16331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16331}

Rule 6331. (1) A mechanical lifting device shall be provided and used to place and remove rolls of paper and paperboard from a machine.

(2) An escape hatch shall be provided where doors on an enclosed cab provided on a powered industrial truck may be blocked by special equipment.

(3) A crane, powered industrial truck, or other wood handling equipment, except over the road vehicles, having a cab with windows shall have all windows protected by a screen made of steel rods not less than 7/16 inch in diameter with openings not more than 4 by 4 inches or 2 by 6 inches.

(4) Where a hooker or hatch tender is used, the operator of a cab style crane shall respond to the hooker’s or hatch tender’s signals. The signals for an overhead crane shall be as prescribed in Table 1 ‘Standard Hand Signals for Controlling Overhead and Gantry Cranes.’ The signals for a boom type crane shall be as prescribed in Table 2 ‘Hand Signals for Boom-Type Cranes.’ (5) A blower used to transport rags shall be provided a feed hopper with the opening not less than 48 inches from the fan. The blower outlet must not allow material to fall on an employee.

(6) Railroad cars shall not be spotted on tracks adjacent to the locomotive cranes unless a 24-inch clearance is maintained, as prescribed in R 408.16342(1).

(7) The handling and storage of other materials shall conform to R 408.16342(1) and (2) with respect to clearance.

(8) Handles of wood hooks shall be locked to the shank to prevent them from rotating.

(9) An employee shall not ride on a powered hand truck unless it is so designed by the manufacturer. A limit switch shall be on the operating handle —30 degrees each way from a 45-degree angle up and down beyond which the drive motor is electrically disconnected and braking action commences.

(10) Whenever possible, all dust, fumes, and gases incident to handling materials shall be controlled at the source, in accordance with ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition, as adopted in R 408.16302. Where control at the source is not possible, an employer shall provide respirators with goggles or protective masks, and employees shall wear them when handling alum, clay, soda, ash, lime, bleach powder, sulfur, chlorine, and similar materials, and when opening rag bales.

(11) Hoods of cutters, shredders, and dusters shall have exhaust ventilation in accordance with ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition, as adopted in R 408.16302.

TABLE 1

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANE

HOIST.

With forearm vertical, forefinger pointing up, move hand in small horizontal circle.

LOWER.

With arm extended downward, forefinger pointing down, move hand in small horizontal circles.

BRIDGE TRAVEL.

Arm extended forward, hand open and slightly raised, make pushing motion in direction of travel.

TABLE 1

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANE

TROLLEY TRAVEL.

Palm up, fingers closed, thumb pointing in direction of motion, jerk hand horizontally.

STOP.

Arm extended, palm down, hold position rigidly.

EMERGENCY STOP.

Arm extended, palm down, move hand rapidly right and left.

MULTIPLE TROLLEYS.

Hold up one finger for block marked “1” and two fingers for block marked “2”, Regular signals follow.

MOVE SLOWLY.

Use one hand to give any motion signal and place other hand motionless in front of hand giving the motion signal.

(Hoist slowly shown as example.)

MAGNET IS

DISCONNECTED.

Crane operator spreads both hands apart – palms up.

TABLE 2

HAND SIGNALS FOR BOOM-TYPE CRANES

HOIST.

With forearm vertical, forefinger pointing up, move LOWER.

With arm extended downward, forefinger pointing USE MAIN HOIST.

Tap fist on head; then use regular signals.

TABLE 1

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANE hand in small horizontal circle. down, move hand in small horizontal circles.

USE WHIPLINE.

(Auxiliary Hoist).

Tap elbow with one hand; then use regular signals.

RAISE BOOM.

Arm Extended, fingers closed, thumb pointing upward.

LOWER BOOM.

Arm extended, fingers closed, thumb pointing downward.

MOVE SLOWLY.

Use one hand to give any motion signal and place other hand motionless in front of hand giving the motion signal. (Hoist slowly shown as example.)

RAISE THE BOOM AND

LOWER THE LOAD.

With arm extended, thumb pointing up, flex fingers in and out as long as load movement is desired.

LOWER THE BOOM AND

RAISE THE LOAD.

With arm extended, thumb pointing down, flex fingers in and out as long as load movement is desired.

TABLE 1

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANE

SWING.

Arm extended, point with finger in direction of swing of boom.

STOP.

Arm Extended, palm down, hold position rigidly.

EMERGENCY STOP.

Arm extended, palm down, move hand rapidly right and left.

TRAVEL.

Arm extended forward, hand open and slightly raised, make pushing motion in direction of travel.

DOG EVERYTHING.

Clasp hand in front of body.

TRAVEL.(Both Tracks)

Use both fists in front of body, making a circular motion about each other, indicating direction of travel, forward or backward. (For crawler cranes only.)

TRAVEL. (One Track.)

Lock the track on side indicated by raised fist. Travel opposite track in direction indicated by circular motion of other fist, rotated vertically in Extracted from American National Standard, Safety Code for Crawler, Locomotive and Truck Cranes, B 30.5-1968 with the permission of the publisher, The American Society of Mechanical Engineers, United Engineering Center, 345 East 47 th Street, New York, N.Y. 10017.

TABLE 1

STANDARD HAND SIGNALS FOR CONTROLLING OVERHEAD AND GANTRY CRANE front of body. (For crawler cranes only.)

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16332 Storage {#sec-r-408.16332 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16332}

Rule 6332. (1) Rolls of paper, finished material, baled paper, or rags stored inside a building shall have a desired clearance of 36 inches but not less than 18 inches from a sprinkler head.

(2) Piles of wet-lap pulp, not palletized, shall be stepped back 1/2 of the width of a sheet from each end of a pile for each 8 feet of pile height. Pulp shall not be piled over pipelines to jeopardize pipes.

(3) Hand laid-up sheets of wet-lap pulp shall be interlapped to make the pile secure.

(4) Piles of wet-lap pulp shall not be undermined when being unpiled.

(5) The designed floor capacity of a building shall be posted and not be exceeded.

(6) Rolls of paper stock stored horizontally on the floor shall be chocked at the end of each row and between each roll. Where rolls are pyramided 2 or more high, chocks shall be installed between each roll on the floor. The face of each chock should be formed on a radius to conform to the average roll size in use. When rolls are decked 2 or more high, the bottom rolls shall be chocked on each side to prevent shifting in either direction.

(7) Vertically stacked rolls of paper shall be piled in a stable manner.

(8) Where smooth floors are present the chocks shall be rubber based.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16333 Vessels, bin, and cooker entry {#sec-r-408.16333 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16333}

Rule 6333.(1) A lifeline and safety harness or safety belt shall be provided and used by an employee entering a vessel, tank, digester, bin, or cooker without an access door at ground or floor level, as prescribed in General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302. An employee shall be stationed outside with a self-contained respirator in a position to handle the lifeline and summon assistance.

(2) An employer shall ensure that the air inside the vessel, tank, or bin is tested prior to entry. Atmospheres containing toxic gas or vapor, or which are deficient in oxygen must be purged and fresh air forced inside while the tank or vessel is occupied, or a self-contained or a constant-flow type supplied air respirator shall be worn. An employee shall not enter a vessel or tank containing an explosive atmosphere (3) An employer shall ensure that controls to equipment supplying or operating a closed vessel, tank, digester, bin, or cooker are locked out or blanked before entry by an employee.

(4) An employer shall ensure that valves to supply pipes for a closed vessel, tank, digester, bin, or cooker are closed and locked out or blanked before entry by an employee.

(5) Tanks shall be free of acid and shall be washed out with water, and fresh air shall be blown into them, before allowing an employee to enter. An employer shall provide an employee entering the tanks with a supplied air respirator, lifebelt, and attached lifeline, at no expense to the employee.

(6) Any lines or sewers shall be blanked off to protect workers from air contaminants.

(7) When cleaning, inspection, or other work requires that employees must enter the cooker, 1 employee shall be stationed outside in a position to observe and assist in case of emergency.

(8) All intake valves to a tank shall be blanked off or disconnected.

History

• History: 1979 AC; 1983 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16334 Flammable and hazardous substances {#sec-r-408.16334 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16334}

Rule 6334. (1) When transferring flammable liquids from 1 container to another, both containers shall be grounded or bonded to drain away any static electricity generated.

(2) Flammable and hazardous substances shall be stored in an approved container at the point of usage only in quantities for not more than 1 day's usage.

(3) Chemicals which are not compatible with each other shall be effectively isolated by distance, curbing, or other means.

(4) Nonsparking tools and grounded hose shall be used when pumping out the turpentine tank. The tank shall be surrounded by a berm or moat.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16335 Skip hoists {#sec-r-408.16335 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16335}

Rule 6335. An employer shall ensure that a skip hoist, unless completely enclosed, is equipped with all of the following:

(a) A warning device to announce movement.

(b) An interlocking gate across the bucket loading opening.

(c) A standard barrier across any open side.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16336 Chains; cables; wire ropes {#sec-r-408.16336 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16336}

Rule 6336. (1) A chain used for material handling and its component parts, other than alloy steel chain having a minimum tensile strength of 125,000 pounds per square inch, shall have a designed safety factor of not less than 5. Alloy chain shall not be used in excess of the working load in straight tension for its size as prescribed in Table 3 ‘Working Load.’ (2) Chain with bent, twisted, or elongated links, or a hook that has been opened more than 15% at the throat from the original set or twisted more than 10% from the plane of the unbent hook, shall not be used until the defective links or hook is replaced.

(3) Cable, wire rope, and wire rope slings shall have a designed safety factor of not less than 5.

(4) Wire rope or cable shall be inspected when installed, and not less than monthly thereafter, when in use.

(5) Wire rope shall not be used if, in any length of 8 diameters, the total number of visible broken wires exceeds 10% of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defects.

TABLE 3

WORKING LOAD

Nominal Size, Chain Bar, inch Work Load, lb. Max. 1/4 3,250 3/8 6,600 1/2 11,250 5/8 16,500 3/4 23,000 7/8 28.500 1 38,750 1 1/8 44,500 1 1/4 57,500 1 3/8 67,000 1 1/2 80,000 1 3/4 100,000

R 408.16337. Boom cranes.

Rule 6337. (1) A boom crane shall bear a sign or tag in the cab and on the outside showing the maximum rated capacity in pounds or tons as related to the boom angle. The rated capacity shall not be exceeded.

(2) The designed safety factor for all boom crane parts shall be not less than 5.

(3) A boom crane shall be equipped with a warning device which shall be used during lifting and moving of a load if an employee other than the crane crew is in the loading or unloading path.

(4) A boom crane load shall not pass over the head of any employee.

(5) Only 1 member of a boom crane crew may give signals to the crane operator.

The signals shall conform to Table 2 ‘Hand Signals for Boom-Type Cranes.’ (6) A crane boom shall not be operated within 10 feet of overhead power lines unless the power lines have been deenergized. The boom shall be painted a bright yellow from, and including, the head sheave to a point 6 feet down the boom towards the cab.

History

• History: 1979 AC; 2014 AACS.
• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.16338 Blue flag warning {#sec-r-408.16338 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16338}

Rule 6338. (1) An employer shall ensure that a locomotive or locomotive crane uses a blue flag, blue light or derailer when either of the following occur:

(a) An employee may be endangered by railcars being pushed into an area in which they are working.

(b) Loading or unloading railcars, oiling or servicing a railcar, locomotive or locomotive crane.

(2) When it is not possible to place a blue flag or blue light at a switch, a blue flag or blue light must be placed at least 50 feet from the end of the last car at both ends of the car or cars. At stub-end tracks a blue flag or blue light is necessary only at the open end.

(3) A blue flag and blue light shall be marked with the name of the department placing it.

(4) A blue flag or blue light shall not be removed except by the person who places it, except if an employee does not remove his or her blue flag or blue light and cannot be located, his or her supervisor after making a thorough check of the track area in question, in company with an operating man or woman, may remove the blue flag or blue light.

(5) Where 2 or more groups are working in the same location, a responsible employee or supervisor from each group shall each place a blue flag or blue light as specified in subrules (1) and (2) of this rule.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16339 Chip and bark piles {#sec-r-408.16339 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16339}

Rule 6339. (1) Mechanical equipment, steam or compressed air lances shall be used to break down overhangs or arches caused by jamming of chips or bark.

(2) Mobile equipment shall not mount a chip or bark pile unless the operator is protected by a rollover protection device.

SPECIFIC PROVISIONS

History

• History: 1979 AC.

Mich. Admin. Code R 408.16341 Woodyard unloading {#sec-r-408.16341 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16341}

Rule 6341. (1) Where it is necessary to cut stakes holding logs on railway cars and trucks, the stake on the unloading side shall be partially cut through first and then the binder wire cut on the opposite side. The wire cutters shall have long extension handles. No employee shall be permitted on the unloading side after the stakes are cut.

(2) Where steel straps are used without stakes, employees shall stand in a safe area when the straps are cut.

(3) A railcar or truck, except a truck being unloaded or loaded by a locomotive crane, shall have the wheels chocked or the brake set during unloading or loading operations.

(4) Where binder chain and stakes are used, the binder chains shall be released and the stakes tripped from the opposite side of the load spillage.

(5) Where binder chain and crane slings are used, the crane sling shall be in place and taut before the binder chain is released. The hooker shall see that the helper is clear before signaling for the movement of the load.

(6) Before a railcar, truck, or trailer is unloaded by a tipple-type device, it shall be secured in place and all employees removed from the hazardous area.

(7) Where pulpwood is loaded on flatcars, stakes not less than 4 x 4 inches in dimensional nominal size shall be used to contain the load.

(8) A truck driver shall not remain in the truck during unloading operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16342 Woodyard piling {#sec-r-408.16342 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16342}

Rule 6342. (1) Piling of pulpwood shall allow for a clearance of at least 24 inches between the pile and the crane cab turned at any working position.

(2) Piling of pulpwood along a standard-gage track shall allow for a clearance of 8 1/2 feet from the center line of the track to the pile.

(3) Logs shall not project from a pile into a walkway or roadway.

(4) Ends of a woodpile shall be sloped or crosstiered into the pile.

(5) Mechanical equipment shall be used to knock down wood from a woodpile.

R 408.16343. Flumes, runways and jack ladders.

Rule 6343. (1) A flume or water runway used to transport logs shall have a guardrail system along the exposed sides. The height of the sides of a flume or runway extending above ground, floor, or platform level may be counted as part of the 42 inches as prescribed for a guardrail system in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

(2) An inclined walkway along an inclined portion of a jack ladder and the inclined portion of a runway to the jack ladder shall have cleats or a slip-resistant surface that complies with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces.” The walkway shall be equipped with a stair rail on both sides as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces.”

(3) For a runway to the jack ladder, the runway from the pond or unloading dock to the table shall be protected with standard handrails and toeboards.

(4) On a runway to the jack ladder, an employer shall provide protective equipment for persons working over water.

R 408.16344. Log jams.

Rule 6344. Where it is necessary for an employee to stand on a conveyor for the purpose of clearing a log jam, the conveyor shall be stopped and locked out as prescribed in R 408.16323(4) before the work is started.

R 408.16345. Saws.

Rule 6345. (1) A guard shall be provided in front of a slasher saw to protect an employee from thrown pieces.

(2) An employee shall not mount a slasher saw table unless the machine is stopped and locked out as prescribed in R 408.16323(4).

(3) The exposed portion of a slasher saw blade below the table shall be enclosed.

(4) A saw and other equipment more commonly found in a sawmill shall be guarded and used as prescribed in General Industry Safety and Health Standard Part 52 “Sawmills,” as referenced in R 408.16302.

R 408.16346. Barkers.

Rule 6346. (1) An employee shall not hold or have physical contact with the pulpwood during the barking operation.

(2) An employer shall provide barrier guards or enclosures to protect an employee in the area from flying particles from the barker.

(3) Two or more continuous barking drums installed side by side shall be provided with a walkway between each set with a guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

(4) When a platform or floor allows access to the sides of a drum barker, a guardrail system shall be installed as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

(5) In-running nip points exposed to contact of trunnion rollers on a drum barker shall be guarded.

(6) An intermittent barking drum shall be equipped with a device that locks the drum while being loaded or unloaded.

(7) The loading and unloading ends of a hydraulic barker shall be equipped with baffles. The operator shall be protected by a barrier of 1/2 inch plexiglas or material of equivalent strength. A high pressure hose to a hydraulic barker shall be secured at the hose connection ends to prevent whipping if a connection fails.

History

• History: 1979 AC.
• History: 1979 AC; 2014 AACS; 2018 AACS.
• History: 1979 AC; 2014 AACS.
• History: 1979 AC; 2014 AACS; 2018 AACS.
• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16347 Chippers {#sec-r-408.16347 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16347}

Rule 6347. (1) An employer shall ensure that an employee feeding a chipper does not have a work station in direct line with the chipper hopper.

(2) The in-feed conveyor shall be guarded for its entire length by an enclosure or guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

(3) The chipper hopper shall be enclosed not less than 40 inches from the blades to the opening and be baffled to prevent wood from being thrown from the hopper.

(4) An employee feeding a chipper within 42 inches of the hopper shall wear a safety belt and line designed to prevent falling into the hopper.

(5) Where jam-ups cannot be cleared, the in-feed equipment shall be stopped and locked out. The employee clearing the jam shall wear a safety belt and line which will prevent contact with the blades before additional clearing is done. If it is necessary to remove or loosen a blade hood, the power must be shut off and locked out.

(6) Chipper knives shall be transported on a carrier.

(7) Hearing protection equipment shall be worn by the operator and others in the immediate area if there is any possibility that the noise level may be harmful and shall be in compliance with Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry,” as referenced in R 408.16302.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16348 Splitter block {#sec-r-408.16348 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16348}

Rule 6348. (1) The block upon or against which the wood is rested shall have a corrugated surface or other means provided so that the wood will not slip. Wood to be split, and also the splitting block, shall be free of ice, snow, or chips.

(2) A clear and unobstructed view shall be maintained between equipment and workers around the block and the workers' help area.

(3) Power to activate the splitter shall be controlled by a clutch or valve and shall be designed for single stroke operation only.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16349 Knot cleaner {#sec-r-408.16349 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16349}

Rule 6349. A knot cleaner of the woodpecker type shall have the operating area enclosed to protect an employee passing by.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16350 Bleaching {#sec-r-408.16350 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16350}

Rule 6350.(1) An employer shall ensure that the bleach-mixing rooms in which the bleach powder is mixed is provided with adequate exhaust ventilation, located at the floor level, as prescribed in ANSI Standard Z9.1 “Open Surface Tanks-Ventilation and Operations,” 1951 edition, as adopted in R 408.16302 (2) Chlorine gas shall be carried away from the work place and breathing area by an exhaust system. The gas shall be rendered neutral or harmless before being discharged into the atmosphere as prescribed in ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition, as adopted in R 408.16302.

(3) For emergency and rescue operations, the employer must provide employees with self-contained breathing apparatuses or supplied-air respirators and ensure that employees use these respirators as prescribed in Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.16302.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16351 Acid rooms, acid towers, and acid tanks {#sec-r-408.16351 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16351}

Rule 6351. (1) An employer shall ensure that the employee is provided with eye protection, a supplied air respirator, and a personal fall protection system that meets the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302, during inspection, repairs or maintenance of acid towers. The line shall be extended to an attendant stationed outside the tower opening.

(2) Walkways, stairs, and other equipment in acid rooms, acid towers, and acid tanks shall be inspected monthly for corrosion and replaced or repaired where any part shows a defect affecting employee safety.

(3) Where hoops are used on acid tanks, the hoops must be made of rods rather than flat strip stock and be inspected and maintained as prescribed in subrule (2) of this rule.

(4) Pressure tanks-accumulators shall be inspected semiannually as prescribed in the ASME Boiler and Pressure Vessel Code, Section VIII, “Unfired Pressure Vessels,” 1989 with addenda, as adopted in R 408.16302.

(5) An employer shall ensure that when lead burning is performed within tanks, fresh air is forced into the tanks so that fresh air will reach the face of the employee first and the direction of the current will never be from the source of the fumes toward the face of the employees. Supplied air respirators, such as constant-flow type, shall be provided as required in Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.16302.

History

• History: 1979 AC; 1993 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16352 Chlorine, chlorine dioxide and sodium chlorate {#sec-r-408.16352 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16352}

Rule 6352. (1) Only a trained and authorized employee shall be permitted into a chlorine dioxide generating room.

(2) A room used for storage or generating of chlorine gases shall have not less than 2 exits.

(3) Storage facilities and handling operations shall eliminate possible contact of sodium chlorate and chlorine dioxide with wood or other materials that would cause a fire, explosion, or other chemical reaction.

(4) Smoking and other sources of fire and spark producing equipment shall not be permitted in a chlorine dioxide generating room when it is in operation. Warning signs shall be posted.

(5) Tanks of liquid chlorine, when stored inside, shall be stored in an unoccupied adequately ventilated room, where their possible leakage cannot affect workers, and the exhaust pickup shall be at floor level.

(6) A water hose and supply shall be available where spills of chlorine and chlorine dioxide may occur.

(7) A tank car containing chlorine and connected to a pipe or hose line shall be protected by a derail device and the blue flag as prescribed in R 408.16338.

(8) A pipe or hose line carrying chlorine, caustic or acid, shall be identified by a sign at each valve and yellow color banding.

(9) Gas masks capable of absorbing chlorine shall be supplied, conveniently placed, and regularly inspected, and employees who may be exposed to chlorine gas shall be instructed in their use.

(10) For emergency and rescue work, independent self-contained oxygen-type masks or supplied-air equipment shall be provided.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.16353 Sulfur burning and drying {#sec-r-408.16353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16353}

Rule 6353.(1) A sulfur burning or drying house shall be safely and adequately provided with an exhaust system as prescribed by ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition, as adopted in R 408.16302, to reduce the chance of dust explosion hazards and fires.

(2) Pipes, beams, and other overhead objects shall be cleaned off not less than once a month to remove dust accumulations.

(3) Sulfur storage bins shall be kept free of sulfur dust accumulation, in accordance with ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition, as adopted in R 408.16302.

(4) Exhaust ventilation shall be provided where niter cake is fed into a rotary furnace and shall be so designed and maintained as to keep the concentration of hydrogen sulfide gas below the parts per million listed in Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 408.16302.

(5) Non-sparking tools and equipment shall be used in handling dry sulfur. Smoking shall be prohibited and “No Smoking” signs shall be posted.

(6) Sulfur melting equipment shall not be located in the burner room.

(7) Explosion-proof electric equipment shall be used where dry sulfur burning is done.

(8) Supplied-air respirators shall be strategically located for emergency and rescue use.

(9) Gas masks shall be available. These masks shall furnish adequate protection against sulfurous acid and chlorine gases, and shall be inspected and repaired in accordance with Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.16302.

(10) Where as the processes of the sulfate and soda operations are similar to those of the sulfite processes, subrules (8) and (9) of this rule apply.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16354 Digesters and blow pits, general {#sec-r-408.16354 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16354}

Rule 6354. (1) An employer shall ensure that a means of egress is provided at each end of the room at every floor level of a digester building.

(2) An employer shall ensure that a batch type digester has all of the following:

(a) A blowoff valve located so it can be operated from another room, remote from safety valve.

(b) Blow valves on rotary digesters pinned or locked in a closed position during the cooking period.

(c) Pipes, valves, and fittings classified as heavy duty between the digester and blow pit. These pipes, valves, and fittings shall be inspected at least semiannually to determine the degree of deterioration and shall be replaced when necessary.

(d) Through bolts instead of cap bolts on pipe joints.

(3) A side opening to a blow pit is preferred on the side of the pit instead of on the top. The opening shall be as small as possible when located on the top, and shall be protected as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

(4) Access to a blow pit shall be by a ladder designed to keep the door open when the ladder is in place, or an employee is within the pit.

(5) Blow-pit hoops shall be maintained in a safe condition.

(6) Personal protective equipment as prescribed in R 408.16313 and General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.16302, shall be provided and worn when repairing or removing old brick lining from a digester.

(7) An employer shall ensure that fresh air is blown constantly into the digester while employees are inside. Supplied-air respirators shall be available if the fresh air supply fails or is inadequate.

(8) An inspector shall not enter a digester unless a lifeline is securely fastened to his or her body by means of a safety belt and at least 1 other experienced employee is stationed outside the digester to handle the line and to summon assistance. All ladders and lifelines shall be inspected before each use.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16355 Blowing a batch type digester {#sec-r-408.16355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16355}

Rule 6355. (1) A signal device such as a bell, horn, siren, or light shall be installed in a batch type digester or blow pit room and chip bin and used before and during blowing of the digester.

(2) A signal shall be used to warn an employee in a chip bin before loading the batch type digester.

(3) A blow-off valve shall be opened slowly, and the valve shall be left open until the digester cook signals the blow is completed.

(4) A digester cover shall not be removed until the blow has been completed.

An employee removing a digester cover shall wear protective equipment to guard against burns from hot stock and steam.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16356 Safety valves {#sec-r-408.16356 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16356}

Rule 6356. (1) A safety valve shall be installed between the steam regulating valve and the vessel on a separate pipe line for each pressure vessel. The safety device shall conform to paragraph U-2 in the ASME Boiler and Pressure Vessel Code, Section VIII, “Unfired Pressure Vessels,” 1989, with addenda, as referenced in R 408.16302. Also see Rule R 408.4025 of the Michigan Boiler Rules, at web-site: http://www.michigan.gov/budget/0,4538,7-157-76309_35738_5698---,00.html.

(2) A safety valve shall be checked between each cook to ensure it has not become plugged or corroded to the point of being inoperative.

(3) A safety valve shall be inspected not less than annually and repaired if necessary to ensure its ability to operate, and shall be set at not more than the rated capacity of the pressure vessel.

(4) The vent for a safety valve shall discharge into an area that does not create a hazard for an employee.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16357 Smelt tanks {#sec-r-408.16357 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16357}

Rule 6357. A smelt tank shall be equipped with a cover which will be kept closed except during sampling. A smelt tank shall be equipped with a vent stack explosion door.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16358 Cutters, dusters, and shredders {#sec-r-408.16358 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16358}

Rule 6358. (1) A cutter, duster, or shredder for rags or old paper shall have the rotating heads or cylinders enclosed, except for an opening large enough only to permit feeding of stock. The enclosure shall extend over the top of the feed rolls and prevent contact with moving parts. The enclosure shall be bolted or locked into place.

(2) An employee shall stand not less than 36 inches from feed rolls on a cutter, duster, or shredder for rags or old paper, or be protected by a smooth pivoted idler roll resting on the stock or feed table, or be restrained by a safety belt and lanyard from placing any part of the body in the opening.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16359 Tools for rag cutting {#sec-r-408.16359 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16359}

Rule 6359. (1) A hand knife or sharpening steel shall be equipped with a guard between the handle and the blade.

(2) A hand knife or scissors shall have rounded ends on the blade and shall be carried in a sheath or maintained on a table by a cord or chain.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16360 Pulp grinding and shredding {#sec-r-408.16360 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16360}

Rule 6360. (1) A pulp grinder having a water wheel shall be equipped with a governor to limit the peripheral speed of the grinder to its rated speed.

(2) The cutting heads of a pulp shredder shall be enclosed, except for an opening to permit only the entry of stock. The enclosure shall be made of solid material or mesh with openings not more than 1/2 inch. The shredder shall be fed from a table extending not less than 36 inches from the opening, or an automatic feeding device shall be used. The enclosure shall be bolted or locked in place.

(3) Doors of pocket grinders shall be arranged so as to keep them from closing accidentally.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16361 Pulpers and beaters {#sec-r-408.16361 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16361}

Rule 6361.(1) When beaters are fed from the floor above, the chute opening, if less than 42 inches (1.06 m) from the floor, shall be provided with a guardrail system that meets the requirements in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, or other equivalent enclosures.

(2) All pulpers having the top or any other opening of a vessel less than 42 inches (107 cm) from the floor or work platform shall have such openings guarded by guardrail systems that meet the requirements in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, or other equivalent enclosures (3) When beaters have openings for manual feeding or with pulpers have openings for manual changings, openings shall be sufficient only to permit the entry of stock, and shall be provided with at least 2 permanently secured crossrails or other fall protection system that meet the requirements in in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, (4) Beater rolls shall be provided with covers.

(5) The floor around a beater shall be provided with sufficient drainage to remove wastes.

(6) When cleaning, inspecting, or other work requires that employees enter the pulpers, they shall be equipped with safety belt and lifeline, and 1 employee shall be stationed outside at a position to observe and assist in case of emergency.

(7) When cleaning, inspecting, or other work requires that employees enter pulpers, all steam, water, or other control devices shall be locked or tagged out. Blank flanging and tagging of pipe lines is acceptable in place of closed and locked or tagged valves.

Blank flanging of steam and water lines is acceptable in place of valve locks.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16362 Bleaching {#sec-r-408.16362 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16362}

Rule 6362. A bleaching engine, except the Bellmer type, shall have the top covered with the exception of an opening large enough to permit filling but too small to admit an employee. This opening shall be covered with a door. The opening and a platform connecting 1 engine with another shall have standard guardrails that meet the requirements in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16363 Guillotine type cutter {#sec-r-408.16363 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16363}

Rule 6363. (1) A guillotine type cutter shall be equipped with controls requiring each operator to use both hands throughout the cutting cycle to operate it.

(2) A guillotine cutter shall be equipped with a nonrepeat device.

(3) A carrier shall be used when transporting a guillotine type cutter knife.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16364 Dust {#sec-r-408.16364 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16364}

Rule 6364. (1) Measures for the control of dust shall be provided, in accordance with General Industry Safety and Health Standard Part 33 “Personal Protective Equipment” and Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.16302.

(2) Installation of blower and exhaust systems for dust, stock, and vapor removal or conveying, shall be provided, in accordance with NFPA 91 “Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying,” 1961 edition, as adopted in R 408.16302.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16371 Paper machine {#sec-r-408.16371 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16371}

Rule 6371. (1) An audible alarm shall be sounded 30 seconds before starting a section of a pulp or paper machine.

(2) A disengaged doctor blade accessible to an employee shall be covered.

The sharp edges shall be covered during transportation and storage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16372 Dryer {#sec-r-408.16372 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16372}

Rule 6372. (1) A barrier guard or a guardrail system as prescribed in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, shall be installed in front of the first dryer of each section of a paper machine, if the area is accessible to an employee.

(2) In starting a dryer section, steam to heat the drums shall be introduced slowly while the drums are turning.

(3) A broken carrier rope shall not be removed from a dryer while the section is running at operating speed.

(4) The end of a "yankee" type dryer exposed to contact shall be guarded by a barrier to prevent entry to the turning drum.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16374 Nip points {#sec-r-408.16374 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16374}

Rule 6374. (1) An inrunning nip point on a roll-type embosser, drum winder or rewinder shall be guarded by a barrier interlocked with the drive mechanism in such a manner that the barrier can be raised only when the rolls have stopped. The interlock system may allow the use of a jog switch when the barrier is open. The barrier shall be constructed so that an employee cannot reach over or around it into the nip point.

(2) A nip point, which is not a feeding point, created at calender or dryer rolls shall be guarded by a barrier.

(3) A nip point, which is a feeding point, shall be fed by a device, such as but not limited to a rope carrier, air jet or a tool, or guarded by a barrier which will keep the employee's fingers from the nip point while feeding. A hand-held device capable of going through the nip point shall not be used.

(4) An employee shall be cautioned as to an unguarded nip point by a warning sign.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16375 Broke hole {#sec-r-408.16375 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16375}

Rule 6375. (1) A guardrail that complies with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, shall be provided at broke holes.

(2) Where a broke hole of such dimensions that an employee could fall through is located over a pulper or pulper conveyor system which is manually fed, the employee feeding into the hole shall wear a travel restraint system that will restrict the employee from falling through the hole.

(3) A warning device shall be used to alert an employee working below a broke hole when broke is discharged into the hole.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16376 Rope carrying system {#sec-r-408.16376 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16376}

Rule 6376. The sheave and support brackets of a rope carrying system shall have a designed safety factor of not less than 3.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16377 Calenders and platers {#sec-r-408.16377 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16377}

Mich. Admin. Code R 408.16377 Calenders and platers {#sec-r-408.16377 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16377}

Rule 6377. (1) A calender roll shall be cleaned on the outrunning side. An alloy steel scraper not less than 3 x 5 inches shall be used to remove deposits from the rolls.

(2) Platers. A guard shall be arranged across the face of the rolls to serve as a warning that the operator's hand is approaching the danger zone.

(3) An employer shall provide steps or ladders that comply with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, and tread with nonslip surfaces at each calendar stack.

(4) Handrails and hand grips complying with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.16302, shall be provided at each calendar stack.

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 408.16378 Reels {#sec-r-408.16378 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16378}

Rule 6378. (1) A reel shall not be lifted until it has stopped turning.

(2) A reel shaft having a square block end shall have the end guarded against contact.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.16381 Winder {#sec-r-408.16381 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16381}

Rule 6381. (1) A winder shall have a guide to align the shaft for entrance into the opened rewind bearing housing.

(2) The crane operator shall ascertain that the reel is properly seated at the winder stand or at the reel arm before he disengages the hooks.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16382 Rider roll {#sec-r-408.16382 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16382}

Rule 6382. A rider roll shall be pinned or secured when it is in the raised position.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16383 Powered roll ejector {#sec-r-408.16383 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16383}

Rule 6383. A powered roll ejector shall be interlocked to prevent accidental activation until the receiving platform or lowering table is in position to receive a roll.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16384 Roll splitter {#sec-r-408.16384 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16384}

Rule 6384. (1) A roll splitter shall have an interlocked barrier which will cover the point of operation before the blade will descend.

(2) The blade shall be maintained in the down position when not in use.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16385 Rotary cutter {#sec-r-408.16385 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16385}

Rule 6385. (1) A single knife rotary cutter shall be guarded to prevent contact with the blade.

(2) On duplex cutters, the protection required for single-knife machines shall be provided for the first knife, and a hood shall be provided for the second knife.

(3) Access to a blade of a rotary cutter shall be provided by means of a catwalk after the machine had been locked out as prescribed in R 408.16323(4).

(4) The nip point at the spreader or squeeze roll shall be guarded as prescribed in R 408.16374(1).

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.16386 Slitter knives {#sec-r-408.16386 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16386}

Rule 6386. A slitter knife shall be guarded to prevent unintentional contact. A carrier shall be used when transporting a slitter knife.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16387 Cores {#sec-r-408.16387 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16387}

Rule 6387. (1) A core notcher shall be guarded pursuant to General Industry Safety Standard Part 23 “Hydraulic Power Presses,” as referenced in R 408.16302.

(2) A core cutter shall be guarded pursuant to General Industry Safety and Health Standard Part 27 “Woodworking Machinery,” as referenced in R 408.16302.

(3) A set screw for securing a core collar to winding and unwinding shafts shall not protrude above the face of the collar. Sharp corners on the collar shall be beveled.

(4) A core shaft weighing more than 50 pounds shall have a mechanical device such as a dolly to support all or part of the weight when removing the shaft from the set of paper and placing it in the dressing brackets on the winder.

History

• History: 1979 AC; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.16391 Carton stitcher {#sec-r-408.16391 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16391}

Rule 6391. A carton stitcher shall be guarded to prevent contact by the operator with the stitching head.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16392 Paper baler {#sec-r-408.16392 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16392}

Rule 6392. (1) A manually operated paper baler shall be provided with a device, such as a safety dog, to prevent a kickback by the operating lever.

(2) A powered paper baler shall have the hopper door interlocked to the power source to prevent operation when the door is open.

(3) A powered paper baler producing a bale with a compressed dimension of more than 42 inches shall have hook type door locks that permit a restricted pressure relieving opening of not more than 2 inches before the door can be completely opened.

(4) A hopper opening in the floor above shall be guarded with a standard barrier on all sides as prescribed in R 408.16322.

(5) Start controls shall be 2-hand constant pressure devices. A down stroke baler shall require 2-hand pressure only until the pressure block has descended past the pinch point.

(6) Limit switches shall be provided to limit the stroke at both ends. A limit switch shall be provided at the top of an upstroke baler to shut off power when the pressure block is out of position.

History

• History: 1979 AC; 2014 AACS.

R 408.16501 to R 408.16546 Part 65. Mills and Calendars for Rubber and Plastics

Mich. Admin. Code R 408.16501 Scope {#sec-r-408.16501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 65. MILLS AND CALENDERS FOR RUBBER AND PLASTIC

Rule 6501. This part provides for the safe maintenance and operation of mills and calenders used in the rubber and plastics trades by employers and their safe use by employees, in, around, and about places of employment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16503 Definitions; A to C {#sec-r-408.16503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16503}

Rule 6503. (1) "Aisle" means a path of designated travel for employees and vehicles.

(2) "Calender" means a machine equipped with 2 or more metal rolls in vertical frames and revolving in opposite directions used for continuously sheeting or plying up rubber and plastic compounds and for frictioning or coating materials with rubber and plastic compounds.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16506 Definitions; M to S {#sec-r-408.16506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16506}

Rule 6506. (1) "Mill" means a machine consisting of 2 adjacent metal rolls, set horizontally, which revolve in opposite directions and which are used for the mechanical working of rubber and plastic compounds.

(2) "Nip point" means the point where a rotating object creates a pinching action with another rotating object.

(3) "Safety device" means a guard such as, but not limited to, a barrier, enclosure, body bar, safety rod or safety cable used to protect an employee from a hazardous condition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16511 Employer’s responsibilities {#sec-r-408.16511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16511}

Rule 6511. An employer shall do all of the following:

(a) Provide training to an employee as to the hazards and safe operation of his or her assigned job.

(b) Maintain the mills and calenders in a condition free of recognized hazards.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.16512 Employees' responsibilities {#sec-r-408.16512 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16512}

Rule 6512. An employee shall:

(a) Not use a mill or calender unless authorized and trained in its use.

(b) Not remove a guard or safety device from a mill or calender except when necessary for servicing or where equivalent safety is provided. The guard shall be replaced before restarting the machine. All safety devices shall be replaced and tested before a mill or calender is put back into operation.

(c) Report defective machinery, equipment and hazardous conditions, when detected, to his supervisor.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16515 Illumination {#sec-r-408.16515 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16515}

Rule 6515. Illumination shall be provided to maintain a minimum of 20 footcandles intensity at an operator's work station.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16517 Floors and aisles {#sec-r-408.16517 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16517}

Rule 6517. (1) An aisle or floor area around a mill or calender shall be maintained free of protruding objects, holes, oil, grease, and accumulations of water.

(2) The surface of a platform or floor area at an operator's work station shall be maintained in slip-resistant condition.

(3) An aisle for combined usage of employees and stock moving equipment shall be 3 feet wider than the widest load moved. The outline of the aisle shall be marked or otherwise identified. When an oversized load is moved, pedestrian traffic shall be warned ahead of the load movement. Where stock moving equipment is not used in an aisle, the aisle shall not be less than 3 feet wide.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16521 Installation {#sec-r-408.16521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16521}

Rule 6521. (1) A mill or calender shall be secured in a manner to prevent unintentional movement.

(2) Such a machine, except where installed in a laboratory, shall not be so placed as to require an operator to stand in an aisle.

(3) A mill installed or moved after the effective date of this part shall be installed so that the top of the operating rolls is not less than 50 inches above the floor or the operator's working level.

(4) Installation of auxiliary equipment, such as but not limited to feeding and stock removing equipment and blending rolls, shall be guarded by location, barriers, or enclosures so as to not create a hazard. The auxiliary equipment shall not interfere with access or operation of a safety device.

(5) A mill or calender shall be electrically grounded.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16523 Hot surfaces {#sec-r-408.16523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16523}

Rule 6523. Steam and hot water pipes and surfaces of machinery exposed to contact, except the mill and calender rolls, which would cause burns, shall be covered with an insulating material or guarded by a barrier.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16525 Ventilation {#sec-r-408.16525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16525}

Rule 6525. Materials processed on a mill or calender, which give off noxious or toxic materials that exceed the maximum allowable limits set by the Michigan Occupational Safety and Health Administration (MIOSHA), shall be equipped with a ventilation system approved for this use.

Editor's Note: An obvious error in R 408.1625 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Administrative Code, 1979. The memorandum requesting the correction was published in Michigan Register, 2016 MR 1.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16527 Maintenance {#sec-r-408.16527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16527}

Rule 6527. (1) A power source of a mill, calender or their auxiliary equipment to be repaired, serviced or set up shall be locked out by each employee doing the work if unexpected start up would cause injury. Residual pressure shall be relieved before and during such work when maintenance is performed on a pressurized system.

(2) A braking or safety device for a mill or calender shall be inspected and tested weekly. The stopping distances shall be measured and recorded. Where the braking action does not meet or exceeds the requirements of R 408.16542 and R 408.16546, repairs or adjustments shall be made before operation is resumed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16528 Lubrication {#sec-r-408.16528 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16528}

Rule 6528. Lubrication shall be accomplished by 1 of the following:

(a) Manually when the machine can be shut off and locked out.

(b) An automatic pressure or gravity feed system.

(c) An extension pipe leading to an area outside of guards or away from any hazard.

(d) Other means providing safety equal to or exceeding subdivision (a), (b), or (c) of this rule.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.16531 Steam pressure procedures {#sec-r-408.16531 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16531}

Rule 6531. (1) Where a pressure reducing valve is used, not less than 1 relief valve, set at not more than the rated pressure of the equipment, shall be provided adjacent to the reducing valve on the low pressure side. The relief valve shall vent to an area which will not create a hazard to an employee.

(2) A steam valve to machinery shall be opened slowly to avoid uneven expansion of a pressure chamber.

(3) A cylinder-type machine shall be in motion before steam is admitted.

(4) The rated operating steam pressure of a machine shall not be exceeded.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16541 Mill safety devices {#sec-r-408.16541 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16541}

Rule 6541. (1) Except where an employee cannot come in contact with a roll nip point or be caught between a roll and an adjacent object because of a fixed installation, a mill shall be provided with 1 of the following safety trip devices to actuate braking equipment:

(a) A pressure sensitive bar which can be tripped by not more than a 40-pound pressure of an employee's body. The bar shall be installed at the front and back of the mill across the length of the rolls of each mill roll having a height of 46 inches or more. (See figure 1)

(b) A safety rod or safety cable installed at the front and back of a mill and located within 2 inches of a vertical plane tangent to the front and rear rolls. The safety rod or cable shall not be more than 72 inches from the floor of the operator's work level and operate with either a push or pull motion.

(2) A mill having automatic overhead blending rolls shall have the blender interlocked to the mill so that actuation of the mill safety device will stop the blender.

(3) A safety device, after actuation, shall require manual resetting.

(4) A laboratory mill may be guarded by an interlocked barrier in lieu of the requirements of subrule (1).

FIGURE 1

Installation of Pressure-Sensitive Body Bar This illustration shows relative position of a man to the pressure-sensitive body bar and the working roll. The body bar is positioned so that the man cannot reach the danger point on the face of the roll without tripping the safety switch.

The danger point is determined as follows:

W represents the thickness of a man’s fingers.

X represents the maximum allowable stopping distance.

Y and Z dimensions are such that the man cannot reach the danger point.

A force equal to approximately 40 lbs (in the direction of the arrow) is required to actuate the safety switch.

Editor's Note: An obvious error in R 408.16541 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Administrative Code, 1979. The memorandum requesting the correction was published in Michigan Register, 2016 MR 1.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16542 Mill stopping limits {#sec-r-408.16542 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16542}

Rule 6542. A mill, regardless of roll size or roll arrangement, shall be stopped by braking equipment within a distance, measured in inches of surface travel of the faster roll, of not more than 1 1/2% of the peripheral no-load surface speed of the roll as determined in feet per minute. (See figure 2)

FIGURE 2

MAXIMUM ALLOWABLE MILL STOPPING DISTANCES

FOR VARIOUS ROLL SPEEDS

All measurements on mills shall be taken with the rolls running empty at maximum operating speed. Stopping distances shall be expressed in inches of surface travel of the faster roll from the instant the emergency stopping device is actuated.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16545 Calender safety devices {#sec-r-408.16545 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16545}

Rule 6545. (1) Except where an employee cannot come in contact with a roll nip point or be caught between a roll and an adjacent object because of a fixed installation, a calender shall be provided with the following safety trip devices to actuate braking equipment:

(a) A safety rod or cable located across each pair of inrunning rolls and extending the length of the rolls. The device shall operate with either a push or pull motion. The safety tripping devices shall be located within reach of the operator at the bite.

(b) A safety cable shall be run vertically on both sides of the calender and connected to the safety switch. The cable shall be not more than 12 inches from the face of the rolls and not less than 2 inches from the calender frame. The cable shall be anchored not more than 6 inches from the floor and operated with either a push or pull motion.

(2) A safety device, after actuation, shall require manual resetting.

History

• History: 1979 AC.

Mich. Admin. Code R 408.16546 Calender stopping limits {#sec-r-408.16546 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16546}

Rule 6546. A calender, regardless of size or configuration, shall be stopped by braking equipment within a distance, measured in inches of surface travel of the fastest roll, of not more than 1 3/4% of the peripheral no-load surface speed of the calender rolls as determined in feet per minute. (See figure 3)

FIGURE 3

MAXIMUM ALLOWABLE CALENDER STOPPING DISTANCES

FOR VARIOUS ROLL SPEEDS

All measurements on calenders shall be taken with the rolls running empty at maximum operating speed. Stopping distances shall be expressed in inches of surface travel of the fastest roll from the instant the emergency stopping device is actuated.

History

• History: 1979 AC.

R 408.16901 to R 408.16902 Part 69. Compressed Gases, Acetylene, Hydrogen, Oxygen, and Nitrous Oxide

Mich. Admin. Code R 408.16901 Rescinded {#sec-r-408.16901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16901}

LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445,2011, 445.2025, and 445.2030)

PART 69. COMPRESSED GASES:

ACETYLENE, HYDROGEN, OXYGEN, AND NITROUS OXIDE

History

• History: 1982 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.16902 Adoption of standards by reference {#sec-r-408.16902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.16902}

Rule 6902. (1) The following federal occupational safety and health administration’s regulations promulgated by the United States department of labor are adopted by reference in this rule:

(a) The provisions of 29 C.F.R. §1910.101, “Compressed Gases, general requirements.” as amended on March 7, 1996.

(b) The provisions of 29 C.F.R. §1910.102, “Acetylene,” as amended on March 5, 2012.

(c) The provisions of 29 C.F.R. §1910.103, “Hydrogen,” as amended on December 14, 2007. The specifications for electrical equipment are contained and referenced in the following:

(i) General Industry Safety Standard Part 39 “Design Safety Standards For Electrical Systems,” R 408.13901 to 1910.399.

(ii) General Industry Safety Standard Part 40 “Electrical Safety-related Work Practices,”

R 408.14001 to R 408.14009.

(d) The provisions of 29 C.F.R. §1910.104, “Oxygen,” as amended on March 7, 1996.

(e) The provisions of 29 C.F.R. §1910.105, “Nitrous Oxide,” as amended on March 7, 1996.

(2) The OSHA adopted regulations are available from the United States Department of Labor, Occupational Safety and Health Administration, 315 West Allegan, Room 315, Lansing, Michigan, 48917, or via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The MIOSHA referenced standards are available from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, or via the internet at website: www.michigan.gov/mioshastandards, at no charge as of the time of adoption of these rules. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 1998-2000 AACS; 2010 AACS; 2012 AACS.

R 408.17101 to R 408.17163 Part 71. Laundry and Dry Cleaning Machinery and Operations

Mich. Admin. Code R 408.17101 Scope {#sec-r-408.17101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 71. LAUNDRY AND DRY CLEANING MACHINERY AND

OPERATIONS

GENERAL PROVISIONS

Rule 7101. This part provides for the safe maintenance and operation of laundry and dry cleaning machinery and equipment by the employer and their safe use by an employee in, around, and about a place of employment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17103 Definitions; A to E {#sec-r-408.17103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17103}

Rule 7103. (1) "Aisle" means a path of travel for employees and material handling equipment.

(2) "Beater" means a device for relieving wrinkles in fabrics.

(3) "Centrifugal extractor" means a power driven machine used to remove surplus moisture from fabrics by centrifugal action.

(4) "Dampening machine" means a machine for dampening fabrics.

(5) "Dry cleaning" means the process of cleaning fabrics by use of nonaqueous liquid solvents in machines and may include the drying and pressing of them.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17104 Definitions; F to H {#sec-r-408.17104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17104}

Rule 7104. (1) "Fabrics" means clothing, household items and other articles made from textiles.

(2) "Flammable solvent" means a liquid which has a flash point less than 140 degrees Fahrenheit.

(3) "Folding machine" means a machine which folds fabrics.

(4) "Hot patch machine" means equipment which applies a patch or label to fabric by use of heat and pressure.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17105 Definitions; I to M {#sec-r-408.17105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17105}

Rule 7105. (1) "Ironer" means a hand or power operated machine with 1 or more rolls or heated surfaces in contact for drying and smoothing fabrics.

(2) "Laundromat" means an establishment having washing machines, drying tumblers, dry cleaning machines, extractors or presses which may be operated by an employee or the public.

(3) "Laundry" means an establishment where the cleaning of fabrics is accomplished by use of water, soaps or detergents in machines and may include the drying, starching and ironing of them.

(4) "Marking machine" means a machine used for marking fabrics.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17106 Definitions; P {#sec-r-408.17106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17106}

Rule 7106. (1) "pH" means to express numerically the degree of acidity or alkalinity of a solution with neutrality indicated as 7. A number lower than 7 would mean increasing acidity and a number greater than 7 would mean increasing alkalinity.

(2) "Personal protective equipment" means the apparel worn by the employee to protect his person from injury.

(3) "Pinch point" means a point at which it is possible to be caught between the moving parts of a machine or between moving and stationary parts of a machine.

(4) "Point of operation" means the area of a machine where material is actually worked.

(5) "Power wringer" means a machine with 1 or more rolls used for removing surplus moisture from fabrics.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17107 Definitions; S, T {#sec-r-408.17107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17107}

Rule 7107. (1) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress when in use.

(2) "Screw conveyor" means a fixed powered rotating device suspended above a floor or platform used to convey fabrics on hangers.

(3) "Squeeze extractor" means a machine which removes excess liquid by a compacting or squeezing action.

(4) "Starching machine" means a power driven machine used for starching fabrics.

(5) "Tying machine" means equipment which automatically ties bundles.

(6) "Tumbler" means a machine used to shake out, condition or dry fabrics by tumbling them in a revolving cylinder.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17111 Employer responsibility {#sec-r-408.17111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17111}

Rule 7111. An employer shall do all of the following:

(a) Provide training to an employee as to the hazards and safe operation of the assigned job.

(b) Maintain machinery, building, ramp, platform, and aisles in a condition free of recognized hazards.

(c) Provide face and eye protection, as prescribed in Part 33. Personal Protective Equipment, being R 408.13301 et seq. of the Michigan Administrative Code.

(d) Provide to an employee, at no expense to the employee, aprons, gloves, and other protective equipment where an acid having a pH of less than 4.0 or a caustic having a pH of greater than 10.0 is handled.

History

• History: 1979 AC; 1981 AACS; 1983 AACS.

Mich. Admin. Code R 408.17112 Employee responsibility {#sec-r-408.17112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17112}

Rule 7112. An employee shall:

(a) Use personal protective equipment when furnished by the employer.

(b) Not use machinery or equipment unless authorized and trained in its use.

(c) Not remove guards from machinery and equipment except when necessary for servicing. The guard shall be replaced before restarting the machine.

(d) Report defective machinery, equipment and hazardous conditions, when detected, to the employer.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17121 Illumination {#sec-r-408.17121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17121}

Rule 7121. Illumination shall be provided at the operator's work station to maintain a minimum of 20 footcandle intensity.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17122 Floors and aisles {#sec-r-408.17122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17122}

Rule 7122. An aisle for combined usage of an employee and powered stock moving equipment shall be 3 feet wider than the widest load moved. The outline of the aisle shall be marked or otherwise indicated.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.17123 Rescinded {#sec-r-408.17123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17123}

History

• History: 1979 AC; 1982 AACS; 1983 AACS.

Mich. Admin. Code R 408.17124 Rescinded {#sec-r-408.17124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17124}

History

• History: 1979 AC; 1982 AACS; 1983 AACS.

Mich. Admin. Code R 408.17125 Rescinded {#sec-r-408.17125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17125}

History

• History: 1979 AC; 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.17126 Hot surfaces {#sec-r-408.17126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17126}

Rule 7126. Steam and hot water pipes and surfaces of machinery, except those coming into contact with the fabric being processed, which would cause burns if exposed to contact shall be covered with a heat resistive or insulating material or guarded by a barrier.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17127 Relief valves {#sec-r-408.17127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17127}

Rule 7127. (1) Where a pressure reducing valve is used, not less than 1 relief valve shall be provided adjacent to the reducing valve on the low pressure side.

(2) The relief valve shall vent to an area which will not create a hazard to an employee. The vent shall be the same size as the relief valve outlet and as short and direct as possible.

(3) The combined discharge capacity of relief valves shall be such that the pressure rating of the lower pressure piping and equipment will not be exceeded if the reducing valve should fail to function.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17128 Steam pressure procedures {#sec-r-408.17128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17128}

Rule 7128. (1) Steam valves to machinery shall be cracked open for several minutes and then opened slowly to avoid uneven expansion of a pressure chamber.

(2) The rated operating steam pressure of a machine shall not be exceeded.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17129 Hydraulic safety {#sec-r-408.17129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17129}

Rule 7129. A hydraulic system of piping, hose and their component parts shall have a designed safety factor of 4.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17130 Fire safety {#sec-r-408.17130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17130}

Rule 7130. (1) Fabrics which contain a combustible vapor or fluid first shall be rinsed in cold water or maintained not less than 25 feet from spark producing equipment or open flame.

(2) Smoking shall be prohibited except in designated areas. "NO SMOKING" signs shall be posted in these prohibited areas.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17131 Material handling {#sec-r-408.17131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17131}

Rule 7131. (1) A mechanism used to tilt tote boxes shall be enclosed by a standard barrier on 3 sides.

(2) Where a chain or cable sling or metal bale is used in connection with lifting by a powered hoist, the hook of the hoist shall be equipped with a safety latch.

(3) A screw conveyor less than 8 feet from a floor or platform shall be equipped with a barrier on each side the entire length of the conveyor.

The barrier shall project not less than 1 1/2 inches above and below the conveyor to prevent hair entanglement.

SPECIFIC PROVISIONS--LAUNDRY

History

• History: 1979 AC.

Mich. Admin. Code R 408.17141 Marking machine and label remover {#sec-r-408.17141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17141}

Rule 7141. A marking machine or label remover with an opening of more than 1/4 inch shall be guarded by 1 of the following:

(a) A spring compression device designed to prevent injury if the fingers are caught between the marking plunger and the platen.

(b) A control device requiring concurrent use of both hands to operate the machine.

(c) A barrier designed to prevent contact with the marking plunger.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17142 Washing machines {#sec-r-408.17142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17142}

Rule 7142. (1) The outer door of a double cylinder washing machine shall be interlocked to prevent the inside cylinder from moving when the outer door is open and also to prevent opening the outer door when the inside cylinder is in motion. The use of an inch control is permissible.

(2) A single cylinder washing machine shall be guarded as prescribed in R 408.17146.

(3) A washing machine shall have a device for holding the outer and inner doors open for loading and unloading.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17143 Extractors {#sec-r-408.17143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17143}

Rule 7143. (1) A rotating extractor shall be equipped with a metal cover interlocked in a manner so as to prevent opening it when the basket is in motion or to prevent power operation of the basket when the cover is open.

(2) A rotating extractor shall not be operated at a speed in excess of the rated speed, which speed shall be permanently marked on the machine.

Where the rated speed is not available, table 1 shall be followed:

(3) A rotating extractor shall be:

(a) Equipped with a braking device.

(b) Secured to the floor or foundation to prevent lateral movement.

(c) Loaded in a manner to keep the extractor in balance.

(d) Inspected not less than once a year at points of wear such as, but not limited to, the basket, rings, and cover, and repaired where defects that are a hazard are found.

(4) A squeeze extractor shall be equipped with:

(a) A cover interlocked to the compacting mechanism which shall prevent the removal of the cover until the pressure has been relieved.

(b) A 2-hand control device which shall be operated concurrently to activate the cover placement.

(5) A steam, hydraulic, or pneumatic-type squeeze extractor shall be equipped with a pressure relief valve set to open if the applied pressure is 10% more than the maximum rated operating pressure. The maximum operating pressure shall be permanently labeled or marked on the machine.

(6) Table 1 reads as follows:

TABLE 1 30-inch diameter extractor -- 1200 r.p.m. 40-inch diameter extractor -- 900 r.p.m. 48-inch diameter extractor -- 750 r.p.m. 60-inch diameter extractor -- 500 r.p.m.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.17144 Combination washer-extractor {#sec-r-408.17144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17144}

Rule 7144. A combination washer-extractor shall be:

(a) Equipped with a braking device.

(b) Equipped with a steel door interlocked to the drive mechanism which will prevent opening the door while the cylinder is in motion and prevent operation while the door is open. An inch control is permissible for internal door models to aid loading and unloading.

(c) Mounted on a vibration dampening foundation or be equipped with a device which will shut off the power and apply the brake when the machine is out of balance to a hazardous degree.

(d) Equipped to maintain the doors in an open position during loading and unloading.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17145 Power wringer {#sec-r-408.17145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17145}

Rule 7145. (1) A power wringer shall be equipped with a safety bar or barrier positioned in front of and across the entire front of the first feed or pressure roll so arranged that if the bar or barrier is struck, either the machine will stop or the pressure on the rolls will be relieved.

(2) The stopping distance of the feed or pressure roll measured on the circumference shall be not more than 1/2 of the lineal distance measured from the safety bar or barrier to the pinch point.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17146 Starching machine {#sec-r-408.17146 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17146}

Rule 7146. A starching machine shall be guarded by an enclosure or barrier to prevent contact with the moving cylinder or box.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17147 Rescinded {#sec-r-408.17147 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17147}

History

• History: 1979 AC; 1981 AACS; 1983 AACS.

Mich. Admin. Code R 408.17148 Tumblers; shake out, conditioning, and drying {#sec-r-408.17148 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17148}

Rule 7148. (1) A tumbler shall be equipped with a safety interlock that will prevent energizing the drive motor unless the door is closed. The interlock shall allow for momentary inching the tumbler cylinder to facilitate loading and unloading.

(2) A tumbler shall be provided with a means to prevent accidental closing of the door during loading and unloading.

(3) A tumbler designed without a door, where the work is continuously loaded and discharged, is excepted from subrules (1) and (2).

(4) A single cylinder tumbler shall be guarded as prescribed in R 408.17146.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17149 Steam drying box and cabinets {#sec-r-408.17149 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17149}

Rule 7149. A steam drying box or cabinet having access doors shall be equipped with both inside and outside latches.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17150 Dampening machine {#sec-r-408.17150 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17150}

Rule 7150. A roll dampening machine shall be guarded in a manner which will enclose the rolls and prevent an employee's fingers from entering the pinch point.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17151 Beaters {#sec-r-408.17151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17151}

Rule 7151. A beater on a flat work ironer other than 1 using cloth or canvas beater blades, shall be guarded against accidental contact by the operator.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17152 Folding machine {#sec-r-408.17152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17152}

Rule 7152. (1) A fixed or interlocked removable barrier shall cover the moving parts of a flatwork folding machine.

(2) A small piece folding machine shall have access openings covered and interlocked to the power source, where an employee would be exposed to a hazard such as a chain or belt drive.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17153 Rollers and unrollers {#sec-r-408.17153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17153}

Rule 7153. (1) A towel roller shall be equipped with a barrier made of plastic or expanded metal electrically interlocked to the power source or interlocked to the clutch and designed to prevent entry into the pinch point created by the 2 inrunning rollers, or it shall be equipped with a 2-hand constant pressure control device.

(2) A towel unroller shall be equipped with a barrier to prevent entry of the operator's fingers into the pinch point created by the 2 inrunning rolls, or it shall be equipped with a 2-hand constant pressure control device.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17154 Ironers {#sec-r-408.17154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17154}

Rule 7154. (1) A flatwork ironer shall be equipped with a safety bar or barrier positioned in front of and across the entire front of the first feed or pressure rolls so arranged that striking of the bar or barrier will stop the machine. The stopping distance of the feed or pressure roll measured on the circumference shall be not more than 1/2 of the lineal distance measured from the safety bar or barrier to the pinch point. The ends of the pressure rolls shall be guarded by an enclosure or barrier which will prevent contact by an employee.

(2) A flatwork ironer shall be equipped with an idler roll, sometimes known as a doffer or finger roll, in front of the safety bar or barrier.

(3) A body type roll or shoe type sleeve or band ironer shall be guarded as prescribed in subrule (1). The hot roll or shoe shall be covered as prescribed in R 408.17126 to prevent contact with the heated surfaces.

(4) A rotary body and coat ironer shall be equipped with the safety bar or barrier across the entire front of the feed roll or shoe so arranged that striking the bar or barrier will stop the machine. The hot roll or shoe shall be covered as prescribed in R 408.17126 to prevent contact with the heated surface.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17155 Laundry press {#sec-r-408.17155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17155}

Rule 7155. (1) A laundry press shall be equipped with a control device requiring concurrent use of both hands until the press has closed and the locking device has taken effect.

(2) A laundry press shall be provided with an emergency release bar or button which will instantly release the locking device of the laundry press head.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17156 Vertical pants presser {#sec-r-408.17156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17156}

Rule 7156. A vertical pants presser with a fly clamp, except those manually actuated, shall be equipped with a 2-hand control device for the fly clamp and an interlocked door covering the point of operation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17157 Vertical coverall or shirt press {#sec-r-408.17157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17157}

Rule 7157. A vertical coverall or shirt press having shoulder or yoke clamps shall be equipped with a 2-hand control device.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17158 Sewing machines {#sec-r-408.17158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17158}

Rule 7158. A sewing machine shall be equipped with a permanently attached guard which will prevent a finger from passing between the needle and the pressure foot.

The guard design shall allow threading of the needle without removing the guard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17159 Hot patch machine {#sec-r-408.17159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17159}

Rule 7159. A hot patch machine shall be equipped with a barrier to enclose the point of operation or it shall be equipped with a 2-hand control device.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17160 Tying machine {#sec-r-408.17160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17160}

Rule 7160. A tying machine shall be equipped with an enclosure guard around the path of the moving arm so designed as to eliminate any pinching between the table and the guard or the guard and the arm.

SPECIAL FOR DRY CLEANING

History

• History: 1979 AC.

Mich. Admin. Code R 408.17161 Cover or door interlocks {#sec-r-408.17161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17161}

Rule 7161. (1) An extractor, washer or tumbler used in a dry cleaning operation shall have the covers or doors interlocked to prevent the inside cylinder from moving when the cover or door is open. On an extractor, the interlock shall also prevent the outer door being opened while the inside cylinder is in motion.

(2) A combination dry cleaning machine, wherein the washing and extraction cycles are completed within the same enclosure, shall be equipped with a splashproof cover or door which shall be interlocked as prescribed in subrule (1).

History

• History: 1979 AC.

Mich. Admin. Code R 408.17162 Extractors {#sec-r-408.17162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17162}

Rule 7162. An extractor shall not be operated in excess of its rated speed. If the rated speed is unavailable, table 1 of R 408.17143 shall be followed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17163 Dry cleaning press {#sec-r-408.17163 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17163}

Rule 7163. (1) A dry cleaning press may be actuated by use of 1 hand, but when pressure is increased or a locking device is actuated, 2-hand controls shall be used concurrently.

(2) A dry cleaning press shall be provided with an emergency release bar or button which will instantly release the ironing press head from its closed position.

History

• History: 1979 AC.

R 408.17201 to R 408.17253 Part 72. Automotive Service Operations

Mich. Admin. Code R 408.17201 Scope {#sec-r-408.17201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of Act No. 154 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 72. AUTOMOTIVE SERVICE OPERATIONS

Rule 7201. This part sets forth rules for the safe maintenance and operation of equipment in, around, and about places of employment where vehicles or tire and wheel assemblies are serviced, repaired, and salvaged. Manufacturing, research, and development facilities are excluded.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.17204 Definitions; A to E {#sec-r-408.17204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17204}

Rule 7204. (1) "Automotive lift" means a vehicle lifting device, the purpose of which is to raise an entire vehicle to provide accessibility for convenient under chassis service.

(2) "Class I flammable liquid" means those having a flash point below 100 degrees Fahrenheit. Representative examples of class I liquid are: ether, gasoline, lacquer thinner, acetone, and methyl acetate.

(3) "Combustible" means to be readily ignitable and easily burnable.

(4) "Extractor" means a machine, except a vacuum cleaner, used to remove moisture from fabrics.

Editor's Note: An obvious error in R 408.17204 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Administrative Code 1979. The memorandum requesting the correction was published in Michigan Register, 2016 MR 3.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17205 Definitions; F to L {#sec-r-408.17205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17205}

Rule 7205. (1) "Flammable liquid" means a liquid having a flash point less than 100 degrees Fahrenheit and having a vapor pressure of not more than 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

(2) "Jack" means a portable mechanical or hydraulic device for lifting or lowering a load by application of a force.

(3) "Lockout" means to lock by key or padlock.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17206 Definitions; P to S {#sec-r-408.17206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17206}

Rule 7206. (1) "Pinch point" means a point at which it is possible to be caught between the moving parts of a machine, between moving and stationary parts of a machine, or between a moving object and a stationary object.

(2) "Restraining device" means a mechanical apparatus, such as a safety cage, rack, or safety bar arrangement or other machinery or equipment, that will constrain all rim wheel components following their release during an explosive separation of the wheel components.

(3) "Rim manual" means a publication containing instructions from the manufacturer or other qualified organization for the correct mounting and demounting, maintenance, and safety precautions peculiar to the type of wheel being serviced.

(4) "Safeguard" means a device or part of a product designed for the protection of equipment or an employee.

(5) "Safety factor" means the ratio of the breaking strength of a piece of material or object to the maximum designed load or stress applied when in use.

(6) "Service" means to adjust, install, repair, replace, wash, wax, change or exchange, polish, sand, grind, refinish, paint, or coat.

(7) "Single-piece rim wheel," for purposes of this part, means a vehicle wheel or rim which consists of 1 part, which is designed to hold the tire on the rim when the tire is inflated, and which is intended for use with tires designed for an inflation pressure of more than 44 psig.

History

• History: 1979 AC; 1990 AACS.

Mich. Admin. Code R 408.17207 Definitions; V to Y {#sec-r-408.17207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17207}

Rule 7207. (1) "Vehicle" means a powered conveyance operating on 2 or more wheels, including, but not limited to, an automobile, truck or trailer.

(2) "Wet operations" means those operations which involve the drainage, splash or running of liquids such as, but not limited to those found in car washing or dipping of radiators in solutions.

(3) "Yield point" means the point where material begins to take a permanent deformation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17211 Employer responsibility {#sec-r-408.17211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17211}

Rule 7211. An employer shall do all of the following:

(a) Provide training to an employee as to the hazards, safe operations of the assigned job, and applicable rules of this part.

(b) Assure that job required tools, equipment, and the work area are maintained in a manner free of recognized hazards which would cause an injury.

(c) Prohibit smoking, flames and sparks within 15 feet of where Class I flammable liquids are dispensed or used, unless separated by an approved wall. “No Smoking” signs shall be posted in these restricted areas.

(d) Not circumvent, bypass, or make inoperative any safeguard unless required during servicing. The safeguard shall be replaced before resuming operation of the equipment.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17212 Employee responsibility {#sec-r-408.17212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17212}

Rule 7212. An employee shall do all of the following:

(a) Use tools and equipment only when authorized and trained in their use.

(b) Report employers’ defective tools and equipment and hazardous conditions, when detected, to the supervisor.

(c) Maintain all personal tools, equipment, and work area in a manner to prevent a hazardous condition.

(d) Not use any device emitting air or other material in a manner which may inject a foreign material into a human body part.

(e) Use tools and equipment within their rated capacity.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17213 Personal protective equipment {#sec-r-408.17213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17213}

Rule 7213. (1) An employer shall provide and an employee shall wear eye protection in accordance with and as prescribed in the General Industry Safety Standards Part 33. Personal Protective Equipment, R 408.13301 to R 408.13398 of the Michigan Administrative Code.

(2) Other personal protective equipment including, but not limited to, rubber gloves, aprons, boots, welding helmets and respirators shall be provided by the employer and worn by the employee to protect against the hazards of wet operations, welding and cutting, radiator cleaning, battery charging, and spray painting.

(3) Where corrosive liquids or other liquid materials that would be harmful to an employee are normally used and where an employee is exposed to splash of the materials, a readily accessible means of flushing with water shall be provided.

(4) Cloth shoes, open sandals, and exposed rings and necklaces shall not be worn in the work area. A ring may be worn if covered by gloves or tape.

Editor's Note: An obvious error in R 408.17213 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Administrative Code 2013. The memorandum requesting the correction was published in Michigan Register, 2016 MR 3.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17221 Illumination {#sec-r-408.17221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17221}

Rule 7221. When hazardous work is performed where a hazard could be lessened by adequate lighting, a minimum of 25 footcandles intensity shall be provided.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17222 Machinery and equipment installation {#sec-r-408.17222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17222}

Rule 7222. (1) Electrically powered machinery or equipment, other than double insulated equipment, shall be grounded.

(2) Nonportable machinery or equipment shall be secured to the floor, platform, table, or bench to prevent displacement or tipping.

(3) Machinery or equipment shall be equipped with a disconnect switch which shall be locked in the off position, unless the machinery or equipment is equipped with a plugin cord which shall be disconnected and tagged, when the machinery or equipment is repaired or serviced if unexpected motion would cause injury.

(4) Machinery and equipment equipped with a foot control shall be provided with a cover or guard to prevent unintentional operation of the machinery or equipment where such operation would cause injury. The cover or guard shall be capable of withstanding a static load of 200 pounds without permanent deformation. The edges of the cover of the guard shall be rolled, broad, or covered to prevent injury or discomfort due to contact by the operator’s foot or leg.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17223 Housekeeping {#sec-r-408.17223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17223}

Rule 7223. (1) Until disposal is made, wiping cloths, when soiled from oil, grease, paints, or solvents, shall be placed in their own covered metal container, which shall be labeled or identified as combustible material.

(2) Rubbish shall be placed in containers. The container for combustible rubbish shall be of metal.

(3) Floors shall be maintained free of water, oil, grease, and paint or other accumulations which would cause a slipping, tripping, or falling hazard.

(4) After a vehicle is serviced, tools, loose parts, materials and general debris shall be cleaned up and placed in their designated places.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17224 Ventilation and air receivers {#sec-r-408.17224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17224}

Rule 7224. (1) Ventilation shall be provided and used to exhaust toxic vapors or fumes if such vapors or fumes exceed the maximum allowable limits prescribed by a department of public health rule.

(2) The blades of a fan less than 7 feet from a floor, platform or ground shall be guarded on all sides. Openings in a guard shall be not more than 1 inch and the distance shall be not less than the values in table 1.

(3) A fan shall not be located where fumes of flammable liquids can be induced into an area where sparks or flame may be present.

(4) An air receiver shall be equipped with an operable relief valve set at not more than the working load limit of the receiver.

Table 1 Smallest dimension in guard (in):

Minimum distance from guard to blade Greater than 0 up to 1/4 inclusive. 1/2 inch Greater than 1/4 up to 3/8 inclusive. 1 1/2 inches Greater than 3/8 up to 1/2 inclusive. 2 1/2 inches Greater than 1/2 up to 3/4 inclusive. 4 inches Greater than 3/4 up to 1 inclusive 6 times the smallest dimension

History

• History: 1979 AC.

Mich. Admin. Code R 408.17225 Flammables, painting and coating {#sec-r-408.17225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17225}

Rule 7225. (1) A Class I flammable solvent stored inside a building shall be in an approved safety can with an automatic closing cap and flame arrestor or original unopened container having a capacity of not more than 5 gallons. Quantities in excess of 5 gallons shall be stored as prescribed by flammable liquid regulations of the fire marshal promulgated under 1941 PA 207.

(2) When pouring a flammable solvent from 1 container to another, continuous contact between the containers shall be maintained or a bonding or grounding strap shall connect the containers.

(3) A Class I flammable solvent shall not be used for cleaning tools, parts, floors, or booths.

(4) When a flammable liquid is removed from a vehicle tank, an approved pumping device equipped with a ground strap shall be used.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17226 Belt servicing {#sec-r-408.17226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17226}

Rule 7226. An employee adjusting or testing the tension of a belt or installing or removing a belt on a vehicle, shall do so when the motor is off and without turning the engine over.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17227 Rescinded {#sec-r-408.17227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17227}

SPECIFICS

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17231 Rescinded {#sec-r-408.17231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17231}

Oct. 18, 1977.

History

• History: 1954 ACS 82, Eff. Dec. 31, 1974; rescinded 1954 ACS 93, Eff.

Mich. Admin. Code R 408.17232 Cranes and winches, hoists, and chain falls {#sec-r-408.17232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17232}

Rule 7232. (1) A crane, hoist and chain fall or winch, fixed or portable, shall have affixed to it a permanent tag showing the rated capacity and name of manufacturer and, if available, the model and serial numbers.

(2) A crane, hoist and chain fall or winch shall not be used to lift more than its rated capacity.

(3) Wire rope or cable used on a crane, hoist or winch shall be inspected monthly, and shall be replaced if:

(a) In any length of 8 diameters, the total number of visible broken wires exceeds 10% of the total number of wires.

(b) The wire rope or cable has been kinked, crushed or bird caged or sustained other damage which distorts the wire rope structure.

(c) The wire rope or cable shows heat or corrosive damage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17233 Wreckers {#sec-r-408.17233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17233}

Rule 7233. (1) A wrecker cable and boom shall have a designed safety factor of not less than 5.

(2) Wire rope or cable used on a wrecker shall be inspected as prescribed in R 408.17232(3).

(3) A wrecker pulling or lifting a vehicle shall be used within its rated capacity.

(4) When pulling a vehicle with a wrecker cable, the employee shall stand aside from the line of pull.

(5) When towing a boom supported vehicle, safety chains shall be connected between the wrecker and the towed vehicle.

(6) A wrecker boom shall be equipped with a permanent tag showing rated capacity and name of manufacturer and, if available, the model and serial numbers.

Where this information is not available, an outside source, knowledgeable in wrecker booms, shall be used to determine the rated capacity which shall be permanently labeled on the wrecker boom. The boom shall be installed on the vehicle in a manner capable of sustaining the imposed load.

(7) The winch controls shall be located in a manner to prevent accidental contact with cable and winch pinch points or the pinch point shall be guarded.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17234 Jacking and blocking {#sec-r-408.17234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17234}

Rule 7234. (1) A vehicle being serviced, adjusted or repaired while the motor is running shall have 2 wheels chocked from front and rear or parking brake set or other vehicle restraint controls provided.

(2) An employee shall not place his body under a vehicle supported only by a jack, overhead hoist or chain fall. Safety stands having a yield point of not less than 1 1/2 times its rated capacity shall be used to support the vehicle.

(3) A jack shall not be used to lift more than its rated capacity.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17235 Rim wheel servicing {#sec-r-408.17235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17235}

Rule 7235. (1) An employer shall ensure that each employee who is engaged in servicing multi-piece and single-piece rim wheels demonstrates and maintains his or her ability to service the rims safely and in accordance with these rules.

(2) All wheel components shall be inspected before assembly. Rims, rim bases, side rings, or lock rings that are bent out of shape, pitted from corrosion, broken, or cracked shall not be used or welded, brazed, or otherwise heated in an attempt to repair them. The defective components shall be rendered unusable for tire mounting.

(3) Tires shall be completely deflated by removing the components.

(4) A restraining device, as defined in R 408.17206(2), shall be provided by the employer and maintained in a safe condition and shall be in compliance with all of the following requirements:

(a) Each restraining device or barrier shall have the capacity to withstand the maximum force that would be transferred to it during a rim wheel separation that occurs at 150% of the maximum tire specification pressure for the type of rim wheel being serviced.

(b) Restraining devices and barriers shall be capable of preventing the rim wheel components from being thrown outside or beyond the device or barrier for any rim wheel that is positioned within or behind the device.

(c) Restraining devices and barriers shall be visually inspected before each day's use and after any separation of the rim wheel components or sudden release of contained air. A restraining device or barrier that exhibits evidence of damage, such as any of the following defects, shall be immediately removed from service:

(i) Cracks at welds.

(ii) Cracked or broken components.

(iii) Bent or sprung components caused by mishandling, abuse, tire explosion, or rim wheel separations.

(iv) Pitting of components due to corrosion.

(v) Other structural damage that would decrease the effectiveness of the restraining device or barrier.

(d) A restraining device or barrier that is removed from service shall not be returned to service until it is repaired and reinspected. A restraining device or barrier that requires structural repair, such as component replacement or rewelding, shall not be returned to service until it is certified by either the manufacturer or a registered professional engineer that the device or barrier meets the strength requirements specified in subdivision (a) of this subrule.

(5) A clip-on chuck with a sufficient length of hose to permit the employee to stand clear of the potential trajectory (see figure 1) of the wheel components and an inline valve with a gauge or a pressure regulator preset to the desired pressure shall be furnished by the employer and used to inflate tires.

(6) Industry-accepted tire lubricant shall be applied to the bead and the rim mating surfaces during assembly of the tire and wheel.

(7) When a tire is in a restraining device, an employee shall not rest or lean any part of his or her body or equipment on or against the device.

(8) An attempt shall not be made to correct the seating of the wheel components, rim, rim base, or side and lock rings by hammering, striking, or forcing the components while the tire is pressurized.

(9) Heat shall not be applied to an inflated wheel tire assembly.

(10) Figure 1 reads as follows:

Figure for 408.17235

History

• History: 1979 AC; 1990 AACS; 1993 AACS.

Mich. Admin. Code R 408.17236 Multi-piece rim wheels {#sec-r-408.17236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17236}

Rule 7236. (1) Wheel components shall not be interchanged except as permitted pursuant to the publication entitled “Multi-piece Rim/Wheel Matching Chart” or any other publication containing, at a minimum, the same instructions, safety precautions, and information as the charts identified in subrule (2) of this rule.

(2) The publications entitled “Multi-piece Rim/Wheel Matching Chart” and “Safety Precautions for Mounting and Demounting Tube/Type Truck Tires,” as revised January 1978, which are hereby incorporated in these rules by reference, shall be accessible and available in the service area. These publications are available from the United States Department of Labor, Occupational Safety and Health Administration, 315 West Allegan, room 315, Lansing, Michigan, 48917, or via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules. These publications are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Mating surfaces of the rim gutter ring shall be free of any dirt, surface rust, scale, or rubber buildup before mounting and inflation.

(4) A tire shall be completely deflated by removal of the valve core before a wheel is removed from the axle in either of the following situations:

(a) When the tire has been driven underinflated at 80% or less of its recommended pressure.

(b) When there is obvious or suspected damage to the tire or wheel components.

(5) Tires shall be inflated only when constrained by a restraining device, except when the wheel assembly is on a vehicle. Tires may be inflated without being constrained by a restraining device if remote control inflation equipment is used and no employees remain in the trajectory path during inflation in either of the following situations:

(a) Tires are underinflated, but have more than 80% of the recommended pressure.

(b) Tires are known not to have been run underinflated.

(6) When a tire is being partially inflated without a restraining device for the purpose of seating the lock ring or to round out the tube, such inflation shall not exceed 3 psig (0.21 Kg/cm).

(7) After tire inflation, the tire rim and rings shall be inspected while still constrained in the restraining device to assure they are properly seated and locked.

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.17237 Single-piece rim wheels {#sec-r-408.17237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17237}

Rule 7237. (1) Subrules (2) to (8) of this rule apply to the servicing of single-piece wheel rims used on vehicles such as trucks, trailers, buses, and off-road machines which have a tire inflation pressure that is 45 psig or greater. Subrules (2) to (8) of this rule do not apply to single-piece rim wheels used on automobiles and light-duty trucks or vans utilizing automobile tires.

(2) A rim manual, as prescribed in R 408.17206(2), which contains instructions for the types of wheels serviced shall be available in the service area.

(3) The size and type of both the tire and the wheel shall be checked for compatibility before assembly of the rim and wheel.

(4) Mounting and demounting of the tire shall be done only from the narrow ledge side of the wheel. Care shall be taken to avoid damaging the tire beads while mounting tires on wheels.

(5) If a bead expander is used to seat the beads, it shall be removed before the tire is inflated to more than 10 psig (.7031 Kg/cm).

(6) To seat the bead while the rim wheel is restrained on a tire changing machine, the tire shall not be inflated to more than the operating pressure indicated on the tire or the posted capacity of the machine, whichever is the lesser. If, during inflation, the tire beads do not progress toward the flanges in a normal manner or are not fully seated by the time the tire is inflated to its designated operating pressure, the tire shall be deflated and the rim wheel disassembled. The wheel and tire shall be rechecked for compatibility, relubricated, repositioned, and then reinflated in accordance with this rule.

(7) A tire inflated in accordance with subrule (3) of this rule which reaches the tire changing machine's posted capacity before becoming inflated to its designated operating pressure or which has to be inflated in excess of its operating pressure to fully seat shall be placed in a restraining device positioned behind a barrier or shall be bolted on the vehicle, with lug nuts fully tightened.

(8) Employees shall stay out of the potential trajectory of the wheel when inflating a tire and shall not lean or place a rim wheel on or against any flat solid surface.

History

• History: 1990 AACS.

Mich. Admin. Code R 408.17241 Radiators and gas tanks {#sec-r-408.17241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17241}

Rule 7241. (1) A radiator cap shall not be removed until the pressure has been relieved.

(2) Where radiators are repaired and cleaned by use of caustic solutions, the employee shall be protected by boots, gloves, rubber apron, safety glasses and face shield. A deluge water supply at a fixed location shall be available within 25 feet of the hazard source. This equipment shall be posted: "Emergency Shower."

(3) When the top of an open tank or vat containing a hazardous substance is less than 36 inches from the floor, platform or ground level, a barrier shall be erected to a height of not less than 36 inches on all exposed sides.

(4) Gasoline tanks shall be thoroughly evacuated and maintained free of all explosive vapors or gasoline before commencing welding or soldering repairs.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17243 Transmissions {#sec-r-408.17243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17243}

Rule 7243. When removing or replacing a transmission from below a vehicle, a cradle-type device shall be used to hold and carry the transmission.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17245 Extractors and wringers {#sec-r-408.17245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17245}

Rule 7245. (1) An extractor shall be equipped with a metal cover interlocked in a manner to prevent opening when the basket is in motion and power operation of the basket when the cover is open.

(2) An extractor shall be equipped with a motor brake.

(3) A power wringer used to remove moisture from fabrics shall be equipped with a safety release bar which shall remove the tension of the wringer rolls when struck.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17246 Car wash conveyors {#sec-r-408.17246 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17246}

Rule 7246. (1) A conveyance used to move a vehicle along a line of working equipment or moving such equipment along a vehicle, shall have the conveyor, track or chain outlined by a 4-inch strip of yellow zone paint or other warning means located within 8 inches of the hazardous area.

(2) Pinch points exposed to contact shall be guarded as prescribed by the General Industry Safety Standard Part 14. Conveyors, being R 408.11403 to R 408.11461 of the Michigan Administrative Code.

Editor's Note: An obvious error in R 408.17246 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Administrative Code 1979. The memorandum requesting the correction was published in Michigan Register, 2016 MR 3.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17251 Automotive lift; adoption by reference; auxiliary support device; permanent tag; lifting more than rated capacity prohibited {#sec-r-408.17251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17251}

Rule 7251. (1) An automotive lift installed, or the modification made, after the effective date of this subrule, shall be as prescribed in sections 2, 3, and 5, except paragraph 5.7, of the ANSI Standard, B153.1-1974, Safety Requirements for the Construction, Care and Use of Automotive Lifts, which is incorporated herein by reference and may be inspected at the Lansing office of the department of licensing and regulatory affairs. This standard may be purchased at a cost of $20.00 from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800- 854-7179 or via the internet at website: http://global.ihs.com.

(2) When an employee is required to work underneath a vehicle supported by a hydraulic lift, installed before the effective date of this part, the lift shall be used only when an auxiliary support device is engaged and capable of supporting the rated capacity of the lift.

(3) An automotive lift purchased after December 28, 1974, shall have affixed to it a permanent tag showing the name of the manufacturer, model number, serial number, and rated capacity.

(4) An automotive lift purchased before December 28, 1974, shall be equipped with a permanent tag showing the name of the manufacturer and its rated capacity. Where this information is not available, an outside source knowledgeable in automotive lifts shall be used to determine the rated capacity. The capacity shall be permanently labeled on the lift.

(5) An automotive lift shall not be used to lift more than its rated capacity.

Editor's Note: An obvious error in R 325.51880 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 10. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17252 Automotive lift; inspections {#sec-r-408.17252 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17252}

Rule 7252. (1) Wire rope used on a mechanical-type lift shall be inspected as prescribed in R 408.17232(3).

(2) Effective December 31, 1976, the following items shall be inspected and the inspections shall be repeated not less than annually thereafter: the bolster, bolster connections, lifting arms and pads, lift control devices, oil reservoir level, cylinder packing, and all other critical components. Defects shall be repaired before the hoist is returned to service.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17253 Automotive lift; color coding obstructions or hazards in work area; vehicle positioning means; corrosive protective methods {#sec-r-408.17253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17253}

Rule 7253. (1) Fixed obstructions, protrusions, and other tripping or stumblingtype hazards located in the work area of a lift shall be color-coded as prescribed in rule 18 of General Industry Safety Standard, Part 1. General Provisions being R 408.10018 of the Michigan Administrative Code.

(2) Vehicle positioning means, such as locating ribs, positioning dishes, or floor markings, shall be used with frame axle engaging lifts.

(3) A hydraulic automotive lift cylinder installed underground in a fixed position after the effective date of this amendment shall be protected from possible catastrophic failure by electrolytic corrosion at the bottom of the cylinder. At least l effective means, such as 1 of the following corrosive protective methods, shall be used to protect the cylinder:

(a) The cylinder bottom shall be imbedded in concrete to a depth of not less than 3 inches and with not less than a 1-inch wall thickness.

(b) A square plate which is not less than 1/2 inch greater in diameter than the cylinder bottom and which is thicker than the cylinder wall shall be continuously welded to the cylinder bottom.

(c) The cylinder shall be encased in a watertight electrical insulating housing, wrap, or coating.

(d) The cylinder shall be equipped with a sacrificial anode system sufficient to protect the cylinder.

(4) An electromechanical power lift shall have all of the following devices:

(a) A separate deadman-type raise-lower switch mounted on the power column.

(b) A separate power disconnect switch that is readily accessible to the operator in the lift area.

(c) A device to automatically de-energize the lift when it has reached the limits of its travel.

(5) A screw-driven lift shall be provided with a safety nut to follow the main drive nut, which shall be capable of sustaining the imposed load in the case of failure of the main drive nut.

(6) The lift control mechanism shall automatically return to neutral or "off" position when released by the operator.

Editor's Note: An obvious error in R 408.17253 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 1990. The memorandum requesting the correction was published in Michigan Register, 2016 MR 3.

History

• History: 1979 AC; 1990 AACS.

R 408.17301 to R 408.17322 Part 73. Fire Brigades

Mich. Admin. Code R 408.17301 Scope, adoption, and referenced standards {#sec-r-408.17301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17301}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14r, 16, and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014r, 408.1016, and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 73. FIRE BRIGADES

Rule 7301. (1) This standard is applicable to fire brigades, industrial fire departments, and private or contractual-type fire departments when established by an employer, and provides for the organization, training, and personal protective equipment to be used. This standard does not apply to airport crash rescue operations or forest firefighting operations.

(2) The following National Fire Protection Association (NFPA) standards are adopted by reference in these rules and are available from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169-7471, or via the internet at the following website: www.nfpa.org, at a cost as of the time of adoption of these amendments, as stated in these rules:

(a) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 1997 edition. Cost: $79.50.

(b) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2013 edition. Cost: $74.00.

(c) NFPA 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 2007 edition. Cost: $63.50.

(d) NFPA 1982: “Standard on Personal Alert Safety Systems (PASS),” 2007 edition. Cost: $68.50.

(3) The standards adopted in these rules are also available for inspection at the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1984 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17302 Rescinded {#sec-r-408.17302 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17302}

History

• History: 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17303 Rescinded {#sec-r-408.17303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17303}

History

• History: 1984 AACS; 1998-2000 AACS; 2013 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17305 Definitions; E to I {#sec-r-408.17305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17305}

Rule 7305. (1) “Education” means the process of imparting knowledge or skill through systemic instruction. Education does not require formal classroom instruction.

(2) “Fire brigade” means a private or industrial fire department consisting of an organized group of employees who are knowledgeable, trained, and skilled in at least basic firefighting operations.

(3) “Foam containing PFAS” means firefighting foam containing intentionally added perfluoroalkyl or polyfluoroalkyl substance.

(4) “Incipient stage fire” means a fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, class II standpipe, or small hose systems without the need for protective ensemble or breathing apparatus.

(5) “Interior structural firefighting” means the physical activity for fire suppression or rescue, or both, inside of buildings or structures involved in a fire situation beyond the incipient stage.

History

• History: 1984 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17307 Definitions; P {#sec-r-408.17307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17307}

Rule 7307 (1) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

(2) “Protective ensemble” means multiple elements of clothing and equipment designed to provide a degree of protection for employees from adverse exposures to the inherent risks of structural firefighting.

History

• History: 1984 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17309 Definitions; S to T {#sec-r-408.17309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17309}

Rule 7309. (1) “Small hose system” means a system of hose ranging in diameter from 5/8 ” (1.6 cm) up to 1 ½” (3.8 cm) which is for the use of employees and which provides a means for the control and extinguishment of incipient stage fires.

(2) “Structural firefighting” means activities of rescue, fire suppression, or property conservation inside or outside buildings, structures, equipment, vehicles, vessels, or like properties that are involved in a fire beyond the incipient stage.

(3) “Training” means the process of making proficient through instruction and hands-on practice in the operation of equipment that is expected to be used and in the performance of assigned duties.

History

• History: 1984 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17310 Employer responsibilities {#sec-r-408.17310 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17310}

Rule 7310. (1) The employer having a fire brigade shall prepare and maintain a statement or written policy that establishes the existence of a fire brigade; and the basic organizational structure; the type, amount, and frequency of training to be provided to fire brigade members; the expected number of members in the fire brigade; and the functions that the fire brigade is to perform at the workplace. The statement or written policy shall be available for inspection by the director of the department of labor and economic opportunity or his or her authorized representative and by employees or his or her authorized representatives.

(2) The employer shall ensure that employees who are expected to do structural firefighting are physically capable of performing duties that may be assigned to them during emergencies. The employer shall not permit employees with known heart disease, epilepsy, or emphysema to participate in fire brigade emergency activities unless a physician’s certificate of the employees’ fitness to participate in such activities is provided.

(3) The employer shall provide training and education for all fire brigade members commensurate with those duties and functions that fire brigade members are expected to perform. Such training and education shall be provided to fire brigade members before they perform fire brigade emergency activities. Fire brigade leaders and instructors shall be provided with training and education that is more comprehensive than that provided to the general membership of the fire brigade. Training and education records must be maintained and be made available for inspection by the director of the department of labor and economic opportunity or his or her authorized representative and by an employee or his or her authorized representative.

(4) An employer shall ensure that training and education is conducted frequently enough to ensure that each member of the fire brigade is able to perform the member’s assigned duties and functions satisfactorily and in a safe manner so as not to endanger fire brigade members or other employees. All fire brigade members shall be provided with training at least annually. In addition, fire brigade members who are expected to perform interior structural firefighting shall be provided with an education session or training at least quarterly.

(5) An employer shall inform fire brigade members about hazards, such as the storage and use of flammable liquids and gases, toxic chemicals, radioactive sources, and water reactive substances, to which they may be exposed during a fire and other emergencies. The fire brigade members shall also be advised of any changes that occur in relation to the hazards.

(6) An employer shall develop written procedures that describe the actions to be taken in situations involving hazards and shall include these written procedures in the training and education program. An employer shall make the procedures available for inspection by fire brigade members.

History

• History: 1984 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17312 Firefighting equipment {#sec-r-408.17312 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17312}

Rule 7312. (1) The employer shall maintain and inspect, at least annually, firefighting equipment to ensure the safe operational condition of the equipment.

(2) Inspection records must be maintained for a minimum period of 24 months for firefighting equipment.

(3) The employer shall ensure that firefighting equipment that is in damaged or unserviceable condition is removed from service and replaced.

History

• History: 1984 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17313 Proper use, handling, storage, and containment of firefighting foam concentrate {#sec-r-408.17313 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17313}

Rule 17313. (1) An employer must follow the specific, manufacturer provided safety data sheets (SDSs) for all firefighting foam concentrate that employees may be exposed to and follow best practices regarding the proper use, handling, and storage information.

(2) An employer must prevent intentionally added PFAS containing foam concentrate or foam solution from entering ground water, surface water, or storm drains, as soon as possible. Manual containment strategies used for spills involving a hazardous liquid should be employed. These include blocking storm drains to prevent the contaminated foam/water solution from entering the wastewater system or the environment. Defensive tactics such as damming, diking, and diverting should be employed to get the foam/water solution to an area suitable for containment until it can be removed in accordance with local, state, and federal regulations. Immediately after the end of a fire or other incident at which an organized fire brigade uses firefighting foam containing intentionally added PFAS, the employer must report the incident to the Michigan pollution emergency alert system.

(3) An employer must dispose of materials contaminated by foam containing PFAS pursuant to the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(4) An employer must ensure the decontamination of an employee’s body and equipment as follows:

(a) Post fire response contaminated personal protective equipment (PPE) must be decontaminated as soon as practical. A mild detergent, with a pH of not less than 6 and not greater than 10.5, must be used. The use of chlorine bleach, chlorinated solvents, or other organic solvents is not permitted. Follow manufacturer’s recommended cleaning procedures.

(b) An employee’s exposed skin, including the neck, face, and hands, must be decontaminated, post fire response and whenever exposed to firefighting foam.

Employees must wash exposed skin with a mild soap and rinse thoroughly with water.

(5) An employer must prohibit the use of firefighting foam concentrate containing intentionally added PFAS, by an employee for training purposes.

(6) An employer must prohibit the use of firefighting foam concentrate containing intentionally added PFAS, by an employee, for equipment calibration purposes, unless required by law or the facility where the calibration takes place has implemented appropriate measures.

History

• History: 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17314 Personal protective equipment for structural firefighting {#sec-r-408.17314 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17314}

Rule 7314. (1) The protective ensemble requirements in these rules apply to those employees who perform structural firefighting. The protective ensemble requirements do not apply to employees who only control or extinguish incipient stage fires.

(2) An employer shall provide a protective ensemble that is in compliance with the requirements of this part without cost to an employee. An employer shall ensure that all fire brigade members wear the protective ensemble when performing structural firefighting.

(3) The employer shall ensure that the protective ensemble protects the head, body, and extremities, from hazards that are present or are likely to be present and consists of at least all of the following components:

(a) Foot and leg protection.

(b) Hand protection.

(c) Body protection.

(d) Face, eye, and head protection.

(4) When performing interior structural firefighting, the protective ensemble must meet or exceed the requirements of NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 1997 edition, as adopted in R 408.17301. Effective January 1, 2025, when performing interior structural firefighting, the protective ensemble must meet or exceed the requirements of NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2013 edition, as adopted in R 408.17301.

(5) The protective ensemble must be inspected and cleaned after each use.

(6) An employer shall implement procedures for the inspecting and servicing of the protective ensemble according to the manufacturer’s recommendations.

(7) An employer shall implement a procedure for determining whether the protective ensemble must be repaired or replaced. All repairs must be made in compliance with the manufacturer’s recommendations.

History

• History: 1984 AACS; 1998-2000 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17315 Rescinded {#sec-r-408.17315 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17315}

History

• History: 1984 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17316 Rescinded {#sec-r-408.17316 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17316}

History

• History: 1984 AACS; 1998-2000 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17317 Rescinded {#sec-r-408.17317 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17317}

History

• History: 1984 AACS; 1998-2000 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17318 Rescinded {#sec-r-408.17318 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17318}

History

• History: 1984 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17320 Respiratory protection devices {#sec-r-408.17320 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17320}

Rule 7320. (1) Effective January 1, 2025, when performing interior structural firefighting an employer shall ensure any self-contained breathing apparatus currently in use must meet or exceed the requirements of NFPA 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 2007 edition, as adopted in R 408.17301.

(2) Effective January 1, 2025, an employer shall provide and enforce the use of a Personal Alert Safety Systems (PASS) device to each employee utilizing a self-contained breathing apparatus when performing interior structural firefighting. PASS devices shall meet or exceed the requirements of NFPA 1982: "Standard on Personal Alert Safety Systems (PASS)," 2007 edition, as adopted in R 408.17301.

History

• History: 1984 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2023 MR 20, Eff. Oct. 23, 2023.

Mich. Admin. Code R 408.17322 Rescinded {#sec-r-408.17322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17322}

History

• History: 1984 AACS; 1998-2000 AACS.

R 408.17401 to R 408.17464 Part 74. Fire Fighting

Mich. Admin. Code R 408.17401 Scope {#sec-r-408.17401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17401}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the Michigan department of labor and economic opportunity by sections 14r, 16, and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014r, 408.1016, and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 74. FIREFIGHTING

Rule 7401. This part prescribes rules for training; for the construction, care, and use of equipment; and for the safeguards to be furnished and maintained as it relates to municipal firefighters and equipment. The occupation can be full-time or part-time; for pay or volunteer status.

History

• History: 1979 AC; 2001 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17402 Applicability {#sec-r-408.17402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17402}

Rule 7402. A person who is functioning as a municipal firefighter and who is exposed to the hazards of an emergency operation shall comply with this part.

History

• History: 1979 AC; 1988 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17403 Definitions; A to M {#sec-r-408.17403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17403}

Rule 7403. (1) “Approved label” means a label or other identifying mark of a nationally recognized testing laboratory, such as Underwriters Laboratory, Inc., or Factory Mutual Research Corporation, that maintains a periodic inspection of production of labeled equipment or materials and by whose labeling compliance with nationally recognized standards or tests to determine suitable usage in a specified manner is indicated.

(2) “Aerial apparatus” means a fire department vehicle that is equipped with a power operated extension ladder or elevating platform used for rescue, ventilation, elevated master streams, and gaining access to upper levels and that carries ground ladders, tools, and other equipment.

(3) “Control” means the limitation of worker exposure to exhaust emissions to levels not exceeding applicable MIOSHA exposure limits.

(4) “Controlled process” means an arrangement of equipment to control exhaust emissions by means of any of the following:

(a) A point of source capture of exhaust emissions by a mechanical tailpipe exhaust ventilation system.

(b) A general mechanical exhaust ventilation system in a fire apparatus building bay or bays.

(c) A device that is permanently installed directly on the fire apparatus exhaust system.

(5) “Emergency operations” means a fire or nonfire incident, including, but not limited to, rescues, extrications, hazardous material release, and natural disasters, where fire department response can be anticipated and which subjects firefighters to personal injury or hazards. Vegetative cover fires are not included in this definition.

(6) “Exhaust emissions” means exhaust by-products of combustion, from internal combustion engines, capable of causing occupational illness or disease to a person.

(7) “Fire apparatus” means mobile firefighting equipment including, but not limited to, a pumper/engine, aerial apparatus, a tanker/tender, or any other similar equipment that has fire suppression or rescue as its primary use. A vehicle not designed, equipped, or utilized for emergency operations is not fire apparatus.

(8) “Firefighter” means a member of an organized fire department who is responsible for, or is in a capacity that includes responsibility for, the extinguishment of fires, the directing of the extinguishment of fires, the directing or management of emergency response activities, fire safety prevention inspection, plans examination, fire investigation, hazardous materials response, technical rescue response, airport rescue response, airport rescue firefighting, fire service instruction, and the enforcement of the general fire laws of this state and the community where he or she serves.

(9) “Fire station” means a structure in which fire service equipment is housed and employees may be quartered.

(10) “Foam containing PFAS” means firefighting foam containing intentionally added perfluoroalkyl or polyfluoroalkyl substance.

(11) “Ladder pipe” means a large capacity water delivery device attached to an aerial ladder.

(12) “Municipal” means any public entity.

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17404 Definitions; O to V {#sec-r-408.17404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17404}

Rule 7404. (1) “Operator’s control station” means a work station where the operator of an apparatus, such as an aerial ladder or pumper, is stationed.

(2) “Personal alert safety systems” or “PASS” means a device that is certified as complying with these rules, that senses movement or lack of movement, and that automatically activates an audible alarm signal, which can also be manually activated to alert and to assist others in locating a firefighter or emergency services person who is in danger.

(3) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

(4) “Platform control station” means a work station where the rider of an elevating platform is stationed.

(5) “Physician or other licensed health care professional” or “PLHCP” means an individual whose legally permitted scope of practice based on their license, registration, or certification, allows him or her to independently provide, or be delegated the responsibility to provide, some or all of the health care services.

(6) “Primary control station” means a work station where the operator of apparatus that has an aerial ladder or platform is stationed.

(7) “Protective ensemble” means multiple elements of clothing and equipment designed to provide a degree of protection for firefighters from adverse exposures to the inherent risks of structural firefighting operations and other emergency operations.

(8) “Qualified” means a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

(9) “Structural firefighting” means activities of rescue, fire suppression, and property conservation in buildings, enclosed structures, aircraft, vehicles, vessels, or like properties that are involved in a fire.

(10) “Training” means the process of making firefighters proficient through instruction or hands-on practice, or both, in the operation and care of equipment that is expected to be used and in the performance of assigned duties.

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17405 Adopted and referenced standards {#sec-r-408.17405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17405}

Rule 7405. (1) The following National Fire Protection Association (NFPA) standards are adopted by reference in these rules and are available from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169-7471, or via the internet at the following website: www.nfpa.org, at a cost as of the time of adoption of these amendments, as stated in these rules:

(a) NFPA 1901: “Standard for Automotive Fire Apparatus,” 2009 edition. Cost: $96.60.

(b) NFPA 1983: “Standard on Life Safety Rope and Equipment for Emergency Services,” 2001 edition. Cost: $68.50.

(c) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2007 edition. Cost: $79.50.

(d) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2013 edition. Cost: $74.00.

(e) NFPA 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 1997 edition. Cost: $68.50.

(f) NFPA 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 2007 edition. Cost: $63.50.

(g) NFPA 1982: “Standard on Personal Alert Safety Systems (PASS),” 1998 edition. Cost: $68.50.

(h) NFPA 1982: “Standard on Personal Alert Safety Systems (PASS),” 2007 edition. Cost: $68.50.

(i) NFPA 1403: “Standard on Live Fire Training Evolutions,” 2018 edition. Cost: $57.00.

(j) NFPA 1931: “Standard for Manufacturer’s Design of Fire Department Ground Ladders,” 1994 edition. Cost: $31.00.

(k) NFPA 1932: “Standard on Use, Maintenance, and Service Testing of In-Service Fire Department Ground Ladders,” 2015 edition. Cost: $49.50.

(2) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in these rules plus $20.00 for shipping and handling.

(4) The Michigan Occupational Safety and Health Administration (MIOSHA) standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 2001 AACS; 2013 AACS; 2016 AACS; 2019 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17411 Duties of employer {#sec-r-408.17411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17411}

Rule 7411. (1) An employer shall comply with all of the following requirements:

(a) Ensure that prospective firefighters receive a pre-employment physical conducted by a PLHCP to ensure they have the ability to perform assigned emergency operations.

(b) Ensure that job-required equipment and tools are maintained free of recognized defects that could cause an injury.

(c) Develop a written procedure that covers the treatment and transport of injured employees from the emergency scene to a medical facility.

(d) Comply with the requirements of this part, review with, and make available a copy of this part for employees.

(2) An employer shall prepare and maintain a written policy that establishes its basic organizational structure. The organizational structure must be available for inspection by the director of the department of labor and economic opportunity or his or her authorized representative and by an employee or his or her authorized representative.

R 408.17412. Duties of employee.

Rule 7412. An employee shall do all of the following:

(a) Use personal protective equipment as prescribed by this part.

(b) Report defective equipment, tools, and hazardous conditions to a supervisor.

(c) Not remove safeguards from equipment except when necessary to service. The safeguard or equivalent shall be replaced before returning the equipment to operation.

(d) Not use equipment and tools unless trained in their use and authorized to do so.

(e) Only perform those duties that he or she is trained to do.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.17415 Fire station safety {#sec-r-408.17415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17415}

Rule 7415. (1) The area within 3 feet of the slide pole on all sides must be maintained free of any obstruction. A floor-to-ceiling wall shall not be construed to be an obstruction.

(2) A cushioned mat, not less than 3 feet in diameter, must be located around the base of the slide pole at all times.

(3) A dormitory and any means of egress from the dormitory, apparatus bay, and aisleways must be equipped with an emergency lighting system that must be automatically activated in case of power failure. The system may be operated by battery or generator.

(4) Switches and electrical equipment located in the shower or other areas subject to hazards created by moisture must be approved for the location or removed to a nonhazardous area.

(5) All sleeping quarters must be equipped with an operational smoke detection device and an operational carbon monoxide detection device.

(6) Effective January 1, 2025, all new construction or significantly remodeled facilities (50% or more area) that house a fire apparatus must install a controlled process exhaust ventilation system that will effectively control exhaust emissions created by the fire apparatus. If a general mechanical exhaust ventilation system is utilized, a mechanical air supply system must be provided if its absence will result in building negative pressures sufficient to cause back drafting of vents from fuel-fired equipment.

(7) All equipment used for the control of exhaust emissions from fire apparatus must be used, inspected, and maintained in accordance with the manufacturer’s recommendations.

CONSTRUCTION AND USE OF EQUIPMENT

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17421 Fire apparatus generally {#sec-r-408.17421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17421}

Rule 7421. (1) A fire apparatus must be able to stop within 30 feet after application of the brakes at 20 miles per hour.

(2) A fire apparatus must be equipped with all of the following items:

(a) Windshield wipers.

(b) Head, tail, stop, and backup lights and a backup alarm.

(c) Horn and siren.

(d) Slip-resistant steps, tailboard, and work platforms.

(3) Any employee riding on or in a fire apparatus shall be safely secured by a seat belt or safety harness any time the fire apparatus is in motion. No employee may stand or ride on the tail steps, sidesteps, running boards, or other exposed part of a fire apparatus while the fire apparatus is in motion, except for hose loading operations as provided in this subrule. Hose loading operations may be performed on a moving fire apparatus only when all of the following conditions are met:

(a) Hose loading operations must be specified in a written procedure that includes the conditions set forth in this subdivision. All employees involved in the hose loading operation must be trained in these procedures.

(b) There must be an employee, other than those employees loading the hose, assigned as a safety observer. The safety observer shall have an unobstructed view of the hose loading operation and be in visual and voice contact with the fire apparatus driver.

(c) All vehicular traffic must be excluded from the area or be under the direction of qualified traffic control individuals.

(d) The fire apparatus must be driven at a speed of 5 mph or less.

(e) No employee may stand on the tail step, sidesteps, running boards, or any other location on the fire apparatus while the fire apparatus is in motion unless otherwise allowed by the manufacturer’s specifications.

(f) Employees using a travel restraint system or appropriate fall protection may be in the hose bed, but no employee may stand while the fire apparatus is in motion.

(g) Before each hose loading operation, the situation must be evaluated to ensure compliance with the written procedure. If the written procedure cannot be followed, or if there is any question as to the safety of the operation for the specific situation, the hose may not be loaded on a moving fire apparatus.

(4) Any fire apparatus manufactured and purchased after April 17, 2013, must meet or exceed the requirements of the NFPA 1901: “Standard for Automotive Fire Apparatus,” 2009 edition, as adopted in R 408.17405.

(5) Except on instructions of a designated signalperson, an operator of the fire apparatus shall not move the fire apparatus when his or her vision is obstructed.

(6) A minimum distance of 10 feet from unprotected energized equipment or highvoltage transmission lines, as distinguished from low voltage secondary lines and series streetlight construction, must be maintained when using fire apparatus. The training of firefighters must include development of the ability to recognize and identify primary, high-voltage transmission lines and series street lighting construction.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 MR 8, Eff. April 17, 2013; 2013 MR 11, Eff. June 12, 2013; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17422 Fire apparatus tires and rims {#sec-r-408.17422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17422}

Rule 7422. (1) A thorough visual inspection of the tread and sidewall areas of fire apparatus tires for cuts, cracks, splits, or bruises, including a tread depth measurement, must be made at least annually. A record of this inspection must be maintained for a minimum of 10 years.

(2) A tire must be replaced if 1 of the following occurs:

(a) The average tread depth is worn to 5/32 of an inch or less.

(b) The tread depth at any 1 location is 2/32 of an inch, or less.

(c) A cut or crack exposes the cord fabric.

(3) A replacement tire must meet or exceed the standards of the original tire furnished with the apparatus.

(4) Fire apparatus tires and rims must be inspected inside at least once every 10 years.

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17423 Fire apparatus with elevating platforms {#sec-r-408.17423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17423}

Rule 7423. (1) When an aerial apparatus platform is elevated, parking brakes must be set and stabilizing jacks or outriggers and safety locks must be used. When needed, ground plates must be used under the jack or outriggers.

(2) An instructional information plate, which is clearly visible to the operator, must be located at the operator’s control station. If the aerial is equipped with a platform, then a plate must also be located at the platform control station. The plate must contain all of the following information:

(a) Rated capacity of the aerial tip or platform.

(b) Operating controls identified for motion.

(c) Cautions or restrictions of operation.

(3) An operator shall comply with all of the following provisions:

(a) Remain at the primary control station when the aerial ladder or platform is occupied.

(b) Not move the apparatus unless the ladder or platform is in the bed of the apparatus.

(c) Maintain clearances as required in R 408.17421(6).

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17424 Aerial apparatus {#sec-r-408.17424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17424}

Rule 7424. (1) An aerial apparatus that is equipped with a ladder must not have the ladder extended or retracted when an employee is positioned on the ladder unless otherwise allowed by the manufacturer’s specifications.

(2) While working in a fixed position from an aerial apparatus ladder, an employee shall be secured with a ladder belt system that meets or exceeds the requirements of NFPA 1983: “Standard on Life Safety Rope and Equipment for Emergency Services,” 2001 edition, as adopted in R 408.17405.

(3) The tip of the aerial ladder must not be forcefully extended against a solid object or used to support the ladder.

(4) The steps and rungs of an aerial apparatus must have a slip-resistant surface.

(5) Jacks, outriggers, and safety locks must be used as required in R 408.17423(1).

(6) The rated capacity for an aerial apparatus must not be exceeded.

(7) The operator of an aerial ladder shall comply with all of the following provisions:

(a) Remain at the primary control station when the ladder is occupied.

(b) Communicate to the occupant of the ladder before movement.

(c) Not move the apparatus unless the ladder is in the bed.

(8) The operator of an aerial ladder shall maintain clearances as required in R 408.17421(6).

(9) The controls for the operation of an aerial apparatus must be of a type that returns to a neutral position when released.

(10) Tools or equipment mounted or installed on the turntable must be installed or approved by the manufacturer.

(11) A 2-way voice communication system must be provided between the employee on the raised portion of the equipment and the operator control station.

(12) Detachable ladder pipes must be operated in the direction the ladder is facing.

(13) Ladder pipes must be secured to the ladder so that the pipe cannot be accidentally dislodged while in operation.

(14) An employer shall follow the manufacturer’s instructions and recommendations for the use, testing, and maintenance of aerial apparatus.

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17425 Rescinded {#sec-r-408.17425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17425}

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.17426 Portable ladders {#sec-r-408.17426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17426}

Rule 7426. (1) Effective January 1, 2025, portable ground ladders used in structural firefighting or training for these operations must meet or exceed the requirements of both of the following:

(a) NFPA 1931: “Standard for Manufacturer’s Design of Fire Department Ground Ladders,” 1994 edition.

(b) NFPA 1932: “Standard on Use, Maintenance, and Service Testing of In-service Fire Department Ground Ladders,” 2015 edition.

(2) Portable ladders that are mounted more than 4 feet in height and less than 7 feet in height on a fire apparatus, and that have ends that extend beyond the ladder’s mounting surface or compartment must be protected from contact.

History

• History: 1979 AC; 1988 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2019 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17427 Line throwing guns {#sec-r-408.17427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17427}

Rule 7427. (1) A line throwing gun shall:

(a) Be loaded just prior to firing time.

(b) Not be pointed, loaded or unloaded at any person.

(c) Not be left unattended or stored while loaded.

(d) Be stored in a box with the cleaning kit and breakdown tools.

(2) The storage box shall have the words, "Explosive Tool," conspicuously printed on the top of the box.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17428 Storage of equipment {#sec-r-408.17428 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17428}

Rule 7428. All equipment shall be stored in or on the fire apparatus in a safe manner.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17430 Proper use, handling, storage, and containment of firefighting foam concentrate {#sec-r-408.17430 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17430}

Rule 7430. (1) An employer must follow the specific, manufacturer provided safety data sheets (SDSs) for all firefighting foam concentrate that employees may be exposed to and follow best practices regarding the proper use, handling, and storage information.

(2) An employer must prevent intentionally added PFAS containing foam concentrate or foam solution from entering ground water, surface water, or storm drains, as soon as possible. Manual containment strategies used for spills involving a hazardous liquid should be employed. These include blocking storm drains to prevent the contaminated foam/water solution from entering the wastewater system or the environment. Defensive tactics such as damming, diking, and diverting should be employed to get the foam/water solution to an area suitable for containment until it can be removed in accordance with local, state, and federal regulations. Immediately after the end of a fire or other incident at which an organized fire department uses firefighting foam containing intentionally added PFAS, the fire chief shall report the incident to the Michigan pollution emergency alert system.

(3) An employer must dispose of materials contaminated by foam containing PFAS pursuant to the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(4) An employer must ensure the decontamination of a firefighter’s body and equipment as follows:

(a) Post fire response contaminated personal protective equipment (PPE) must be decontaminated as soon as practical. A mild detergent, with a pH of not less than 6 and not greater than 10.5, must be used. The use of chlorine bleach, chlorinated solvents, or solvents is not permitted. Follow manufacturer’s recommended cleaning procedures.

(b) A firefighter’s exposed skin, including the neck, face, and hands, must be decontaminated, post fire response and whenever exposed to firefighting foam.

Employees must wash exposed skin with a mild soap and rinse thoroughly with water.

(5) An employer must prohibit the use of firefighting foam concentrate containing intentionally added PFAS, by a firefighter, for training purposes.

(6) An employer must prohibit the use of firefighting foam concentrate containing intentionally added PFAS, by a firefighter, for equipment calibration purposes, unless required by law or facility where the calibration takes place has implemented appropriate measures.

PROTECTIVE EQUIPMENT

History

• History: 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17431 Personal protective equipment {#sec-r-408.17431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17431}

Rule 7431. (1) An employer shall ensure that all emergency service personnel use PPE appropriate for the hazards involved when performing emergency operations.

(2) Personal protective equipment must be provided by the employer at no cost to the employee and comply with the requirements of this part.

(3) An employer shall ensure that PPE protects the head, body, and extremities and consists of at least all of the following components:

(a) Foot and leg protection.

(b) Hand protection.

(c) Body protection.

(d) Face, eye, and head protection.

(4) Personal protective equipment that is required by these rules to comply with the requirements of a nationally recognized standard must either bear an approved label of, or be certified in writing by, the manufacturer as being in compliance with the applicable standard.

(5) Personal protective equipment must be inspected and cleaned after each use.

(6) An employer shall implement procedures for the inspecting and servicing of PPE according to manufacturer’s recommendations.

(7) An employer shall implement a procedure for determining whether PPE must be repaired or replaced. All repairs must be made in compliance with the manufacturer’s recommendations.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17432 Protective ensemble for structural firefighting {#sec-r-408.17432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17432}

Rule 7432. An employer shall provide a protective ensemble, to all employees who engage in or are exposed to structural firefighting. The protective ensemble must meet or exceed the requirements of NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2007 edition, as adopted in R 408.17405. Effective January 1, 2025, the protective ensemble must meet or exceed the requirements of NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2013 edition, as adopted in R 408.17405.

History

• History: 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17433 Eye and face protection for emergency operations {#sec-r-408.17433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17433}

Rule 7433. While conducting emergency operations, if there is a potential exposure to eye and face hazards, the requirement of face and eye protection must be met by 1 of the following:

(a) Helmet face shield, if equipped, and primary eye protection.

(b) Breathing apparatus face piece.

(c) Primary eye protection and secondary means of face protection.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17434 Rescinded {#sec-r-408.17434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17434}

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17435 Rescinded {#sec-r-408.17435 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17435}

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17436 Respirator protection devices {#sec-r-408.17436 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17436}

Rule 7436. Any self-contained breathing apparatus currently in use must meet or exceed the requirements of NFPA 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 1997 edition, as adopted in R 408.17405. Effective January 1, 2025, any self-contained breathing apparatus currently in use must meet or exceed the requirements of NFPA 1981: “Standard on Open Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services,” 2007 edition, as adopted in R 408.17405.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17437 Rescinded {#sec-r-408.17437 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17437}

History

• History: 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17440 Personal alert safety system (PASS) {#sec-r-408.17440 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17440}

Rule 7440. An employer shall provide and enforce the use of a PASS device to each employee utilizing a self-contained breathing apparatus while engaged in structural firefighting operations. PASS devices shall meet or exceed the requirements of NFPA 1982: "Standard on Personal Alert Safety Systems (PASS)," 1998 edition, as adopted in R 408.17405. Effective January 1, 2025, PASS devices must meet or exceed the requirements of NFPA 1982: "Standard on Personal Alert Safety Systems (PASS)," 2007 edition, as adopted in R 408.17405.

TOOLS

History

• History: 2001 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17441 Explosive devices {#sec-r-408.17441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17441}

Rule 7441. (1) An explosive device shall not be used in an explosive or flammable atmosphere.

(2) A fire service which uses an explosive device shall develop a procedure for protecting the employees and general public.

History

• History: 1979 AC.

Mich. Admin. Code R 408.17442 Using, covering, or protecting tools {#sec-r-408.17442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17442}

Rule 7442. (1) Chain saws that are specifically designed for firefighting operations to cut holes in roofs, floors, and walls shall be used where cutting operations are performed. If a chain saw is not in use, then the cutting teeth of the chain saw shall be covered to prevent inadvertent contact.

(2) An axe or other sharp-edged or pointed tool shall be protected when stored or carried on the apparatus. A rounded tipped pike pole is excluded from the requirements of this subrule.

History

• History: 1979 AC; 1993 AACS; 2001 AACS.

Mich. Admin. Code R 408.17443 Air-moving equipment {#sec-r-408.17443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17443}

Rule 7443. Air-moving equipment exposed to hazardous levels of flammable gases, flammable vapors, or combustible dust must be approved as intrinsically safe.

OPERATIONS

History

• History: 1979 AC; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17451 Management of emergency operations {#sec-r-408.17451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17451}

Rule 7451. (1) Each fire department shall establish and implement written procedures for emergency operations. The written procedures must include all of the following:

(a) A requirement that a recognized incident management system providing structure and coordination to the management of emergency operations is implemented at each emergency.

(b) A requirement that a personnel accountability system is implemented at each emergency.

(c) A written assessment of the types of emergency operations the fire department is expected to perform, for example, fire suppression, trench rescue, and rope rescue, and the employees authorized to perform the identified operations.

(2) A qualified employee shall function as the incident commander at each emergency.

History

• History: 1979 AC; 1993 AACS; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17452 Rescinded {#sec-r-408.17452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17452}

INSPECTIONS

History

• History: 1979 AC; 1988 AACS; 2001 AACS.

Mich. Admin. Code R 408.17461 Inspection of fire apparatus and equipment; record of repair or replacement; lifeline guns and explosive devices; apparatus and equipment involved in accident; equipment testing {#sec-r-408.17461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17461}

Rule 7461. (1) All of the following items of the fire apparatus, if so equipped, must be inspected for proper operation and for defects at least once a month:

(a) Windshield washers and wipers.

(b) Defroster and heater.

(c) Head, tail, stop, backup, and flasher lights.

(d) Backup alarm.

(e) Horn and siren.

(f) Slip-resistant steps and platforms.

(g) Tires, rims, and suspension system.

(h) Steering mechanism.

(i) Braking system.

(j) Operational controls.

(2) Inspection records must be maintained for a minimum period of 24 months for the apparatus.

(3) Records of repair or replacement must be maintained for the life of the apparatus.

(4) Lifeline guns and explosive devices must be cleaned and made ready for operation after each use.

(5) All portable equipment carried on a fire apparatus must be inspected for operation and for defects at least monthly and within 24 hours after any use. Inspection records must be maintained for a minimum period of 24 months for portable equipment.

(6) All equipment carried on fire apparatus or designated for training must be tested at least annually in accordance with manufacturers’ instructions and applicable standards.

(7) Firefighting apparatus and equipment found to be defective or in unserviceable condition must be removed from service or repaired or replaced.

History

• History: 1979 AC; 1993 AACS; 2013 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17462 Rescinded {#sec-r-408.17462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17462}

History

• History: 1979 AC; 1988 AACS.

Mich. Admin. Code R 408.17463 General utility ropes, life safety ropes, harnesses, and auxiliary equipment {#sec-r-408.17463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17463}

Rule 7463. (1) Life safety rope, harnesses, and auxiliary equipment dedicated for the purpose of supporting people during emergency operations or training for these operations must be used and meet or exceed the requirements of NFPA 1983: “Standard on Life Safety Rope and Equipment for Emergency Services,” 2001 edition, as adopted in R 408.17405.

(2) General utility ropes must comply with the following conditions:

(a) A rope must be inspected after each use for all of the following:

(i) Externally for abrasions, cut or broken fibers, decay, burns, lack of strength, softness, variation in size or roundness of the strands, and for mildew or mold.

(ii) Natural fiber ropes must be inspected internally annually, by separating the strands at 3-foot intervals, for broken fibers, presence of grit, mildew or mold, color change of the fibers, or powdering and short, loose fibers.

(b) A rope that has any of the conditions described in subdivision (a) of this subrule must be replaced or repaired.

(c) Ropes must be stored in a dry location.

History

• History: 1979 AC; 2001 AACS; 2013 AACS; 2016 AACS; 2022 MR 12, Eff. June 21, 2022.

Mich. Admin. Code R 408.17464 Training and education program {#sec-r-408.17464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17464}

Rule 7464. (1) Each fire department shall establish and maintain an employee training and education program. The training and education program must include all of the following:

(a) A written policy that establishes the type, amount, and frequency of training to be provided to firefighters. Training records must be maintained and be made available for inspection by the director of the department of labor and economic opportunity or his or her authorized representative and by an employee or his or her authorized representative.

(b) Assurance that the training and education provided under this section are based upon the fire department’s written policies or procedures.

(c) Assurance that the training and education required under this section are provided by a qualified person.

(d) Assurance that an employee receives initial and continuing training and education commensurate with and specific to the duties and functions that the employee is expected to perform. The training and education must be provided before the employee is permitted to perform emergency operations.

(e) Assurance that firefighters receive annual training and education on incident management and personnel accountability systems.

(f) Assurance that firefighters receive and maintain certification in first aid, cardiopulmonary resuscitation, and automated external defibrillator.

(2) All live fire training must meet or exceed the requirements of the NFPA 1403:

“Standard on Live Fire Training Evolutions,” 2018 edition, as adopted in R 408.17405.

(3) An employer shall provide additional training in relevant topics to an employee under any of the following conditions:

(a) An employee has been involved in an accident or near miss incident.

(b) An employee has been observed operating in an unsafe manner.

History

• History: 1979 AC; 1993 AACS; 2001 AACS; 2022 MR 12, Eff. June 21, 2022.

R 408.17501 to R 408.17502 Part 75. Flammable Liquids

Mich. Admin. Code R 1199_2013-033LR_AdminCode Part 75. Flammable Liquids

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 75. FLAMMABLE LIQUIDS

R 408.17501. Adoption of standards by reference.

Rule 7501. (1) The federal occupational safety and health administration's regulations on flammable liquids promulgated by the United States department of labor and codified at 29 C.F.R. §1910.106, “Flammable liquids,” effective March 26, 2012, are adopted by reference in these rules.

(2) All of the following provisions apply with respect to the regulations adopted in subrule (1) of this rule:

(a) A reference to 29 C.F.R. §1910.1200 “Hazard communication,” means Occupational Health Standard Part 430 “Hazard Communication;” General Industry Safety Standard Part 92 “Hazard Communication;” and Construction Safety Standard Part 42 “Hazard Communication;” as referenced in R 408.17502.

(b) A reference to ‘Subpart S of this part” means General Industry Safety Standard Part 39 “Design Safety Standards For Electrical Systems,” and General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.17502.

(c) A reference to 29 C.F.R. §1910.159 “Automatic sprinkler systems,” means General Industry Safety Standard Part 9 “Fixed Fire Equipment,” as referenced in R 408.17502.

(3) The provisions of 29 C.F.R. §1910.106 have the same force and effect as rules promulgated under 1974 PA 154, the Michigan Occupational Safety and Health Act (MIOSHA), MCL 408.1001 to 408.1094.

(4) The standard adopted in subrule (1) of this rule is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standard adopted in subrule (1) of this rule is also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(6) The standard adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History: 1982 AACS; 2013 AACS.

R 408.17502. MIOSHA referenced standards.

Rule 3. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44203.

(b) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19203.

(c) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(d) General Industry Safety Standard Part 9 “Fixed Fire Equipment,” R 408.10901 to R 408.10999.

(e) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902 (f) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009.

History: 2013 AACS.

R 408.17601 to R 408.17699 Part 76. Spray Finishing Using Flammable and Combustible Materials

Mich. Admin. Code R 408.17601 Adoption of standards by reference {#sec-r-408.17601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 to 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 76. SPRAY FINISHING USING FLAMMABLE AND COMBUSTIBLE

MATERIALS

Rule 7601. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.107 “Spray finishing using flammable and combustible materials,” effective March 26, 2012.

(b) 29 C.F.R. §1910.94(c) “Ventilation for spray finishing operations,” effective September 9, 2009.

(2) All of the following provisions apply with respect to the regulations adopted in subrule (1) of this rule:

(a) A reference to Subpart S means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” and General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.17602.

(b) A reference to 29 C.F.R. §1910.106 “Flammable liquids,” means General Industry Safety Standard Part 75 “Flammable Liquids,” as referenced in R 408.17602.

(c) A reference to 29 C.F.R. §1910.159 “Automatic sprinkler systems,” means General Industry Safety Standard Part 9 “Fixed Fire Equipment” as referenced in R 408.17602 (d) A reference to “Dip Tank Operations” means Occupational Health Standard Part 526 “Dipping and Coating Operations,” as referenced in R 408.17602.

(3) The provisions of 29 C.F.R. §1910.107 and 29 C.F.R. §1910.94 have the same force and effect as rules promulgated under 1974 PA 154, the Michigan Occupational Safety and Health Act (MIOSHA), MCL 408.1001 to 408.1094.

(4) The standards adopted in subrule (1) of this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standards adopted in subrule (1) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(6) The standards adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History

• History: 1989 AACS; 2007 AACS; 2014 AACS.

Mich. Admin. Code R 408.17602 MIOSHA referenced standards {#sec-r-408.17602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17602}

Rule 7602. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 9 “Fixed Fire Equipment,” R 408.10901 to R 408.10999.

(b) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902.

(c) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009.

(d) General Industry Safety Standard Part 75 “Flammable Liquids,” R 408.17501 to R 408.17502.

(e) Occupational Health Standard Part 526 “Dipping and Coating Operations,”

R 325.52601 to R 325.52602.

History

• History: 1989 AACS; 2007 AACS; 2014 AACS.

Mich. Admin. Code R 408.17603 Rescinded {#sec-r-408.17603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17603}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17605 Rescinded {#sec-r-408.17605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17605}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17607 Rescinded {#sec-r-408.17607 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17607}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17609 Rescinded {#sec-r-408.17609 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17609}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17610 Rescinded {#sec-r-408.17610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17610}

History

• History: 1989 AACS; 1993 AACS; 2007 AACS.

Mich. Admin. Code R 408.17612 Rescinded {#sec-r-408.17612 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17612}

History

• History: 1989 AACS; 1993 AACS; 2007 AACS.

Mich. Admin. Code R 408.17613 Rescinded {#sec-r-408.17613 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17613}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17614 Rescinded {#sec-r-408.17614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17614}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17615 Rescinded {#sec-r-408.17615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17615}

History

• History: 1989 AACS; 1993 AACS; 2007 AACS.

Mich. Admin. Code R 408.17616 Rescinded {#sec-r-408.17616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17616}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17618 Rescinded {#sec-r-408.17618 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17618}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17620 Rescinded {#sec-r-408.17620 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17620}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17621 Rescinded {#sec-r-408.17621 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17621}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17622 Rescinded {#sec-r-408.17622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17622}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17623 Rescinded {#sec-r-408.17623 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17623}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17624 Rescinded {#sec-r-408.17624 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17624}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17630 Rescinded {#sec-r-408.17630 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17630}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17631 Rescinded {#sec-r-408.17631 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17631}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17632 Rescinded {#sec-r-408.17632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17632}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17633 Rescinded {#sec-r-408.17633 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17633}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17636 Rescinded {#sec-r-408.17636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17636}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17637 Rescinded {#sec-r-408.17637 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17637}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17640 Rescinded {#sec-r-408.17640 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17640}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17641 Rescinded {#sec-r-408.17641 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17641}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17650 Rescinded {#sec-r-408.17650 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17650}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17651 Rescinded {#sec-r-408.17651 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17651}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17696 Rescinded {#sec-r-408.17696 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17696}

History

• History: 1989 AACS; 2007 AACS.

Mich. Admin. Code R 408.17699 Rescinded {#sec-r-408.17699 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17699}

History

• History: 1989 AACS; 2007 AACS.

R 408.17701 to R 408.17719 Part 77. Grain Handling Facilities

Mich. Admin. Code R 408.17701 Rescinded {#sec-r-408.17701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 77. GRAIN HANDLING FACILITIES

History

• History: 1988 AACS; 1997 AACS; 2014 AACS.

Mich. Admin. Code R 408.17701a Scope, adoption, and availability of standards {#sec-r-408.17701a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17701a}

Rule 7701a. (1) These rules contain requirements for the control of grain dust fires and explosions, and certain other safety hazards associated with grain handling facilities.

(2) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1910.272 “Grain handling facilities,” as amended December 27, 2011.

(b) 29 CFR 1910.272, appendix A “Grain handling facilities,” as amended November 7, 2002.

(c) 29 CFR 1910.272, appendix B “National consensus standards,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.272, appendix C “References for further information,” as amended March 8, 1996.

(e) 29 CFR 1910.165 “Employee alarm systems,” as amended September 12, 1980.

(f) 29 CFR part 1910, subpart L, appendix A “Fire Protection,” as amended May 1, 1981.

(g) 29 CFR part 1910, subpart L, appendix B “National Consensus Standards,” as amended June 30, 1993.

(h) 29 CFR part 1910, subpart L, appendix C “Fire Protection references for further information,” as amended June 30, 1993.

(i) 29 CFR part 1910, subpart L, appendix E “Test methods for protective clothing,” as amended May 1, 1981.

(3) A reference to 29 CFR 1910.38 means General Industry Safety and Health Standard Part 6. “Fire Exits.”

(4) A reference to 29 CFR 1910.134 means Occupational Health Standard Part 451.

“Respiratory Protection.”

(5) A reference to 29 CFR 1910.252 means both of the following:

(a) General Industry Safety Standard Part 12. “Welding and Cutting.”

(b) General Industry Safety and Health Standard Part 529. “Welding, Cutting, and Brazing.”

(6) A reference to 29 CFR part 1910, subpart D means General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces.”

(7) A reference to 29 CFR part 1910, subpart Z means Occupational Health Standard Part 301. “Air Contaminants for General Industry.”

(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater then 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 12. “Welding and Cutting,” R 408.11201 to R 408.11299.

(b) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(c) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.

(d) Occupational Health Standard Part 301. “Air Contaminants for General Industry,” R 325.51101 to R 325.51107.

(e) General Industry Safety and Health Standard Part 529. “Welding, Cutting, and Brazing,” R 325.52901 to R 325.52931.

(f) Occupational Health Standard Part 451. “Respiratory Protection,”

R 325.60051 to R 325.60052.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17701b Rescinded {#sec-r-408.17701b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17701b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17701c Rescinded {#sec-r-408.17701c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17701c}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17701d Rescinded {#sec-r-408.17701d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17701d}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17702 Rescinded {#sec-r-408.17702 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17702}

History

• History: 1988 AACS; 2014 AACS.

Mich. Admin. Code R 408.17703 Rescinded {#sec-r-408.17703 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17703}

History

• History: 1988 AACS; 1997 AACS; 2014 AACS.

Mich. Admin. Code R 408.17704 Rescinded {#sec-r-408.17704 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17704}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17705 Rescinded {#sec-r-408.17705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17705}

History

• History: 1988 AACS; 1997 AACS; 2018 AACS.

Mich. Admin. Code R 408.17706 Rescinded {#sec-r-408.17706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17706}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17707 Rescinded {#sec-r-408.17707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17707}

History

• History: 1988 AACS; 1997 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17708 Rescinded {#sec-r-408.17708 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17708}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 408.17709 Rescinded {#sec-r-408.17709 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17709}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17710 Rescinded {#sec-r-408.17710 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17710}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 408.17711 Rescinded {#sec-r-408.17711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17711}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17712 Rescinded {#sec-r-408.17712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17712}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 408.17713 Rescinded {#sec-r-408.17713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17713}

History

• History: 1988 AACS; 2018 AACS.

Mich. Admin. Code R 408.17714 Rescinded {#sec-r-408.17714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17714}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17715 Rescinded {#sec-r-408.17715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17715}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17716 Rescinded {#sec-r-408.17716 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17716}

History

• History: 1988 AACS; 1997 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17717 Rescinded {#sec-r-408.17717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17717}

History

• History: 1988 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17717a Rescinded {#sec-r-408.17717a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17717a}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17717b Rescinded {#sec-r-408.17717b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17717b}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17717c Rescinded {#sec-r-408.17717c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17717c}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17717d Rescinded {#sec-r-408.17717d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17717d}

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.17719 Rescinded {#sec-r-408.17719 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17719}

History

• History: 1997 AACS; 2014 AACS; 2018 AACS.

R 408.17801 to R 408.17801 Part 78. Storage and Handling of Anhydrous Ammonia

Mich. Admin. Code R 408.17801 Adoption of standard by reference {#sec-r-408.17801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.17801}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 78. STORAGE AND HANDLING OF ANHYDROUS AMMONIA

Rule 7801. (1) The provisions of federal occupational safety and health administration regulation C.F.R. 1910.111 “Storage and handling of anhydrous ammonia” effective December 14, 2007, is adopted by reference in these rules.

(2) The standard adopted in this rule is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standard adopted in this rule is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(4) The standard adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost of the standard plus $20.00 for shipping and handling.

History

• History: 1982 AACS; 1998-2000 AACS; 2015 AACS.

R 408.18101 to R 408.18182 Part 81. Baking Operations

Mich. Admin. Code R 408.18101 Scope {#sec-r-408.18101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 81. BAKING OPERATIONS

Rule 8101. (1) This part provides for the safe maintenance and operation of bakery machinery and equipment by the employer and their safe use by the employee in, around, and about a place of employment.

(2) The requirements of this part apply to the design, installation, operation, and maintenance of machinery and equipment used within a bakery.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.18101a Adopted and referenced standards {#sec-r-408.18101a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18101a}

Rule 8101a. (1) This standard is adopted by reference in these rules, American Society of Mechanical Engineers Standard ASME “Boiler and Pressure Vessel Code, Section VIII – Unfired Pressure Vessels” 1974 edition, Division 1 and Division 2 with addenda. This standard is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, USA, 80112, USA, telephone number: 1-800-854-7179 or via the internet at the following website: http://global.ihs.com; at a cost as of the time of adoption of these rules of $514.00.

(2) The following standards are adopted by reference in these rules and are available from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, telephone number: 1-800-344-3555, or via the internet at the following website: custserv@nfpa.org, at a cost as of the time of adoption of these rules, as stated in this rule.

(a) NFPA 62 “Code for Pulverizing Systems for Sugar and Cocoa,” 1967 edition.

Cost: $27.00.

(b) NFPA 656 “Code for the Prevention of Dust Ignitions in Spice Grinding Plants,” 1959 edition. Cost: $27.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administrative (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, or via the internet at: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 8. “Portable Fire Extinguishers,”

R 408.10801 to R 408.10839.

(c) General Industry Safety Standard Part 9. “Fixed Fire Equipment,” R 408.10901 to R 408.10999.

(d) General Industry Safety and Health Standard Part 14. “Conveyors,” R 408.11401 to R 408.11461.

(e) General Industry Safety Standard Part 39. “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13905.

History

• History: 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.18102 Definitions; A {#sec-r-408.18102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18102}

Rule 8102. (1) "Aisle" means a path of designated travel for employees and stock moving equipment .

(2) "Automatic fry machine" means a machine with a power driven unit which deposits donuts, pies or other products into a hot edible oil and conveys them out of the oil after frying .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18103 Definitions; B {#sec-r-408.18103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18103}

Rule 8103. (1) "Bag arm conveyor" means an elevating type conveyor with 1 or more chains to which are attached projecting arms for handling objects such as barrels or bags in a vertical or inclined path .

(2) "Bagger" means a machine which receives a bakery product, inserts it into a preformed bag and closes the bag with a recloseable means .

(3) "Bakery" means a place where various ingredients are mixed together and processed to produce frozen or finished bakery products .

(4) "Band bar-type goods cutter" means a cutting device used to cut bakery products to predetermined sizes on an ovenband .

(5) "Bar loader" means a device for pushing pans or products .

(6) "Bun intermediate proofer" means a machine which gives proofing time to dough by conveyance .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18104 Definitions; C {#sec-r-408.18104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18104}

Rule 8104. (1) "Cake depositor" means a machine which measures batter for cakes and deposits it into pans .

(2) "Carton closing machine" means a machine which automatically closes rigid hinged cover cartons after a product has been manually or automatically inserted .

(3) "Carton wrapping machine" means a machine which receives and conveys single and grouped products in containers and overwraps them in flexible wrapping material .

(4) "Continuous mixer" means a machine which continuously mixes ingredients to produce a dough product and dispenses the dough automatically .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18105 Definitions; D {#sec-r-408.18105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18105}

Rule 8105. (1) "Divider" means a unit which divides a large dough mass into a predetermined size .

(2) "Dough brake" means a machine which rolls dough into a flat shape .

(3) "Dough sheeter" means a machine which takes a piece of dough and, by running it between a series of rolls, produces a sheet of dough .

(4) "Dumpbin" means equipment into which dry ingredients in bags are first emptied for distribution .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18106 Definitions; F to N {#sec-r-408.18106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18106}

Rule 8106. (1) "Form, fill, seal pouch or bag machine" means a machine which automatically weighs, counts or measures a product and inserts the product into a formed and partially sealed flexible material pouch .

(2) "Grinder, pulverizer, food chopper and breaker" means machines used to reduce material into small fragments or powder by means of rolls, knives, blades or hammers.

(3) "Horizontal mixer" means a machine which combines ingredients by agitating with beaters rotating in an arc on a horizontal shaft. A horizontal mixer may have a tilting or nontilting bowl .

(4) "Molder" means a unit which forms and shapes a dough piece prior to insertion into a pan .

(5) "Nip point" means that point where a rotating object creates a pinching action with another rotating object .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18107 Definitions; O to R {#sec-r-408.18107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18107}

Rule 8107. (1) "Ovenband" means a continuous moving steel conveyor used in ovens in which the ovenband serves as the pan and hearth .

(2) "Ovenhand bar loader" means a mechanical device consisting of a push bar attached to arms or a conveyor which moves bakery products from a table or platform onto a rack or moving conveyor .

(3) "Pinch point" means a point at which it is possible to be caught between moving parts of a machine or between moving and stationary parts of a machine .

(4) "Rounder" means a machine which rolls the dough, after being divided, to give the dough a desired shape .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18108 Definitions; S {#sec-r-408.18108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18108}

Rule 8108. (1) "Scale cut-off switch" means a control device which shuts off the material feed when the scale has been charged with a predetermined amount of dry ingredient .

(2) "Sifter" means fixed, motorized equipment, either oscillating, vibrating or brush type, which sifts dry ingredients .

(3) "Slicing machine" means a machine equipped with moving cutters which slices bakery products .

(4) "Spindle mixer" means a machine with 1 or more retractable heads which combines ingredients in a trough with beaters on a vertical shaft .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18109 Definitions; T to W {#sec-r-408.18109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18109}

Rule 8109. (1) "Tray or carton forming machine" means a machine which automatically forms magazine-fed flat die-cut blanks of semi-rigid material into trays or hinged cover cartons .

(2) "Trough" means a tub moved on castors, and used to hold or transport masses of ingredients or dough .

(3) "Vertical mixer" means a machine which combines ingredients in a bowl by agitating with beaters revolving on a vertical shaft .

(4) "Weight hopper and scale" means a device which weighs ingredients before dumping .

(5) "Wrapping machine" means a machine equipped with mechanisms for conveying and wrapping bakery products in flexible wrapping material .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18111 Employer responsibilities {#sec-r-408.18111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18111}

Rule 8111. An employer shall comply with both of the following:

(a) Provide training to an employee as to the hazards and safe practices of the assigned job.

(b) Maintain machinery, buildings, ramps, platforms, and aisles free of recognized hazards likely to cause an injury by operation or use.

History

• History: 1979 AC; 1982 AACS; 2019 AACS.

Mich. Admin. Code R 408.18112 Employee responsibility {#sec-r-408.18112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18112}

Rule 8112. An employee shall:

(a) Use personal protective equipment as required by this part .

(b) Not use machinery or equipment unless authorized .

(c) Not remove guards from machinery and equipment except when needed for servicing. The guards shall be replaced before returning to production .

(d) Report defective machinery, equipment and hazardous conditions, when detected, to a supervisor .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18113 Illumination {#sec-r-408.18113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18113}

Rule 8113. Illumination shall be provided at the work station to maintain a minimum of 20 footcandles intensity .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18114 Floors, aisles, and platforms {#sec-r-408.18114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18114}

Rule 8114. (1) An aisle for combined usage of an employee and stock moving equipment must be 2 feet wider than the widest load moved. In a place of employment having less than 10 employees producing hand crafted products in the production area, the aisle must be not less than 30 inches wide. The aisle must be defined.

(2) A platform, walkway, and stairway, where provided, on storage bins and machinery must be constructed as prescribed in General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.18101a.

(3) A fixed ladder used in place of a stairway must be as prescribed in the General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.18101a.

History

• History: 1979 AC; 1982 AACS; 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.18115 Power controls and motors {#sec-r-408.18115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18115}

Rule 8115. (1) Provision shall be made to prevent permanently connected machinery and equipment, other than compressors and air moving equipment used for air conditioning and refrigeration, and fire protection and pumps, from automatically restarting upon restoration of power after a power interruption if unexpected start up could cause injury.

(2) A control device, except a stop button, shall be so arranged or guarded as to prevent accidental activation where activation could cause injury.

(3) Where a hazard exists, a machine shall be equipped with an emergency stop device, red in color, that can be activated from an operator’s work station.

(4) When a 2-hand control device is required, it shall require the concurrent use of both hands to activate the machine or equipment. The device shall be located in a manner to prevent bridging. Where more than 1 employee is exposed to the point of operation, a 2-hand control device shall be provided each employee and the controls shall operate concurrently.

(5) An electric motor, control, and other electrical components used on dry ingredient handling and storage equipment shall be dust ignition tight.

History

• History: 1979 AC; 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.18116 Machine installation {#sec-r-408.18116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18116}

Rule 8116. (1) Electrically powered machinery and equipment must be grounded.

(2) Stationary type machinery and equipment must be secured to a floor, foundation, bench, table, or stand of such strength and design to prevent overturning or unintentional movement.

(3) Permanent machinery and equipment must not be placed so as to require an operator to stand in an aisle. Temporary equipment must not be placed so as to require an operator to stand in an aisle, unless the employee is protected with a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.18101a.

(4) Machinery or equipment having an access door for body entry must be equipped with a means of opening the door inside and out.

History

• History: 1979 AC; 1982 AACS; 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.18117 Lubrication and maintenance {#sec-r-408.18117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18117}

Rule 8117. An employee required to work in an explosive atmosphere shall use nonsparking maintenance and cleaning tools to prevent static and mechanical sparking .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18118 Hot surfaces {#sec-r-408.18118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18118}

Rule 8118. Steam pipes, hot water pipes and surfaces of machinery and equipment which would cause burns, if exposed to contact, shall be guarded with a heat-resistive or insulating material or a barrier. If guarding is impractical, the exposed employee shall wear personal protective equipment .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18119 Housekeeping {#sec-r-408.18119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18119}

Rule 8119. (1) Flour dust shall be removed not less than monthly from ledges, beams, sills, machinery and equipment in the make up and flour storage areas .

(2) Flour and dough shall be removed from the floor or platform of a work station not less than daily .

SPECIFIC EQUIPMENT

History

• History: 1979 AC .

Mich. Admin. Code R 408.18121 Dry ingredients conveyors generally {#sec-r-408.18121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18121}

Rule 8121. (1) A flour-handling system which has the final delivery end out of sight of the beginning point shall have a control at each point, either of which shall stop the flow of flour .

(2) A bag chute with an incline of more than 30 degrees shall be equipped with a stop at the discharge end or the end shall have a means to slow the bags .

(3) Wherever any of the various pieces of apparatus comprising a flourhandling system are run in electrical unity with one another, the control circuits for magnetic controllers shall be so arranged that the opening of any 1 of several limit switches, which may be on an individual unit, shall serve to de-energize all of the motors of that unit .

(4) A screw conveyor shall be constructed of metal or other non-splintering material .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18122 Bag-arm conveyors {#sec-r-408.18122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18122}

Rule 8122. A bag-arm conveyor used for transporting bags of flour or sugar with manual takeoff shall be equipped with a device installed so as to stop the conveyor automatically if any bag fails to clear the bar-arms at the discharge end. The conveyor shall be equipped with a rollback device as prescribed in General Industry Safety Standard Part 14 “Conveyors,” as referenced in R 408.18101a.

History

• History: 1979 AC; 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.18123 Storage bins and silos {#sec-r-408.18123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18123}

Rule 8123. (1) A dry ingredient storage bin or silo shall be equipped with a dusttight cover secured with gaskets and latches or other fasteners. A cover over a point of entry used by an employee shall be interlocked with the loading and unloading motors to prevent their operation when the cover is open. The cover shall be locked open when the bin or silo is occupied by an employee .

(2) When an employee enters a bin or silo, he shall wear a safety belt with sparkresistant fittings attached to a lifeline attended by an employee outside the bin. The employee shall be supplied with fresh air during the time work is being performed within a bin or silo .

(3) Illumination provided inside a bin or silo shall be from an explosion-proof light fixture or explosion-proof flashlight .

(4) A storage bin having a side more than 5 feet in depth shall be provided with a standard stationary safety ladder both inside and outside the bin, which shall reach from floor level to the top of bin, and from the top of bin to the bottom on the inside, with the ladder end kept away from the moving screw conveyor, or shall be provided with some other means of providing equivalent safety for the employee .

(5) A walkway surface shall be maintained in nonslip condition .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18124 Mechanical dumpbins and blenders {#sec-r-408.18124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18124}

Rule 8124. (1) An opening in a mechanical dumpbin or blender shall be guarded by 1 of the following:

(a) Parallel bars not more than 3 inches apart on centers .

(b) Not less than 11-gauge wire mesh with openings not more than 3 inches in any direction. If an employee can reach the moving parts of the machine through the guard, then the 3-inch opening shall be reduced until the hazard is eliminated .

(2) A mechanical dumpbin and blender shall be equipped with a suction type dust hood of such capacity as to prevent dust circulation outside the hood .

(3) Where the loading point of a manually filled mechanical dumpbin is more than 24 inches above the floor, a bag rest shall be provided .

(4) A hinged dumpbin cover shall be provided with a means to lock the cover in the open position or shall be counterbalanced so that it cannot accidentally fall down while the dumpbin is in operation .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18125 Sifters {#sec-r-408.18125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18125}

Rule 8125. (1) An employer shall ensure that a sifter has both of the following:

(a) All openings constructed with dust tight closures that are readily accessible for inspection purposes.

(b) Refuse tailing receptacles for all types of sifters readily accessible and located at a safe distance from unguarded moving parts.

(2) Oscillating and vibrating sifters must have all moving parts within the outer frame of the sifter or the machine located within a guardrail system in compliance with General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.18101a.

History

• History: 1979 AC; 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.18126 Weighing hoppers and scales {#sec-r-408.18126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18126}

Rule 8126. (1) A dial cover of a scale shall be made of shatter-proof material .

(2) A trolley flour scale shall be equipped with a bar-type handle not less than 3/4 inch in diameter for use in moving the scale .

(3) Trolley wheels on a weigh hopper or scale located less than 8 1/2 feet from a floor or platform shall be guarded with an enclosure on all exposed sides .

(4) A scale cut-off switch shall be totally enclosed and connected to the scale beam in a manner to protect the operator from contact .

(5) A handle for an operating device for a trolley switch which hangs less than 6 feet 8 inches from the floor shall be of pliable material .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18127 Mixers generally {#sec-r-408.18127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18127}

Rule 8127. (1) Valves and controls used to regulate the coolant to the mixer shall be located so as not to create a hazard for an employee .

(2) A pressure regulator shall be installed on all mixer coolant supply lines and shall be set at not more than the rated pressure of the jacket .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18128 Horizontal batch mixers {#sec-r-408.18128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18128}

Rule 8128. (1) A horizontal batch mixer shall have control devices which require concurrent use of both hands whenever the mixer bowl is opened more than 6 inches and the agitator is energized. The controls shall be located so that the operator has a full view of the mixer bowl .

(2) A horizontal batch mixer with a power dumping device shall have devices which require constant 2-hand control when the bowl closes the final 6 inches .

(3) A horizontal batch mixer shall have a flour gate operating device, ingredient opening and ingredient water inlet which can be operated by the operator from the work area without endangering the operator .

(4) An overhead cover or door on a horizontal batch mixer, which may accidentally close, shall be counterbalanced or provided a device which shall hold the door open until released by the operator .

(5) A horizontal batch mixer shall not be hosed down during cleaning unless all electrical devices are designed for such cleaning .

(6) An ingredient or inspection opening on a horizontal batch mixer shall be not more than 1 1/2 square feet in area. The opening shall have the access limited by a bartype grating made of not less than 3/16-inch diameter stock, or its equivalent, on 3-inch centers. If it is possible to contact moving parts, a warning sign shall be installed at the opening to caution the employee .

(7) A device or mechanism used to return sponges to a mixer shall be so interlocked with the mixer as to prevent injury to the operator .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18129 Horizontal tub-type mixers and beaters {#sec-r-408.18129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18129}

Rule 8129. (1) A horizontal tub-type mixer or beater shall be guarded and have the control devices prescribed in R 408.18128(1) or shall have an interlocked cover which will stop the agitator when the cover is opened .

(2) A bottom outlet of a horizontal tub-type mixer or beater shall be so designed that an employee cannot reach the agitator or come in contact with the pinch point between the agitator and the tub .

(3) When removing the dough from a horizontal tub-type mixer with the agitator in motion, the operator shall use a jog button, so located that the operator cannot reach the point of operation, or 2-hand constant pressure controls .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18130 Vertical batch mixers {#sec-r-408.18130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18130}

Rule 8130. (1) A bowl locking device on a vertical batch mixer, including an artoflex mixer, shall be designed to require a positive action of the operator to unlock the bowl.

(2) If an employee can reach into a vertical mixing bowl, a warning sign shall be installed to caution the employee.

(3) A mixer with a built-in power unit shall have all drive elements enclosed in such a manner as to prevent injury to an operator or a maintenance employee performing his or her normal duties.

(4) A mixer shall be equipped with an individual motor and control, and with a conveniently located manual switch, to prevent the mixer from being started in the usual manner while the machine is being serviced and cleaned.

(5) A loose access door and cover weighing more than 2 pounds shall not be used on a mixer. The door or cover shall be hinged or otherwise held in proximity to the openings that they cover.

(6) An overhead cover or door that is subject to accidental closure shall be counterbalanced to remain in an open position, or shall be provided with a means to hold it open until positively released by the operator.

(7) An electrical pilot or control circuit shall not be employed at a potential in excess of 240 volts.

(8) A device shall be made available for moving a bowl, weighing more than 80 pounds with contents, into and out of the mixing position of the machine.

History

• History: 1979 AC; 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.18131 Spindle mixer {#sec-r-408.18131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18131}

Rule 8131. A vertical spindle mixer shall be equipped with a cover which raises and lowers with the spindle head. The cover or head shall be interlocked so that the spindles cannot start when the cover is raised. A jog switch, so located that the operator cannot reach the pinch point, shall be provided for cleaning the blades in a raised position, or 2-hand constant pressure controls shall be provided .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18132 Continuous mixers {#sec-r-408.18132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18132}

Rule 8132. (1) A cover on a continuous mixer shall be interlocked to the power source so that the agitator will not turn when the cover is open .

(2) A continuous mixer which starts automatically shall have a warning device which shall be activated not less than 3 seconds before start-up .

(3) A continuous mixer with a permanent inlet that introduces solids or semisolids shall be of a configuration which would not permit hands to come in contact with moving parts .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18133 Dough trough elevator and dump {#sec-r-408.18133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18133}

Rule 8133. An elevator-type dough trough dump shall be provided with an interlocked gate so that the trough cannot be elevated or lowered until the gate is in position to protect an employee, or the trough shall be controlled constantly by an operator with a full view of the elevator area while dumping and lowering the trough the last 7 feet of travel to the floor .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18134 Dividers and depositors {#sec-r-408.18134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18134}

Rule 8134. (1) A guard at the front of a divider or depositor shall be constructed so that the dough weight can be adjusted without removal of the guard .

(2) A guard at the back of a divider or depositor shall enclose all moving parts.

The guard shall be hinged and interlocked with the power source so that the machine will not operate when the enclosure is open .

(3) The oil hole for the knife at the back of a divider shall be of such size that a finger cannot enter the hold .

(4) Any elongated hole in the knife actuating arm on a divider shall be covered with a saddle guard or other protective device .

(5) Start and stop control buttons on a divider or depositor shall be oil-tight and other electrical components shall be either oil-tight or located to prevent the entrance of oil .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18135 Molders {#sec-r-408.18135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18135}

Rule 8135. (1) An emergency stop device, as prescribed in R 408.18115(4) shall be provided for the employee feeding and tailing a molder .

(2) A molder shall be so designed or guarded to prevent a shearing action at any clean-out hole .

(3) A hand-fed molder shall have a belt feed device, or the hopper shall be extended high enough or have a barrier to prevent an employee's hand from contact with the inrunning rolls. The top edge of such a hopper shall be well rounded to prevent injury when it is struck or bumped by the employee's hand .

(4) A mechanical feed molder shall be provided with a hopper so designed and connected to the proofer that an employee's hands cannot come in contact with the inrunning rolls .

(5) Where a removable crank is provided to adjust the molder, brackets shall be provided to hold the crank when it is not in use. The brackets shall be interlocked with the power source so that the molder cannot run until the crank is repositioned on the brackets .

(6) Each molder shall have individual drives and controls .

(7) Electric control buttons and components shall be dust tight .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18136 Manually fed dough brakes {#sec-r-408.18136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18136}

Rule 8136. (1) The in-running roll of a manually fed dough brake shall be enclosed by a guard of not less than 11 gauge metal or material of equivalent strength extending to within 6 inches of the hopper bottom board and at a horizontal distance from the nip point of the rolls sufficient to prevent an employee's hand from being caught. The enclosure may be expanded metal for visual observation .

(2) An emergency stop bar shall be provided on a manually fed dough brake so located, that if the operator slips and falls toward the rolls, or if the operator's hand is caught in the rolls, the body pressure opens a circuit which deenergizes the drive motor and a magnetic spring-set brake stops the rolls immediately. This device shall be maintained operable .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18138 Roll-type dough sheeters {#sec-r-408.18138 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18138}

Rule 8138. (1) A roll-type dough sheeter shall be equipped with a barrier guard so located as to prevent fingers from getting into the nip point or an emergency stop bar shall be provided across the length of the rolls so designed that it will stop the rolls on contact with the operator's hand or arm. A material, such as perforated or expanded metal, which allows visual monitoring is preferable for a barrier guard .

(2) A guard, which completely covers the gears, shall be provided and designed to allow adjustment of the gears .

(3) The hopper for a hand-fed sheeter shall be equipped with an emergency stop bar or stopping device readily accessible to the operator or the hopper design shall be such that the operator cannot reach the rolls .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18139 Bun intermediate proofers {#sec-r-408.18139 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18139}

Rule 8139. (1) A star wheel feeder on a bun intermediate proofer shall be enclosed by a hinged guard on all sides except for an opening to receive the dough. The hinged portion shall be designed to open up when struck by a hand .

(2) The moving parts of a bun intermediate proofer exposed to contact shall be enclosed .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18141 Oven loaders and unloaders {#sec-r-408.18141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18141}

Rule 8141. (1) A hand-fed overhand bar oven loader shall be equipped with 2hand controls wired to operate concurrently with the buttons guarded by covers, rings or by location to prevent bridging, or the oven loader shall be hung in a manner that allows the overhand bar itself to be raised to stop the loader drive. The overhand bar shall be made of aluminum or other equivalent light weight material. Pressure shall be maintained on the controls until the pinch point has passed .

(2) Exposed levers, controls, adjustment knobs and handles shall be recessed, flush or guarded to avoid catching of clothing .

(3) A portable oven loader and unloader shall have a locking or clamping device to prevent movement during operation .

(4) The oven loader and unloader drive shall have overload, instant trip delay, clutch or equivalent means to stop equipment in case of a jam .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18142 Pan washers and rack washers {#sec-r-408.18142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18142}

Rule 8142. (1) The safety controls on a pan washer or rack washer shall be inspected and maintained not less than as prescribed in table 1 .

(2) A pan washer or rack washer shall have an emergency door latch on the door so an operator may open the door from the inside .

(3) Where the controls of a pan or rack washer are subject to water spray or splash, they shall be the waterproof type .

(4) A pan washer shall be guarded to protect the operator from overspray and the overflow and drain stand pipes shall be arranged to prevent backflow of liquids from hitting the operator .

(5) Table 1 reads as follows:

TABLE 1

SAFETY CONTROL INSPECTION

GUIDE FOR WASHERS AND OVENS

Item Monthly Fuel safety shutoff valve X Combustion safeguard X Time delay switches X Fan failure interlocks X Conveyor failure interlocks X Temperature limit switches X Pressure supervising switches X Door and damper limit switches X Automatic fire checks X Explosion venting latches on doors X Operation sequencing tests of auxiliaries X

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18143 Pan-cooling towers {#sec-r-408.18143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18143}

Rule 8143. (1) A pan-cooling tower extending more than 1 floor in height shall have a stop switch at each floor. The conveying means shall be restarted only at the location where stopped or at the main source after the stopped switch has been reset .

(2) Sides of a pan-cooling tower not used for loading and unloading shall be enclosed or barrier guarded to a height of 8 feet .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18144 Coolers {#sec-r-408.18144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18144}

Rule. 8144. (1) The drive on a mechanical feed rack or tray-type cooler shall be equipped with an overload device designed to cut the power in case of a jam. The device shall not restart the drive automatically when the jam is cleared .

(2) A mechanical feed rack and tray cooler shall actuate a warning device when it enters a dwell condition caused by the backup of production at a unit downstream .

(3) A cooler having an access door for body entry shall be equipped with a means for opening the door from the inside and the outside .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18145 Material handling {#sec-r-408.18145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18145}

Rule 8145. (1) A rack used to transport bake goods within a bakery production area shall be equipped with:

(a) Handles so located that no part of an employee's hand extends beyond the outer edge of the frame when holding the handles .

(b) Castors with an anti-friction bearing swivel arrangement for better control .

(2) A trough shall be mounted on anti-friction bearing castors to make it possible for the operator to move and direct the motion of the trough with a minimum of effort .

(3) A lock or other device shall be provided to hold the handle in a vertical position when a hand-operated lift truck is not in use .

(4) Castors on hand trucks shall be set back from corners to be out of the way of toes and heels, but not far enough back to cause the truck to be unstable. A lock or other device shall be provided to hold the handle in vertical position when the truck is not in use .

(5) A chain tackle shall be prominently, permanently, and legibly marked with maximum load capacity. Safety latches shall be installed on all hooks .

(6) Trough hoists shall be prominently, permanently, and legibly marked with maximum load capacity. Safety devices shall be provided to hold the load in any position. Safety latches shall be installed on all hooks .

(7) Sharp corners and edges on bread and cake boxes and trays shall be eliminated on metal parts. All wooden corners and edges shall be protected to prevent splinters .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18146 Air conditioner {#sec-r-408.18146 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18146}

Rule 8146. An air conditioner having access doors for body entry shall be equipped with a means of opening the door from the inside and the outside .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18147 Steam kettles {#sec-r-408.18147 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18147}

Rule 8147. (1) A steam kettle shall have a positive locking device capable of holding the kettle at any desired position.

(2) A kettle with a steam jacket shall be provided with safety valves as prescribed in the ASME Pressure Vessel Code, Section VIII, Unfired Pressure Vessels, 1974 edition, as adopted in R 408.18101a.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.18148 Chocolate melting, refining, and mixing kettles {#sec-r-408.18148 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18148}

Rule 8148. A chocolate melting, refining and mixing kettle shall be equipped with an electrically interlocked cover to stop agitation when the cover is opened .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18149 Doughnut machines {#sec-r-408.18149 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18149}

Rule 8149. Separate flues shall be provided for doughnut machines as follows:

(a) For venting vapors from the frying section.

(b) For venting products of combustion from the combustion chamber used to heat the fat.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.18151 Slicing machines {#sec-r-408.18151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18151}

Rule 8151. (1) A slicing machine shall be equipped with a device which shall be used to push the last loaf through the knives without contacting the moving knives .

(2) A slicing machine with reciprocating knives shall have the knife frames guarded by an interlocked cover .

(3) A slicing machine with endless band knives shall have:

(a) The drive motor equipped with an automatic brake which shall be applied when the motor is not energized .

(b) An interlocked cover or door over each point of access which deenergizes the drive motor when the cover or door is opened .

(c) A safety device which deenergizes the drive motor when a knife breaks .

(d) A honing or sharpening device for the knife which shall be so designed as to protect the employee from the knife while doing the work .

(e) Any transparent inspection ports made of shatter-proof material .

(4) An automatically fed slicing machine used in conjunction with a wrapping or bag loading machine shall have starting controls for both machines at 1 location and a stop device at each point of operation .

(5) Where pusher fingers attached to the feed chain enter the bed plate of the crossfeed, the end guard shall be extended to cover the pinch point .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18152 Wafer cutting machine {#sec-r-408.18152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18152}

Rule 8152. A wafer cutting machine shall be guarded to prevent the operator's hand from making contact with the saw or knife .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18153 Cutting, panning, embossing, peeling, and bar machines {#sec-r-408.18153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18153}

Rule 8153. (1) The manually fed rolls of a cutting, panning, embossing, peeling, and bar machine shall be guarded in front of the rolls by 1 of the following:

(a) A mechanical guard across the rolls to prevent entry of fingers into nip points .

(b) An emergency stop bar designed as prescribed in R 408.18136(2) to stop the rolls when contact is made with the bar .

(2) The blade of a cutting machine shall be guarded to prevent contact of the operator's fingers .

(3) The band bar-type goods cutter shall be guarded on each side of the drive mechanism of the ovenband and in the vertical run of the cutter .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18154 Rotary, pretzel rolling, and pretzel extruding machines {#sec-r-408.18154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18154}

Rule 8154. (1) The forcing rolls within a dough hopper on a rotary, pretzel rolling and pretzel extruding machine shall be guarded as prescribed for feed hoppers in R 408.18160 .

(2) A rotary, pretzel rolling and pretzel extruding machine shall have an emergency stop bar at the operator's station so located that it can be operated by the operator's body .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18155 Frying machines and vats; construction {#sec-r-408.18155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18155}

Rule 8155. (1) A frying machine or vat shall be insulated or guarded where burns can result from accidental contact with the outside covering .

(2) A frying machine or vat shall be equipped with an automatic temperature control. In addition, the machine or vat shall have an over temperature control device unadjustable and preset below the flash point of the frying fat which will turn off the heating device .

(3) An automatic frying machine or vat with an internal heating device shall be equipped with a low level frying fat cut off device designed to turn off the heat device when the fat level is less than 1 inch above the heating tubes or elements .

(4) Where forced draft or an automatic damper is used for exhausting combustion fumes, it shall be interlocked with the fuel supply valve of the frying machine or vat .

(5) If the frying machine or vat is designed with a closed combustion chamber, a time delay relay shall be installed, in connection with the exhauster, to purge the chamber before ignition can be made .

(6) The heat transfer piping shall be installed to allow for natural expansion of the pipe .

(7) Where a separate heat exchanger is used in conjunction with a frying machine or vat, subrules (1), (2), and (8) shall be followed for the heat exchanger .

(8) A frying machine or vat shall be equipped with a device which will shut off the fuel supply if the pilot or burner flames out .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18156 Frying machines and vats; , installation {#sec-r-408.18156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18156}

Rule 8156. (1) A frying machine or vat shall be installed on a noncombustible floor, or a metal pan flanged on 4 sides shall be installed underneath the entire machine. The capacity of the pan shall be not less than the frying tank.

(2) A frying machine or vat shall have not less than 30 inches of work space on all exposed sides, except where other equipment is connected to the machine.

(3) A frying machine or vat shall be protected by a fixed fire extinguishing system as prescribed in General Industry Safety Standard Part 9 “Fixed Fire Equipment,” or portable fire extinguishers as prescribed in General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” as referenced in R 408.18101a.

(4) Where a non-pressure type of indirect heat is used with a frying machine or vat, the welded seams of the plate coils on the frying kettle shall not make contact with the welded seams of the kettle proper.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.18157 Frying machines and vats; maintenance {#sec-r-408.18157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18157}

Rule 8157. Not less than every 90 days the following shall be accomplished:

(a) The frying machine or vat shall be washed and boiled out to remove all accumulations of gum .

(b) The controls shall be checked for operability .

(c) The gas and oil burners shall be cleaned and adjusted .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18158 Icing and topping machines {#sec-r-408.18158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18158}

Rule 8158. (1) An agitator for an icing and topping machine which is too heavy to lift out shall be hinged to swing up, out of the way, or lifted by mechanical means so the hopper may be removed .

(2) A hot water or steam-jacketed hopper for an icing and topping machine shall have a pressure relief valve set at not more than the maximum allowable working pressure of the vessel. The hopper shall be insulated or guarded to prevent burns from accidental contact. The valve shall be vented to an area where the employee is not exposed to the hazard .

History

• History: 1979 AC; 1982 AACS .

Mich. Admin. Code R 408.18159 Pulverizers {#sec-r-408.18159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18159}

Rule 8159. (1) A belt drive used in connection with a pulverizer shall be grounded to remove static electricity .

(2) Pulverizing equipment shall be dust tight. Electrical equipment and motors located in the room or area shall be dust ignition proof, class II, division I type .

(3) A magnetic separator shall be installed at the material inlet to a pulverizer .

(4) When there are multiple pulverizers and the final pulverized material is pneumatically conveyed, each conveyor system shall be independent of the other and electrically grounded to reduce the likelihood of fire or explosion .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18159a Sugar and spice pulverizers {#sec-r-408.18159a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18159a}

Rule 8159a. (1) All drive belts used in connection with sugar and spice pulverizers shall be grounded by means of metal combs or other effective means of removing static electricity.

(2) All pulverizing of sugar or spice grinding shall comply with the requirements of NFPA 62 “Code for Pulverizing Systems for Sugar and Cocoa,” 1967 edition and NFPA 656 “Code for the Prevention of Dust Ignitions in Spice Grinding Plants,” 1959 edition, as adopted in R 408.18101a.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 408.18160 Feed hoppers {#sec-r-408.18160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18160}

Rule 8160. (1) A feed hopper for a grinder, pulverizer or food chopper shall have a guard over the hopper opening. The guard shall be 1 of the following:

(a) A grid with opening small enough to keep the fingers from touching the feeding knives or worm .

(b) A solid cover interlocked to the operating controls so that the machine will not operate when the cover is open .

(c) A hopper of such length or opening that the fingers cannot touch the knives .

(2) A feed hopper which is removable from a grinder, pulverizer or food chopper shall be interlocked to prevent operation of the machine when the hopper is removed .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18161 Chocolate and fig breaking machines {#sec-r-408.18161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18161}

Rule 8161. A chocolate and fig breaking machine shall be guarded as prescribed in R 408.18160 .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18171 Wrapping machines {#sec-r-408.18171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18171}

Rule 8171. (1) An electric sealing heater on a wrapping machine shall have the exposed heated surfaces guarded to prevent burns from accidental contact.

(2) Where more than 1 operator is feeding a wrapping machine, each operator shall have an emergency stop button as prescribed in R 408.18115(4), but there shall be only 1 start button station.

(3) A pouch-wrapping machine shall be equipped with a trip gate or interlocked enclosure ahead of or over the sealing jaws and wrapper guide.

(4) Electric wiring for the wrapper heaters shall be arranged so that a minimum number of wires are used to connect the movable heaters assembly to the permanent wiring of the machine.

This wiring shall be the heat resisting type as prescribed in General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18101a.

History

• History: 1979 AC; 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.18172 Carton wrapping machines {#sec-r-408.18172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18172}

Rule 8172. (1) An electric sealing heater on a carton wrapping machine shall be as prescribed in R 408.18171(1) .

(2) A hot metal glue pot for a carton wrapping machine shall have the heated surfaces insulated or guarded to prevent burns from accidental contact .

(3) The in-running nip points of power driven rolls shall be guarded .

(4) Pusher bars and pusher fingers of a carton wrapping machine which create a hazard for an employee shall be guarded by a barrier or enclosure .

(5) An end-seal drum on a carton wrapping machine shall be guarded at the pinch point and point of operation .

(6) An access cover or door on a carton wrapping machine shall be interlocked as prescribed in R 408.18151(3) .

(7) Where more than 1 operator is feeding a carton wrapping machine, each operator shall be provided controls prescribed in R 408.18115(5) .

(8) Where a safety switch is used to detect jams of product flow on a carton wrapping machine, the machine shall have a manual reset to prevent automatic restarting when the jam has been cleared .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18173 Bag loading machines {#sec-r-408.18173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18173}

Rule 8173. (1) A bag magazine feed and the funnel section of a bag loading machine shall be guarded by a movable panel or guard equipped with an interlock which stops the motion of all parts when the panel or guard is in an open position .

(2) A bag loading machine having a tying mechanism for the twist lock shall be guarded in a manner to prevent an employee from reaching the twisting hook .

(3) If more than 1 operator feeds a bag loading machine, an emergency stop within reach of each operator shall be provided as prescribed in R 408.18115(4) .

(4) A bread bagger shall have an interlocked enclosure over the top and both sides of the reciprocating pickup arm .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18174 Form-fill-seal pouch or bag machine {#sec-r-408.18174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18174}

Rule 8174. (1) A form-fill-seal pouch or bag machine shall have:

(a) The exposed hot long seam sealer parts insulated or guarded as prescribed in R 408.18171(1) .

(b) The in-running nip point of the power driven friction film feed rollers guarded.

(c) An emergency stop button within reach of each employee feeding the machine, as prescribed in R 408.18115(4) .

(2) Draw bar parts of a form-fill-seal pouch or bag machine shall be guarded by extending the frame structure, or a hinged or movable guard which shall be interlocked to the drive motor .

(3) An overhead extended rotating feed hopper of revolving turrets of a form-fillseal pouch or bag machine shall have a tray or pan guard installed to protect an employee from falling product or machine parts .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18175 Tray or carton forming and carton closing machines {#sec-r-408.18175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18175}

Rule 8175. (1) The former and corner lock section of a tray or carton forming and carton closing machine shall be guarded with interlocked hinged or removable covers or enclosures .

(2) The heated surfaces of a hot melt glue pot shall be insulated or guarded to prevent burns by accidental contact .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18176 Caddy, cover, and box stitchers {#sec-r-408.18176 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18176}

Rule 8176. A caddy, cover, and box stitcher shall be provided a point of operation guard or device to protect the operator's fingers .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18177 Carton and lining feeding machines {#sec-r-408.18177 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18177}

Rule 8177. A carton and lining feeding machine shall be equipped with a hinged hood type guard over the cutters which shall be interlocked with the drive motor .

History

• History: 1979 AC .

Mich. Admin. Code R 408.18181 Ovens {#sec-r-408.18181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18181}

Rule 8181. (1) With the exception of a range or cabinet type oven without moving parts installed before November 16, 1974, a combustible fueled oven shall be provided devices to protect against all of the following hazards:

(a) Ignition failure.

(b) Abnormal fuel pressure.

(c) Combustion air failure.

(d) Electrical power failure.

(e) Exhaust system failure.

(f) Excessive temperature.

(2) Preventilation purge shall be arranged in the safety control circuit and set so as to require operation of the exhaust and recirculating fans to provide not less than 4 complete oven heating chamber air changes with fresh air before the burner ignition system may be operated and fuel turned on.

(3) If a combustible fuel is used that is heavier than air, a bottom exhaust system shall be provided and used during the purge cycle.

(4) A direct-fired oven installed after November 16, 1974, shall be equipped with relief vents for freely relieving internal explosion pressures. The vents shall be proportioned in the ratio of their area to the area of explosion containing volume of the oven which shall be not less than 1 square foot of relief area to 30 cubic feet of oven volume.

(5) All safety controls shall be inspected not less than monthly as prescribed in Table 1 “Safety Control Inspection Guide for Washers and Ovens” of R 408.18142(5).

History

• History: 1979 AC; 1982 AACS; 2014 AACS.

Mich. Admin. Code R 408.18182 Range and cabinet type ovens {#sec-r-408.18182 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18182}

Rule 8182. (1) A range or cabinet type oven without moving parts installed before November 16, 1974 shall be equipped with fuel failure safety device for the pilot and burner.

(2) A range or cabinet type oven without moving parts installed after November 16, 1974 shall be as prescribed in R 408.18181.

History

• History: 1979 AC; 2014 AACS.

R 408.18501 to R 408.18599 Part 85. The Control of Hazardous Energy Sources

Mich. Admin. Code R 408.18501 Scope {#sec-r-408.18501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 85. THE CONTROL OF HAZARDOUS ENERGY SOURCES

Rule 8501. (1) These rules establish minimum requirements for the lockout/tagout of energy sources for the protection of employees, in, on, or around machines, equipment, or a process during repair, maintenance, and associated activities, from injury due to unexpected/unintended motion, energization, start-up, or release of stored energy from the machine, equipment, or process.

(2) Except where the provisions of these rules conflict with specific requirements for the lockout/tagout of energy sources in any other general industry safety standard, the provisions of these rules and the requirements specified in any other general industry safety standard rule shall be deemed to have concurrent application. Where a specific general industry safety standard contains lockout/tagout requirements, the specific provisions set forth in the general industry safety standard shall prevail if there is a conflict with the requirements set forth in these rules.

History

• History: 1993 AACS.

Mich. Admin. Code R 408.18502 Adoption by reference of federal standard {#sec-r-408.18502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18502}

Rule 8502. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.147 “The control of hazardous energy (lockout/tagout),” as amended May 2, 2011.

(b) 29 C.F.R. §1910.147 Appendix A “Typical minimal lockout procedures,” as amended February 13, 1996.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1993 AACS; 2016 AACS.

Mich. Admin. Code R 408.18599 Availability of adopted rules {#sec-r-408.18599 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18599}

Rule 8599. (1) The standards adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1993 AACS; 2016 AACS.

R 408.18601 to R 408.18610 Part 86. Electric Power Generation, Transmission and Distribution

Mich. Admin. Code R 408.18601 Scope {#sec-r-408.18601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the Department of Licensing and Regulatory Affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 86. ELECTRIC POWER GENERATION, TRANSMISSION, AND

DISTRIBUTION

Rule 8601. This standard establishes the work practices to be used during the operation and maintenance of electrical power generation, transmission, and distribution facilities. These rules apply to all of the following:

(a) Enclosed spaces.

(b) Hazardous energy control.

(c) Working near energized parts.

(d) Grounding for employee protection.

(e) Underground and overhead installations.

(f) Line clearance tree trimming.

(g) Substations and generating plants.

(h) Other conditions and equipment unique to the generation, transmission, and distribution of electric energy.

History

• History: 1995 AACS; 2018 AACS.

Mich. Admin. Code R 408.18602 Adoption of a federal standard {#sec-r-408.18602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18602}

Rule 8602. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 C.F.R. §1910.269, “Electric Power Generation, Transmission, and Distribution” and appendices, as amended October 5, 2015, are adopted by reference in these rules.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094.

(3) The availability information for the OSHA standard adopted in these rules is in R 408.18605 and MIOSHA standards referenced in these rules are in R 408.18610.

(4) The OSHA standards referenced in 1910.269 are listed in Table 1 with the equivalent MIOSHA standard. See Table 1.

TABLE 1

OSHA REFERENCED

STANDARDS

MEANS THE FOLLOWING

MIOSHA STANDARDS 1910.5 Applicability of standards MIOSHA 1974 PA 154, MCL 408.1001 to 408.1094 1910.12 Construction work MIOSHA 1974 PA 154, MCL 408.1001 to 408.1094. 1910.25 Stairways GISH 2 Walking-Working Surfaces 1910.26 Dockboards GISH 2 Walking-Working Surfaces 1910.97 Nonionizing radiation OH 382 Nonionizing Radiation, 1910.132 PPE, General requirements GISH 33 Personal Protective Equipment 1910.135 Head protection GISH 33 Personal Protective Equipment 1910.141 Sanitation OH 474 Sanitation 1910.145 Specifications for accident prevention signs and tags GI 37 Accident Prevention Signs and Tags 1910.146 Permit-required confined space GI 90 Permit-Required Confined Spaces 1910.147 Control of hazardous energy - lockout GI 85 The Control of Hazardous Energy Sources 1910.151 Medical services and first aid OH 472 Medical Services and First Aid 1910.243 Guarding of portable powered tools GI 38 Hand and Portable Powered Tools 1910.266 Logging operations GI 51 Logging 1910.268 Telecommunications GISH 50 Telecommunications for General Industry TABLE 1 OSHA REFERENCED STANDARDS MEANS THE FOLLOWING MIOSHA STANDARDS 1910.302 Electric utilization systems GI 39 Design Safety Standards for Electrical Systems 1910.303 Electrical, General GI 39 Design Safety Standards for Electrical Systems 1910.304 Wiring design and protection GI 39 Design Safety Standards for Electrical Systems 1910.305 Wiring methods, components, and equipment for general use GI 39 Design Safety Standards for Electrical Systems 1910.306 Specific purpose equipment and installations GI 39 Design Safety Standards for Electrical Systems 1910.307 Hazardous (classified) locations GI 39 Design Safety Standards for Electrical Systems 1910.308 Special systems GI 39 Design Safety Standards for Electrical Systems 1910.331 Electrical, Scope GI 40 Electrical Safety-Related Work Practices 1910.332 Electrical, Training GI 40 Electrical Safety-Related Work Practices 1910.333 Selection and use of work practices GI 40 Electrical Safety-Related Work Practices 1910.334 Use of equipment GI 40 Electrical Safety-Related Work Practices 1910.335 Safeguards for personnel protection GI 40 Electrical Safety-Related Work Practices 1910.1200 Hazard Communication GI 92 Hazard Communication 1910 Subpart D, Walking – Working Surfaces GISH 2 Walking-Working Surfaces 1910 Subpart I, Personal Protective Equipment GISH 33 Personal Protective Equipment TABLE 1 OSHA REFERENCED STANDARDS MEANS THE FOLLOWING MIOSHA STANDARDS 1910 Subpart G, Occupational Health and Environmental Control OH 380 Occupational Noise Exposure in General Industry OH 382 Nonionizing Radiation OH 520 Ventilation Control 1910 Subpart N, Materials Handling and Storage means GISH 1 General Provisions GI 13 Derricks GISH 18 Overhead and Gantry Cranes GI 19 Crawler, Locomotive and Truck Cranes GI 20 Underhung Cranes and Monorail Systems GISH 21 Powered Industrial Trucks GI 49 Slings GI 59 Helicopters GI 72 Automotive Service Operation 1910 Subpart S, Electrical GI 39 Design Safety Standards for Electrical Systems GI 40 Electrical Safety-Related Work Practices 1910 Subpart Z Toxic and Hazardous Substances OH 301 Air Contaminants for General Industry 1926.54 Nonionizing radiation OH 681 Radiation of Construction:

Ionizing and Nonionizing 1926.100 Head protection CS 6 Personal Protective Equipment 1926.200 Accident prevention signs and tags CS 22 Signals, Signs, Tags, and Barricades 1926.950 Electric Power Transmission and distribution, General CS 16 Power Transmission and Distribution 1926 Subpart P Excavations CS 9 Excavation, Trenching, and Shoring TABLE 1 OSHA REFERENCED STANDARDS MEANS THE FOLLOWING MIOSHA STANDARDS 1926 Subpart W Rollover Protective Structures; Overhead Protection CS 13 Mobile Equipment GI – means General Industry Safety Standard GISH – means General Industry Safety and Health Standard CS – means Construction Safety Standard OH – means Occupational Health Standard

History

• History: 1995 AACS; 1997 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.18605 Availability of OSHA adopted standard {#sec-r-408.18605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18605}

Rule 8605. (1) The standard adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The appendices to these rules are informational only and are not intended to create any additional obligations or requirements not otherwise imposed by these rules or to detract from any established obligations or requirements.

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.18610 Availability of MIOSHA referenced standards {#sec-r-408.18610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.18610}

Rule 8610. (1) The Michigan Occupational Safety and Health Administration (MIOSHA) standards referenced in these rules are available at up to 5 copies of these standards at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(2) The following MIOSHA Construction Safety Standards (CS) are referenced in these rules:

(a) CS Part 6 “Personal Protective Equipment,” R 408.40601 to R 408.40641.

(b) CS Part 9 “Excavation, Trenching, and Shoring,” R 408.40901 to R 408.40953.

(c) CS Part 13 “Mobile Equipment,” R 408.41301.

(d) CS Part 16 “Power Transmission and Distribution,” R 408.41601 to R 408.41658.

(e) CS Part 22 “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243.

(3) The following MIOSHA General Industry Safety Standards (GI) are referenced in these rules:

(a) GI Part 13 “Derricks,” R 408.11301.

(b) GI Part 19 “Crawler, Locomotive and Truck Cranes,” R 408.11901 to R 408.11972.

(c) GI Part 20 “Underhung Cranes and Monorail Systems,” R 408.12001 to R 408.12045.

(d) GI Part 37 “Accident Prevention Signs and Tags,” R 408.13701 to R 408.13736.

(e) GI Part 38 “Hand and Portable Powered Tools,” R 408.13801 to R 408.13882.

(f) GI Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902.

(g) GI Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009.

(h) GI Part 49 “Slings,” R 408.14901 to R 408.14965.

(i) GI Part 51 “Logging,” R 408.15101 to R 408.15181.

(j) GI Part 59 “Helicopters,” R 408.15901 to R 408.15931.

(k) GI Part 72 “Automotive Service Operations,” R 408.17201 to R 408.17253.

(l) GI Part 85 “The Control of Hazardous Energy Sources,” R 408.18501 to R 408.18599.

(m) GI Part 90 “Permit-Required Confined Spaces,” R 408.19001 to R 408.19002.

(n) GI Part 92 “Hazard Communication,” R 408.19201 to R 408.19204.

(4) The following MIOSHA General Industry Safety and Health Standards (GISH) are referenced in these rules:

(a) GISH Part 1 “General Provisions,” R 408.10001 to R 408.10098.

(b) GISH Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(c) GISH Part 18 “Overhead and Gantry Cranes,” R 408.11801 to R 408.11875.

(d) GISH Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193.

(e) GISH Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) GISH Part 50 “Telecommunications for General Industry,” R 408.15001 to R 408.15004.

(5) The following MIOSHA Occupational Health Standards (OH) are referenced in these rules:

(a) OH Part 301 “Air Contaminants for General Industry,” R 325.51101 to R 325.51108.

(b) OH Part 380 “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(c) OH Part 382 “Nonionizing Radiation,” R 325.60701 to R 325.60704.

(d) OH Part 472 “Medical Services and First Aid,” R 325.47201.

(e) OH Part 474 “Sanitation,” R 325.47401 to R 325.47427.

(f) OH Part 520 “Ventilation Control,” R 325.52001 to R 325.52012.

(g) OH Part 681 “Radiation of Construction: Ionizing and Nonionizing,”

R 325.68101 to R 325.68102.

History

• History: 2018 AACS.

R 408.19001 to R 408.19002 Part 90. Permit-Required Confined Spaces

Mich. Admin. Code R 408.19001 Scope {#sec-r-408.19001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 90. PERMIT-REQUIRED CONFINED SPACES

Rule 9001. (1) These rules establish the minimum requirements for the practices and procedures to protect employees from the hazards associated with entry into permitrequired confined spaces.

(2) The provisions of these rules shall be applied unless they conflict with specific requirements for confined space entry in any other standard.

(3) The regulations adopted in these rules do not apply to the construction industry, agricultural operations, or shipyard employment.

History

• History: 1993 AACS; 2017 AACS.

Mich. Admin. Code R 408.19002 Adoption of federal standard {#sec-r-408.19002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19002}

Rule 9002. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 1910.146 "Permit-required confined spaces," effective December 27, 2011.

(b) Appendix A “Permit-required confined space decision flow chart,” effective December 1, 1998.

(c) Appendix B “Procedures for atmospheric testing,” effective June 29, 1993.

(d) Appendix C “Examples of permit-required confined space programs,” effective June 29, 1993.

(e) Appendix D “Confined space pre-entry check list,” effective June 29, 1993.

(f) Appendix E “Sewer system entry,” effective May 19, 1994.

(g) Appendix F “Rescue team or rescue service evaluation criteria,” effective December 1, 1998.

(2) The regulations adopted in these rules have the same force and effect as rules promulgated under 1974 PA 154, the Michigan occupational safety and health act (MIOSHA), MCL 408.1001 to 408.1094.

(3) The regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(4) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(5) The regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History

• History: 1993 AACS; 1998-2000 AACS; 2011 AACS; 2017 AACS.

R 408.19101 to R 408.19103 Part 91. Process Safety Management of Highly Hazardous Chemicals

Mich. Admin. Code R 408.19101 Scope {#sec-r-408.19101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 91. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS

CHEMICALS

Rule 9101. (1) This standard applies to the manufacturing of explosives and pyrotechnics. These rules do not apply to the sale and use, such as public displays, of pyrotechnics, commonly known as fireworks, or to the use of explosives in the form prescribed in the official United States pharmacopeia.

(2) The manufacture of explosives, as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.19102, shall be in compliance with the requirements contained in the provisions of these rules.

(3) The manufacture of pyrotechnics as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.19102, shall be in compliance with the provisions of these rules.

History

• History: 1993 AACS; 1998-2000 AACS; 2013 AACS; 2017 AACS.

Mich. Admin. Code R 408.19102 Adoption of standards by reference {#sec-r-408.19102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19102}

Rule 9102. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1910.119 “Process safety management of highly hazardous chemicals,” effective February 8, 2013.

(b) 29 C.F.R. §1910.119 Appendix A “List of highly hazardous chemicals, toxics and reactives (mandatory),” effective December 27, 2011.

(2) All of the following provisions apply with respect to the regulations adopted in this rule:

(a) A reference to 29 C.F.R. §1910.1200 “Hazard communication,” means Occupational Health Standard Part 430 “Hazard Communication;” General Industry Safety Standard Part 92 “Hazard Communication;” and Construction Safety Standard Part 42 “Hazard Communication;” as referenced in R 408.19103.

(b) A reference to 29 C.F.R. §1910.38, “Emergency action plans,” means General Industry Safety Standard Part 6 “Fire Exits,” as referenced in R 408.19103.

(c) A reference to 29 C.F.R. §1910.109, “Explosives and blasting agents,” means General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.19103.

(d) A reference to 29 C.F.R. §1910.252, “Welding, cutting, and brazing,” means General Industry Safety Standard Part 12 “Welding and Cutting,” as referenced in R 408.19103.

(e) A reference to 29 C.F.R. §1910.120 “Hazardous waste operations and emergency response,” means Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” as referenced in R 408.19103.

(3) The provisions of 29 C.F.R. §1910.119 and 29 C.F.R. §1910.119 Appendix A have the same force and effect as rules promulgated under Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The standards adopted in this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standards adopted in this rule are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) The standards adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909- 8143, plus $20.00 for shipping and handling.

History

• History: 1993 AACS; 1998-2000 AACS; 2013 AACS; 2017 AACS.

Mich. Admin. Code R 408.19103 MIOSHA referenced standards {#sec-r-408.19103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19103}

Rule 9103. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44203.

(b) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19203.

(c) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(d) General Industry Safety Standard Part 6 “Fire Exits,” R 408.10601 to R 408.10697.

(e) General Industry Safety Standard Part 12 “Welding and Cutting,” R 408.11201 to R 408.11299.

(f) General Industry Safety Standard Part 55 “Explosives and Blasting Agents,”

R 408.15501.

(g) Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” R 325.52101 to R 325.52137.

History

• History: 2013 AACS; 2017 AACS.

R 408.19201 to R 408.19204 Part 92. Hazard Communication

Mich. Admin. Code R 408.19201 Scope and application {#sec-r-408.19201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 92. HAZARD COMMUNICATION

Rule 9201. (1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employers and communicated to employees. These rules establish requirements to ensure that markings, placards, and labels required on hazardous materials and explosives, both in transportation and at stationary facilities, are retained until the materials have been removed to the extent that the materials do not pose a hazard.

(2) The regulations adopted by R 408.19202 apply to all chemical manufacturers, chemical importers, and employers pursuant to the provisions of 29 CFR 1910.1200 and 29 CFR 1926.59.

(3) The regulations adopted by R 408.19203 apply to workplaces pursuant to the provisions of 29 CFR 1910.1201 and 29 CFR 1928.21.

(4) Section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a, adopted the original federal standard by reference. In addition, sections 14b to 14l of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014b to 408.1014l, set forth additional requirements for employers in this state. The regulations adopted by R 408.19202 have the force and effect of law, but only to the extent they are consistent with section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a. If there is inconsistency, section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a, controls.

History

• History: 1995 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.19202 Hazard communication; adoption by reference {#sec-r-408.19202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19202}

Rule 9202. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1200 “Hazard Communication,” July 19, 2024.

(b) 29 CFR 1910.1200 “Hazard Communication,” February 8, 2013.

(c) 29 CFR 1926.59 “Hazard Communication,” June 20, 1996.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.19203 Retention of department of transportation markings, placards, and labels; adoption by reference {#sec-r-408.19203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19203}

Rule 9203. (1) The following federal OSHA regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1201 “Retention of DOT markings, placards and labels” July 19, 1994.

(b) 29 CFR 1926.61 “Retention of DOT markings, placards and labels,” June 20, 1996.

(c) 29 CFR 1928.21 “Applicability of Standards in 29 CFR Part 1910” March 7, 1996.

(2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.19204 Availability of adopted rules {#sec-r-408.19204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19204}

Rule 9204. (1) The standards adopted in these rules are available from the United States Department of Labor, OSHA website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standards adopted in these rules are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933.

(3) The standards adopted in these rules may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

R 408.19301 to R 408.19301 Part 93. Air Receivers

Mich. Admin. Code R 408.19301 Adoption by reference of federal standard {#sec-r-408.19301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19301}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

(By authority conferred on the director of the department of consumer and industry services by sections 16 and 21 of 1974 PA 154 and Executive Reorganization Order No. 1996-2, MCL 408.1016, 408.1021, and 445.2001)

PART 93. AIR RECEIVERS (1910.169)

Rule 9301. The provisions of 29 C.F.R. §1910.169, as published in the Federal Register on June 27, 1974, p.23502, and as amended in the Federal Register on February 10, 1984, p. 5322 and March 7, 1996, p. 9227 are adopted by reference in this rule. The adopted regulations are available from the United States Department of Labor, Occupational Safety and Health Administration, 801 South Waverly, Room 306, Lansing, Michigan, 48917, at no charge as of the time of adoption of this rule, or from the Michigan Department of Consumer and Industry Services, Standards Division, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909, at no charge as of the time of adoption of this rule.

History

• History: 2000 MR 11, Eff. Aug. 7, 2000.

R 408.19401 to R 408.19410 Part 94 Textiles

Mich. Admin. Code R 408.19401 Scope {#sec-r-408.19401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the Department of Licensing and Regulatory Affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 94 TEXTILES

Rule 9401. This standard applies to the design, installation, processes, operation and maintenance of textile machinery, equipment, and other plant facilities in all plants engaged in the manufacture and processing of textiles, except those processes used exclusively in the manufacture of synthetic fibers.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.19403 Adoption of a federal standard {#sec-r-408.19403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19403}

Rule 9403. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 C.F.R. §1910.262, “Textiles,” as amended November 18, 2016, is adopted by reference in these rules.

(2) A reference to §1910.264, “Laundry machinery and operations,” means General Industry Safety Standard Part 71 “Laundry and Dry Cleaning Machinery and Operations.”

(3) A reference to §1910.144, “Safety color code for marking physical hazards,” means General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags.”

(4) A reference to §1910 Subpart D, “Walking-Working Surfaces,” means General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces.”

(5) The availability information for the standards adopted in these rules is in R 408.19405 and MIOSHA standards referenced in these rules is in R 408.19410.

(6) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.19405 Adopted standards {#sec-r-408.19405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19405}

Rule 9405. (1) The OSHA regulation 29 C.F.R. §1910.262, “Textiles,” adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration, website www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The following standards are adopted in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American National Safety Institute ANSI Standard Z9.2 “Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems,” 1960 edition. Cost $32.00.

(b) American Society of Mechanical Engineers ASME Boiler and Pressure Vessel Code, Section VIII, “Unfired Pressure Vessels,” 1968 edition. Cost: $514.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.19410 Availability of MIOSHA referenced standards {#sec-r-408.19410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.19410}

Rule 9410. The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,”

R 408.10201 to R 408.10241.

(b) General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags,”

R 408.13701 to R 408.13738.

(c) General Industry Safety Standard Part 71 “Laundry and Dry Cleaning Machinery and Operations,” R 408.17101 to R 408.17163.

Rule 3403 Rescinded.

Rule 3504 Rescinded.

Rule 5002 Rescinded.

History

• History: 2018 AACS.
• History: 2014 AACS.
• History: 2014 AACS.
• History: 2014 AACS.

R 408.21401 to R 408.21447 Part 4. Procedures Board of Appeal

Mich. Admin. Code R 408.21401 Scope {#sec-r-408.21401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21401}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATIONS

OCCUPATIONAL SAFETY AND HEALTH

(By authority conferred on the board of health and safety compliance and appeals by section 46 of Act No. 154 of the Public Acts of 1974, as amended, and section 33 of Act No. 306 of the Public Acts of 1969, as amended, being SS408.1046 and 24.233 of the Michigan Compiled Laws)

PART 4. PROCEDURES

GENERAL PROVISIONS

Rule 401. (1) These rules shall govern proceedings in contested cases before the board or a hearings officer.

(2) Proceedings in a hearing before the board or a hearings officer shall also be governed by chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws, and the act.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21403 Definitions; A to D {#sec-r-408.21403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21403}

Rule 403. (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) "Board" means the board of health and safety compliance and appeals.

(3) "Bureau" means the bureau of safety and regulation or the bureau of environmental and occupational health.

(4) "Citation" means a written communication issued by the department to an employer pursuant to section 33 of the act.

(5) "Day" means a calendar day.

(6) "Department" means the department of consumer and industry services or the department of public health.

(7) "Director" means the director of the department of consumer and industry services or his authorized representative, or the director of the department of public health or his authorized representative.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21405 Definitions; E to P {#sec-r-408.21405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21405}

Rule 405. (1) "Executive secretary" means secretary to the board.

(2) "Party" means the employer cited, the employee or employees affected by the citation, or their legal representative, and the department.

(3) "Person" means 1 or more individuals, partnerships, associations, corporations, business trusts, representatives, an organized group of individuals, or the state or a political subdivision of the state, or an agency, instrumentality, or authority thereof.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21411 Computation of time {#sec-r-408.21411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21411}

Rule 411. In the computation of the period of time within which an act shall be performed or appeal filed, the calendar day from which the act shall be performed or appeal filed shall be excluded in the computation of time. The calendar day on which a compliance therewith is required shall be included. If the last day within which the act shall be performed or appeal filed is a Saturday, Sunday, or a legal holiday, that day shall be excluded and the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21412 Extension of time {#sec-r-408.21412 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21412}

Rule 412. Requests for an extension of time for the filing of any document or application shall be received in advance of the date on which document or application is due to be filed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21413 Filing {#sec-r-408.21413 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21413}

Rule 413. (1) All documents, with the exception of the notice of appeal, shall be filed with the Board of Health and Safety Compliance and Appeals, State Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909. The notice of appeal shall be filed with the division of the department that issued the citation.

(2) Delivery for filing may be accomplished by registered, certified, or first class mail or by personal delivery at the Board of Health and Safety Compliance and Appeals, State Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909.

(3) Filing is deemed effective at the time of mailing or at the time of personal service at the board. The mailing date shall be presumed to be the postmark date appearing on the envelope if postage was prepaid and the envelope was properly addressed.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21414 Protection of trade secrets {#sec-r-408.21414 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21414}

Rule 414. Upon application of a party, the board or a hearings officer shall issue such orders as may be appropriate to protect the confidentiality of trade secrets obtained in connection with an inspection, investigation, or proceedings conducted pursuant to the act.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21415 Responsibility of employers to notify employees of proceedings {#sec-r-408.21415 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21415}

Rule 415. (1) The employer shall, upon filing an appeal at the place where citations are required to be posted, post a copy of the notice of appeal and serve, by prepaid postage, first class mail, or by personal delivery, a copy of the notice of appeal on an authorized employee representative. The notice shall inform the affected employees of their right to party status and of the availability of all pleadings for their inspection and copying at reasonable times. The notice shall remain posted until the notice of hearing is received and posted. The employee rights statement made in the following form shall be deemed to comply with this rule:

"(name of employer) Your employer has been cited by the (Michigan Department of Consumer and Industry Services or Michigan Department of Public Health) for violation of an occupational safety or health standard.

The citation (or penalty) has been contested and will be the subject of a hearing before the Board of Health and Safety Compliance and Appeals.

Affected employees are entitled to participate as parties under the terms and conditions established by the Board of Health and Safety Compliance and Appeals in its rules of procedure. Notice of intent to participate should be sent to the Board of Health and Safety Compliance and Appeals, Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909.

All documents filed relative to this matter and a copy of the board rules, may be inspected at (place reasonably convenient to employees, preferably at or near work place)."

(2) Where appropriate, the second sentence of the above notice shall be deleted and the following sentence shall be substituted: "The reasonableness of the period prescribed by the (department of consumer and industry services or department of public health) for the abatement of the violation has been contested and will be the subject of a hearing before the Board of Health and Safety Compliance and Appeals."

History

• History: 1979 AC.

Mich. Admin. Code R 408.21416 Responsibility of employee to notify employer and other employees of proceedings {#sec-r-408.21416 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21416}

Rule 416. Where an employee petition relating to the reasonableness of the abatement period is filed by an employee or an authorized employee representative, a copy of the employee petition shall be provided to the employer by the department for posting at or near the place where the citation is required to be posted.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21417 Parties and representatives {#sec-r-408.21417 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21417}

Rule 417. (1) Employees may elect to participate as parties at any time before the commencement of a hearing, unless, for good cause shown, the board allows an election at a later time.

(2) Where an employee appeal is filed with respect to the reasonableness of a period of abatement of a violation, the employer charged with the responsibility of abating the violation may elect party status at any time before the commencement of the hearing, unless, for good cause shown, the board allows an election at a later time.

(3) An authorized employee representative who files an appeal shall be responsible for serving a copy of the appeal with an authorized employee representative whose members are affected.

(4) The department shall be a party to all proceedings before the board.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21418 Representative of parties {#sec-r-408.21418 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21418}

Rule 418. (1) A party may appear in person or by a representative.

(2) Nothing contained herein shall be construed to require a representative to be an attorney-at-law.

DOCUMENTS

History

• History: 1979 AC.

Mich. Admin. Code R 408.21421 Form of documents {#sec-r-408.21421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21421}

Rule 421. (1) There are no specific requirements relative to the form of documents.

(2) A document shall contain:

(a) A caption sufficient to identify the parties.

(b) The board's docket number, if assigned.

(c) A clear, plain statement of the relief sought, together with the grounds therefor.

(d) A signature by the party involved or by his representative.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21422 Notice of hearing {#sec-r-408.21422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21422}

Rule 422. (1) The board shall, immediately upon receiving a notice of hearing from the department, send the notice of hearing to all parties.

The employer shall post a copy of the notice of hearing at the place where the notice of appeal was required to be posted, and serve by prepaid postage first class mail, or by personal delivery, a copy of the notice on an authorized employee representative.

Notice of hearing shall remain posted until the conclusion of the hearing.

(2) The notice of hearing, which has been prepared by the department, shall have endorsed thereon prior to the mailing to the parties, a date of hearing.

(3) The notice of hearing shall comply with the requirements of section 71 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 of the Michigan Compiled Laws, as follows:

(a) The parties shall be given an opportunity for a hearing without undue delay.

(b) The parties shall be given a reasonable notice of the hearing. The notice shall include:

(i) A statement of the date, hour, place, and nature of the hearing.

Unless otherwise specified in the notice, the hearing shall be held at the principal office of the agency.

(ii) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(iii) A reference to the particular sections of the statutes and rules involved.

(iv) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is given, the initial notice may state the issues involved.

Thereafter, on application, the agency or other party shall furnish a more definite and detailed statement of the issues.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21423 Intervention {#sec-r-408.21423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21423}

Rule 423. (1) A petition for leave to intervene may be filed at any stage of a proceeding before commencement of the hearing.

(2) The petition shall set forth the interest of the petitioner in the proceeding and show that the participation of the petitioner shall assist in the determination of the issues in question, and that the intervention shall not unnecessarily delay the proceeding.

(3) The board or the hearings officer may grant a petition for intervention to such an extent and upon such terms as the board or the hearings officer determines.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21424 Statement of position and oral participation {#sec-r-408.21424 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21424}

Rule 424. At any time prior to the commencement of a hearing, a person entitled to appear as a party or an intervenor may file a statement of position with respect to any issue to be heard.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21425 Withdrawal of notice of appeal {#sec-r-408.21425 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21425}

Rule 425. At any stage of the proceeding, a party may withdraw his appeal or petition.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21426 Prehearing conference {#sec-r-408.21426 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21426}

Rule 426. (1) At any time before a hearing, the board or hearings officer, on its own motion or on motion of a party, may direct the parties to exchange information or to participate in a prehearing conference for the purpose of considering matters which will tend to simplify the issues or expedite the proceedings.

(2) The hearings officer shall issue a prehearing statement which shall include the agreements reached by the parties. This statement shall be served on the parties and shall be a part of the record.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21427 Issuance of subpoenas; petitions to revoke or modify subpoenas; right to inspect or copy data {#sec-r-408.21427 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21427}

Rule 427. (1) The board shall, on the written application of a party, issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, records, correspondence, or documents, in his possession or under his control. An application for a subpoena may be made ex parte.

The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued.

(2) Witness fees shall be paid to subpoenaed witnesses by the party who sought the subpoena. Witnesses ordered to appear in a proceeding pending before the board shall be entitled to the same fees as paid for like services in the circuit court.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21428 Failure to appear {#sec-r-408.21428 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21428}

Rule 428. (1) If a party fails to appear in a contested case after proper notice, the hearing may proceed in the absence of the party.

(2) The hearings officer, upon request filed within 10 days after the scheduled hearing date and upon a showing of good cause, may excuse the failure to appear. In that event, the hearing shall be rescheduled.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21429 Transcript of testimony {#sec-r-408.21429 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21429}

Rule 429. A hearing shall be recorded verbatim. A transcript of the testimony shall be prepared upon request of a party or the board. A transcript shall be duly certified by the reporter. Parties requesting a transcript shall pay for the transcript.

HEARINGS

History

• History: 1979 AC.

Mich. Admin. Code R 408.21431 Duties and powers of hearings officer {#sec-r-408.21431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21431}

Rule 431. (1) The hearings officer shall conduct a fair and impartial hearing, assure that the facts are fully elicited, adjudicate all issues, and avoid delay.

(2) The hearings officer shall have authority, with respect to cases assigned to him between the time he is designated and the time he issues his report and subject to the rules of the board and the provisions of chapter 4 of Act No. 306 of the Public Acts of 1969, being S24.271 et seq. of the Michigan Compiled Laws, to do the following:

(a) Administer oaths and affirmations.

(b) Sign and issue subpoenas in the name of the agency and require the attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence.

(c) Provide for the taking of testimony by deposition.

(d) Regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents.

(e) Direct the parties to appear and confer to consider simplification of the issues by consent of the parties.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21432 Report of hearings officer {#sec-r-408.21432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21432}

Rule 432. (1) The report of the hearings officer shall include findings of fact, conclusions of law, and a determination.

(2) The hearings officer shall sign and date the report. Upon filing of the report with the executive secretary and the parties, jurisdiction shall rest solely in the board.

All motions, petitions, and other pleadings filed subsequent to the filing of the report shall be addressed to the executive secretary.

(3) The report of the hearings officer shall become the final order of the board 30 days after filing with the board and parties, unless a board member directs that the report be reviewed and acted upon by the board.

(4) A party may file with the board exceptions, including written arguments, to the report of the hearings officer. Exceptions shall be received by the board within 20 days of the filing of the report.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21433 Authority of board {#sec-r-408.21433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21433}

Rule 433. (1) In reviewing a report of a hearings officer, the board, by a vote of not less than a majority of its members, may:

(a) Dismiss or modify the citation.

(b) Modify the abatement time of the citation.

(c) Issue a final order sustaining the citation, the abatement time, or the assessed penalty.

(d) Vacate or modify assessed penalties.

(e) Remand the case for the taking of additional evidence or for correction of proceedings.

(f) Direct other appropriate relief.

(2) Upon a showing by an employer that a good faith effort has been made to comply with the abatement requirements of a citation that has become a final order of the board as provided in the act, and that the abatement has not been completed because of circumstances beyond the reasonable control of the employer, the board, after a hearing if requested by the employer, affected employees, or the department, shall issue an order affirming or modifying the abatement requirements in the citation.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21434 Oral argument before the board; briefs; remand by board {#sec-r-408.21434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21434}

Rule 434. (1) Oral argument before the board shall not ordinarily be allowed.

(2) The board, upon request, may permit a party to submit a brief relative to an issue raised in the matter before it. The board may request briefs from the parties.

(3) In the event the board finds that the record is inadequate, the board may order the matter remanded to a hearings officer for a rehearing.

PETITIONS

History

• History: 1979 AC.

Mich. Admin. Code R 408.21441 Petition for modification of abatement period {#sec-r-408.21441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21441}

Rule 441. (1) An employer may file a petition for modification of abatement date when the employer has made a good faith effort to comply with the abatement requirements of a citation, that has become a final order of the board, but the abatement has not been completed because of the factors beyond the employer's reasonable control.

(2) A petition for modification of abatement date shall be in writing and shall include the following information:

(a) Steps taken by the employer, and the dates of those steps in an effort to achieve compliance during the prescribed abatement period.

(b) The specific additional abatement time needed in order to achieve compliance.

(c) The reasons the additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date.

(d) Available interim steps being taken to safeguard the employees against the cited hazard during the abatement period.

(e) A certification that the petition for modification of abatement date has been filed and posted in accordance with subrule (4).

(3) A petition for modification of abatement date shall be filed with the board no later than the close of the next working day following the date on which abatement was originally required. A petition filed later shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.

(4) On the same day that the petition is filed with the board, a copy of the petition shall be filed with the department that issued the citation and a copy shall be posted by the employer in a conspicuous place at or near the place where the citation was required to be posted and remain so posted for a period of 10 working days.

(5) The department, affected employees, or their representatives may file written objection to the petition with the board setting forth the reasons for opposing the petition. An objecting party shall also file a copy of the written objection with the other parties. Failure to file an objection within 10 working days of the date of filing the petition shall constitute a waiver of any further right to object to the petition.

(6) The board may approve without a hearing a petition for modification of an abatement date to which an objection has not been filed.

(7) Where a petition is objected to by the department or affected employees, the petition shall be processed as follows:

(a) The board shall process the petition in the same manner as any other contested case, except that a hearing on the petition shall be handled in an expeditious fashion.

(b) An employer petitioning for a modification of an abatement period shall have the burden of proving by a preponderance of the evidence that he has made a good faith effort to comply with the abatement requirements of the citation and that abatement has not been completed because of factors beyond his control.

MISCELLANEOUS PROVISIONS

History

• History: 1979 AC.

Mich. Admin. Code R 408.21442 Settlement {#sec-r-408.21442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21442}

Rule 442. (1) Settlement is encouraged at any stage of the proceedings where the settlement is consistent with the provisions and objectives of the act.

(2) A settlement agreement submitted by the parties shall be accompanied by an appropriate, proposed order.

(3) Where parties to a settlement agree upon a proposal, it shall be served upon the represented and unrepresented affected employees not less than 10 days prior to submission to the board for approval in the same manner as required for serving notices of hearing in R 408.21422(1) of these rules. The proposed settlement, when submitted to the board or hearings officer, shall contain a certification indicating the date and the manner in which service of the settlement was made on the represented and unrepresented affected employees.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21443 Ex parte communication {#sec-r-408.21443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21443}

Rule 443. There shall not be ex parte communication, with respect to the merits of a case not concluded, between the board, including a member, officer, employee or agent of the board who is employed in the decisional process, and a party.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21444 Restriction as to participation by investigative or prosecuting officers {#sec-r-408.21444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21444}

Rule 444. In a proceeding noticed pursuant to the rules, the director shall not participate or advise, except as a party to the proceeding, with respect to the report of the hearings officer or the board decision.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21445 Inspection and reproduction of documents {#sec-r-408.21445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21445}

Rule 445. (1) Subject to the provision of law restricting public disclosures of information, a person may, at the offices of the board, inspect and copy a document filed in a proceeding.

(2) Actual costs of reproduction shall be borne by the person seeking the document.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21446 Restriction with respect to former employee {#sec-r-408.21446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21446}

Rule 446. (1) A former employee of the board or of the director, including a member of the board or the director, shall not appear before the board as an attorney or other representative for a party in a contested case in which that person participated personally and substantially during the period of that person's employment.

(2) A former employee of the board or of the director, including a member of the board or the director, shall not appear before the board as an attorney or other representative for a party in a proceeding or other matter, formal or informal, for which that person was personally responsible during the period of that person's employment, unless 1 year has elapsed since the termination of the employment.

(3) The prohibition against participation as an attorney or other representative as specified in subrules (1) and (2) applies to the attorney general and the assistants of the attorney general who serve the department.

History

• History: 1979 AC.

Mich. Admin. Code R 408.21447 Amendment to rules {#sec-r-408.21447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.21447}

Rule 447. The board may at any time upon its motion or initiative, or upon written suggestion of an interested person setting forth reasonable grounds therefor, amend or revoke any of the rules contained herein, pursuant to the administrative procedures act, Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.

History

• History: 1979 AC.

R 408.22101 to R 408.22162 Part 11. Recording and Reporting of Occupational Injuries and Illnesses

Mich. Admin. Code R 408.22101 Scope {#sec-r-408.22101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

MIOSHA ADMINISTRATIVE STANDARD

(By authority conferred on the department of labor and economic opportunity by section 69 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1069, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 11. RECORDING AND REPORTING OF OCCUPATIONAL INJURIES

AND ILLNESSES

Rule 1101. These rules provide for recordkeeping and reporting by public and private employers covered under the act as necessary or appropriate for enforcement of the act, for developing information regarding the causes and prevention of occupational injuries and illnesses, and for maintaining a program of collection, compilation, and analysis of occupational safety and health statistics. R 408.22103 lists employers who are partially exempted from keeping work-related injury and illness records.

History

• History: 1979 AC; 2001 AACS; 2015 AACS.

Mich. Admin. Code R 408.22102 Intent {#sec-r-408.22102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22102}

Rule 1102. (1) These rules are substantially identical to the federal occupational safety and health act (OSHA) recordkeeping and reporting requirements, as contained in 29 C.F.R., §1904 “Recording and Reporting of Occupational Injuries and Illnesses” amended 2016, as adopted in R 408.22102a, to assure that employers maintaining records pursuant to these rules are in compliance with the federal requirements and need not maintain additional records or submit additional reports pursuant to the federal regulations.

R 408.21119 of this standard pertains to the use of OSHA forms.

(2) This standard does not supersede the recordkeeping and reporting requirements prescribed by sections 18 and 24 of Public Law 91-596, 29 U.S.C. §§667 and 673.

(3) If an employer creates records to comply with another government agency's injury and illness recordkeeping requirements, MIOSHA will consider the records as complying with these rules if OSHA or MIOSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as these rules requires an employer to record. For help in determining whether an employer's records meet MIOSHA's requirements, an employer may contact the MIOSHA Management Information Systems Section at www.michigan.gov/recordkeeping, or telephone 517-284-7788.

History

• History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22102a Adopted and referenced standards {#sec-r-408.22102a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22102a}

Rule 1102a. (1) The following federal standards are adopted by reference in these rules:

(a) 29 CFR 1903.2, “Posting of notice; availability of the Act, regulations and applicable standards,” amended July 1, 2016.

(b) 45 CFR 164.512, “Uses and disclosures for which an authorization or opportunity to agree or object is not required,” amended May 12, 2016.

(2) The standards adopted in these rules are available from the United States Government Printing Office website: www.ecfr.gov, at no charge as of the time of adoption of these rules.

(3) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained as shown in these rules or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

(5) The following MIOSHA standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 380. “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128.

(b) General Industry Safety and Health Standard Part 554. “Bloodborne Infectious Diseases,” R 325.70001 to R 325.70018.

History

• History: 2015 AACS; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.22103 Exceptions; applicability; petitions {#sec-r-408.22103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22103}

Rule 1103. (1) Both of the following provisions apply to exemptions based on employee numbers and industry classifications:

(a) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep MIOSHA injury and illness records unless MIOSHA, the United States Bureau of Labor Statistics (BLS), or the United States Department of Labor Occupational Safety and Health Administration (OSHA), informs you, in writing, that you must keep records according to R 408.22141, R 408.22141a, R 408.22141b, or R 408.22142. However, as required by R 408.22139, all employers covered by the act shall report to MIOSHA any workplace incident that results in a fatality, inpatient hospitalization, amputation, or loss of an eye.

(b) If your company had more than 10 employees at any time during the last calendar year, you must keep MIOSHA injury and illness records unless your establishment is classified as a partially exempt industry under this rule.

(2) Both of the following provisions apply to implementation of employee numberbased exemptions:

(a) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.

(b) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you must determine your company's peak employment during the last calendar year. If you did not have more than 10 employees at any time in the last calendar year, then your company qualifies for the partial exemption for size.

(3) Both of the following provisions apply to basic requirements for partial exemption for establishments in certain industries:

(a) If your business establishment is classified in a specific industry group listed in Appendix A of R 408.22160, you do not need to keep MIOSHA injury and illness records unless MIOSHA, BLS, or OSH, informs you, in writing, that you must keep the records according to R 408.22141, R 408.22141a, R 408.22141b, or R 408.22142. However, all employers must report to MIOSHA any workplace incident that results in an employee’s fatality, inpatient hospitalization, amputation, or loss of an eye as required by R 408.22139.

(b) If 1 or more of your company's establishments are classified in a nonexempt industry, then you must keep MIOSHA injury and illness records for all of the establishments unless your company is partially exempted because of size under these rules.

(4) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company’s establishments may be required to keep records, while others may be partially exempt.

(5) How do I determine the correct North American Industry Classification System (NAICS) code for my company or for individual establishments? You may determine your NAICS code by using 1 of the following methods, or you may contact your nearest OSHA office or state agency for help in determining your NAICS code:

(a) You may use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the 1 code that most closely corresponds to your primary business activity or refine your search to obtain other choices.

(b) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: https://www.census.gov/naics. Then click on the 2-digit sector code to see all the NAICS codes under that sector. Then choose the 6-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.

(c) If you know your old standard industrial classification (SIC) code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the ‘‘Concordances’’ link at the U.S. Census Bureau NAICS main Web page: https://www.census.gov/naics.

(6) The department of labor and economic opportunity shall supply copies of the forms provided for in these rules and compile, correct, and analyze data obtained pursuant to these rules. The department shall process petitions for exceptions to these rules from public employers. OSHA shall process petitions for exceptions from private employers to ensure uniformity between federal and state rules.

History

• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS; 2002 AACS; 2015 AACS; 2016 AACS; 2021 AACS; 2025 AACS.

Mich. Admin. Code R 408.22104 Definitions; A to D {#sec-r-408.22104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22104}

Rule 1104. (1) "Act" means the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(2) "Affected employee" means an employee who is affected by the granting or denial of an exception, or an authorized representative as defined by the act.

(3) “Amputation” means the traumatic loss of a limb or other external body part.

Amputation includes all of the following:

(a) A part, such as a limb or appendage, that has been severed, cut off, or amputated, either completely or partially.

(b) Fingertip amputations with or without bone loss.

(c) Medical amputations resulting from irreparable damage.

(d) Amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

(4) "Department" means the department of labor and economic opportunity.

(5) "Director" means the director of the department of labor and economic opportunity.

History

• History: 1979 AC; 1998-2000 AACS; 2015 AACS; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.22105 Definitions; E, F {#sec-r-408.22105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22105}

Rule 1105. (1) “Employer” means an individual or organization, including the state or a political subdivision, which employs 1 or more person.

(2) “Establishment” means a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications; electric, gas, and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, and the like that either supervise the activities or are the base from which personnel carry out the activities.

The following are examples of an establishment:

(a) Factory.

(b) Mill.

(c) Store.

(d) Hotel.

(e) Restaurant.

(f) Movie theater.

(g) Farm.

(h) Ranch.

(i) Bank.

(j) Sales office.

(k) Warehouse.

(l) Central administrative office.

(m) Single school within a school district.

(n) City garage within the department of public works.

(o) Branch office of the department of state.

(p) Police station within the police department of a city.

(3) “First-aid” means any of the following:

(a) Using a nonprescription medication at nonprescription strength. For medications available in both prescription and nonprescription form, a recommendation by a physician or other licensed health care professional to use a nonprescription medication at prescription strength is considered medical treatment for recordkeeping purposes.

(b) Administering tetanus immunizations. Other immunizations, such as hepatitis B vaccine or rabies vaccine, are considered medical treatment.

(c) Cleaning, flushing, or soaking wounds on the surface of the skin.

(d) Using wound coverings such as bandages, Band-aids tm , gauze pads, or the like; or using butterfly bandages or Steri-strips tm . Other wound closing devices, such as sutures, staples, and the like, are considered medical treatment.

(e) Using hot or cold therapy.

(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid back belts, or the like. Devices that have rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes.

(g) Using temporary immobilization devices while transporting an accident victim, such as splints, slings, neck collars, backboards, and the like.

(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister.

(i) Using eye patches.

(j) Removing foreign bodies from the eye using only irrigation or a cotton swab.

(k) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means.

(l) Using finger guards.

(m) Using massages. Physical therapy or chiropractic treatment is considered medical treatment for recordkeeping purposes.

(n) Drinking fluids for relief of heat stress.

History

• History: 1979 AC; 1983 AACS; 1986 AACS; 2001 AACS; 2015 AACS.

Mich. Admin. Code R 408.22106 Definitions; H to M {#sec-r-408.22106 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22106}

Rule 1106. (1) “Hospitalization” means the inpatient admission to a hospital for treatment, observation, or any other reason.

(2) “Inpatient hospitalization” means the formal admission to the inpatient service of a hospital or clinic for care or treatment.

(3) "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of these rules, "medical treatment" does not include any of the following:

(a) Visits to a physician or other licensed health care professional solely for observation or counseling.

(b) The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes, for example, eye drops to dilate pupils.

(c) "First-aid" as defined in R 408.22105(3).

History

• History: 1979 AC; 1983 AACS; 2001 AACS; 2015 AACS.

Mich. Admin. Code R 408.22107 Definitions; O to Y {#sec-r-408.22107 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22107}

Rule 1107. (1) "Occupational injury or illness" means an abnormal condition or disorder. Occupational injury is a result of a work accident or from an exposure involving a single incident in the work environment and includes, but is not limited to, a cut, fracture, sprain, or amputation. Occupational illnesses include both acute and chronic illnesses, including, but not limited to, a skin disease, respiratory disorder, or poisoning.

Injuries and illnesses are recordable only if they are new, work-related cases that meet 1 or more of the recording criteria of these rules.

(2) "Other potentially infectious material" means other potentially infectious material as defined in General Industry Safety and Health Standard Part 554. “Bloodborne Infectious Diseases,” as referenced in R 408.22102a. These materials include the following:

(a) Human bodily fluids, tissues, and organs.

(b) Other materials infected with the HIV or hepatitis B (HBV) virus, such as laboratory cultures or tissues from experimental animals.

(3) "Physician or other licensed health care professional" means a physician or other licensed health care professional who is an individual and whose legally permitted scope of practice, that is, license, registration, or certification, allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by these rules.

(4) "Recordable injuries and illness" means an injury or illness that meets the general recording criteria, and therefore is recordable, if it results in any of the following:

(a) Death.

(b) Days away from work.

(c) Restricted work or transfer to another job.

(d) Medical treatment beyond first-aid.

(e) Loss of consciousness.

An employer must also consider a case as meeting the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first-aid, or loss of consciousness.

(5) "Standard threshold shift" means a change in the hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.

(6) "You" means an employer as defined in section 5 of the act, MCL 408.1005.

History

• History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS; 2021 AACS.

Mich. Admin. Code R 408.22108 Rescinded {#sec-r-408.22108 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22108}

History

• History: 1986 AACS; 2001 AACS.

Mich. Admin. Code R 408.22109 Recording criteria {#sec-r-408.22109 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22109}

Rule 1109. (1) Each employer required to keep records of fatalities, injuries, and illnesses must record each fatality, injury, and illness that involves all of the following:

(a) Is work-related.

(b) Is a new case.

(c) Meets 1 or more of the general recording criteria of R 408.22112 to R 408.22112f or the application to specific cases of R 408.22113 to R 408.22119.

(2) What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The following list indicates which rules address each topic:

(a) Determination of work-relatedness. See R 408.22110 to R 408.22110b.

(b) Determination of a new case. See R 408.22111.

(c) General recording criteria. See R 408.22112 to R 408.22112f.

(d) Additional criteria such as needlestick and sharps injury cases, tuberculosis cases, and medical removal cases. See R 408.22113 to R 408.22119.

(3) How do I decide whether a particular injury or illness is recordable? The following decision tree for recording work-related injuries and illnesses shows the steps involved in making this determination:

History

• History: 2001 AACS; 2015 AACS.

Mich. Admin. Code R 408.22110 Basic requirement {#sec-r-408.22110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22110}

Rule 1110. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a preexisting injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in R 408.22110a(5) specifically applies.

Editor's Note: An obvious error in R 408.22110 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2015. The memorandum requesting the correction was published in Michigan Register, 2017 MR 6.

History

• History: 2001 AACS; 2015 AACS.

Mich. Admin. Code R 408.22110a Implementation {#sec-r-408.22110a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22110a}

Rule 1110a. (1) What is the "work environment"? MIOSHA defines the work environment as “the establishment and other locations where 1 or more employees are working or are present as a condition of their employment. The work environment includes Did the employee experience an injury or illness?

Is the injury or illness workrelated?

Is the injury or illness a new case?

Update the previously recorded injury or illness entry if necessary.

Does the injury or illness meet the general recording criteria or the application to specific cases?

Record the injury or illness.

Do not record the injury or illness.

NO YES

NO NO

NO YES

YES YES not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.”

(2) May 1 business location include 2 or more establishments? Normally, 1 business location has only 1 establishment. Under limited conditions, an employer may consider 2 or more separate businesses that share a single location to be separate establishments. An employer may divide 1 location into 2 or more establishments only when all of the following provisions apply:

(a) Each of the establishments represents a distinctly separate business.

(b) Each business is engaged in a different economic activity.

(c) A single industry description in the North American Industry Classification System Manual (NAICS) does not apply to the joint activities of the establishments (d) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.

(3) May an establishment include more than 1 physical location? Yes, but only under certain conditions. An employer may combine 2 or more physical locations into a single establishment only when all of the following provisions apply:

(a) The employer operates the locations as a single business operation under common management.

(b) The locations are all located in close proximity to each other.

(c) The employer keeps 1 set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, 1 manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

(4) If an employee telecommutes from home, is his or her home considered a separate establishment? No. For an employee who telecommutes from home, the employee's home is not a business establishment and a separate 300 Log is not required. An employee who telecommutes must be linked to 1 of your establishments under R 408.22130(4).

(5) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes. An injury or illness occurring in the work environment that falls under any of the following exceptions is not work-related, and therefore is not recordable:

R 408.22110 a(5)

YOU ARE NOT REQUIRED TO RECORD

INJURIES AND ILLNESSES IF...

(a)

At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.

(b)

The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.

R 408.22110 a(5)

YOU ARE NOT REQUIRED TO RECORD

INJURIES AND ILLNESSES IF...

(c)

The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.

(d)

The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption whether bought on the employer's premises or brought in. For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related.

Note: If the employee is made ill by ingesting food contaminated by workplace contaminants, such as lead, or gets food poisoning from food supplied by the employer, then the case would be considered work-related.

(e)

The injury or illness is solely the result of an employee doing personal tasks, unrelated to his or her employment, at the establishment outside of the employee's assigned working hours.

(f)

The injury or illness is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted.

(g)

The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.

(h)

The illness is the common cold or flu. Note: Contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work.

(i)

The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional who has appropriate training and experience, such as a psychiatrist, psychologist, psychiatric nurse practitioner, or the like, stating that the employee has a mental illness that is work-related.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22110b How to handle unusual cases {#sec-r-408.22110b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22110b}

Rule 1110b. (1) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not 1 or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a preexisting condition.

(2) How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of MIOSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:

(a) Death, if the preexisting injury or illness would likely not have resulted in death but for the occupational event or exposure.

(b) Loss of consciousness, provided that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.

(c) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.

(d) Medical treatment in a case where medical treatment was not needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.

(3) Which injuries and illnesses are considered preexisting conditions? An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

(4) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business. Work-related entertainment includes only entertainment activities being engaged in at the direction of the employer.

(5) Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if the injuries or illnesses meet any of the following exceptions:

R 408.22110b(4)

If the employee has ...:

You may use the following to determine if an injury or illness is work-related.

(a) Checked into a hotel or motel for 1 or more days.

When a traveling employee checks into a hotel, motel, or other temporary residence, he or she establishes a "home away from home." You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for his or her work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she reenters the work environment. If the employee has established a "home away from home" and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location.

(b)

Taken a detour for personal reasons.

Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel, that is, has taken a side trip for personal reasons.

(6) How do I decide if a case is work-related when the employee is working at home?

Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered work-related. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.22111 Determination of new cases {#sec-r-408.22111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22111}

Rule 1111. (1) Basic requirement. You must consider an injury or illness to be a "new case" if either of the following applies:

(a) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body.

(b) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.

(2) Implementation. When an employee experiences the signs or symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case? No, for occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples include occupational cancer, asbestosis, byssinosis, and silicosis.

(3) When an employee experiences the signs or symptoms of an injury or illness as a result of an event or exposure in the workplace, such as an episode of occupational asthma, must I treat the episode as a new case? Yes, because the episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated as a new case.

(4) May I rely on a physician or other licensed health care professional to determine whether a case is a new case or a recurrence of an old case? You are not required to seek the advice of a physician or other licensed health care professional. However, if you do seek such advice, you must follow the physician or other licensed health care professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations from 2 or more physicians or other licensed health care professionals, you must make a decision as to which recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case based upon that recommendation.

GENERAL RECORDING CRITERIA

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.22112 Basic requirement {#sec-r-408.22112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112}

Rule 1112. (1) You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if the injury or illness results in any of the following:

(a) Death.

(b) Days away from work.

(c) Restricted work or transfer to another job.

(d) Medical treatment beyond first-aid.

(e) Loss of consciousness.

(2) You must consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first-aid, or loss of consciousness.

History

• History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.22112a Implementation {#sec-r-408.22112a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112a}

Rule 1112a. (1) How do I decide if a case meets 1 or more of the general recording criteria? A work-related injury or illness must be recorded if it results in 1 or more of the following:

(a) Death. See subrule (2) of this rule.

(b) Days away from work. See R 408.22112b.

(c) Restricted work or transfer to another job. See R 408.22112c.

(d) Medical treatment beyond first-aid. See R 408.22112d.

(e) Loss of consciousness. See R 408.22112e.

(f) A significant injury or illness diagnosed by a physician or other licensed health care professional. See R 408.22112f.

(2) How do I record a work-related injury or illness that results in the employee's death? You must record an injury or illness that results in death by entering a check mark on the MIOSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to MIOSHA within 8 hours, as required by R 408.22139.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22112b Record work-related injury or illness that results in days away from work {#sec-r-408.22112b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112b}

Rule 1112b. (1) How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves 1 or more days away from work, you must record the injury or illness on the MIOSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.

(2) Do I count the day on which the injury occurred or the illness began? No. You begin counting days away on the day after the injury occurred or the illness began.

(3) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway? You must record these injuries and illnesses on the MIOSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from 2 or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.

(4) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.

(5) How do I count weekends, holidays, or other days the employee would not have worked anyway? You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those days. Weekend days, holidays, vacation days, or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.

(6) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend? You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.

(7) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing? You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.

(8) Is there a limit to the number of days away from work I must count? Yes. You may "cap" the total days away at 180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than 180 calendar days away from work or days of job transfer or restriction, or both. In such a case, entering 180 in the total days away column will be considered adequate.

(9) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company? Yes. If the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction or job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction or job transfer and enter the day count on the MIOSHA 300 Log.

(10) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years? No. You only record the injury or illness once.

You must enter the number of calendar days away for the injury or illness on the MIOSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22112c Record work-related injury or illness that results in restricted work or job transfer {#sec-r-408.22112c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112c}

Rule 1112c. (1) How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the MIOSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.

(2) How do I decide if the injury or illness resulted in restricted work? Restricted work occurs when, as the result of a work-related injury or illness, either of the following occurs:

(a) You keep the employee from performing 1 or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work.

(b) A physician or other licensed health care professional recommends that the employee not perform 1 or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.

(3) What is meant by "routine functions"? For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.

(4) Am I required to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began? No. You are not required to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.

(5) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case? No.

A recommended work restriction is recordable only if it affects 1 or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing 1 or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.

(6) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness? A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.

(7) If the injured or ill worker produces fewer goods or services than he or she would have produced before the injury or illness, but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case? No. The case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked.

(8) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the employee engage only in "light duty" or "take it easy for a week"? If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is "yes," then the case does not involve a work restriction and does not have to be recorded as such. If the answer to 1 or both of these questions is "no," the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, then record the injury or illness as a case involving restricted work.

(9) What do I do if a physician or other licensed health care professional recommends a job restriction meeting MIOSHA's definition, but the employee does all of his or her routine job functions anyway? You must record the injury or illness on the MIOSHA 300 Log as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from 2 or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.

(10) How do I decide if an injury or illness involved a transfer to another job? If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job. Note: This does not include the day on which the injury or illness occurred.

(11) Are transfers to another job recorded in the same way as restricted work cases?

Yes. Both job transfer and restricted work cases are recorded in the same box on the MIOSHA 300 Log. For example, if you assign, or a physician or other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an injury or illness that involves a job transfer by placing a check in the box for job transfer.

(12) How do I count days of job transfer or restriction? You count days of job transfer or restriction in the same way you count days away from work, using R 408.22112b (2) to (9). The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least 1 day of restricted work or job transfer for such cases.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22112d Recording injury or illness that involves medical treatment beyond first-aid {#sec-r-408.22112d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112d}

Rule 1112d. (1) How do I record an injury or illness that involves medical treatment beyond first-aid? If a work-related injury or illness results in medical treatment beyond first-aid, you must record it on the MIOSHA 300 Log. If the injury or illness did not involve death, 1 or more days away from work, 1 or more days of restricted work, or 1 or more days of job transfer, you enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.

(2) What is the definition of medical treatment? "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of these rules, medical treatment does not include any of the following:

(a) Visits to a physician or other licensed health care professional solely for observation or counseling.

(b) The conduct of diagnostic procedures, such as X-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes, such as eye drops to dilate pupils.

(c) "First-aid" as defined in subrule (3) of this rule.

(3) What is "first-aid"? For the purposes of these rules, "first-aid" means any of the following:

(a) Using a nonprescription medication at nonprescription strength. For medications available in both prescription and nonprescription form, a recommendation by a physician or other licensed health care professional to use a nonprescription medication at prescription strength is considered medical treatment for recordkeeping purposes.

(b) Administering tetanus immunizations. Administering other immunizations, such as hepatitis B vaccine or rabies vaccine, is considered medical treatment.

(c) Cleaning, flushing, or soaking wounds on the surface of the skin.

(d) Using wound coverings such as bandages, Band-aids TM , gauze pads, or the like; or using butterfly bandages or Steri-strips TM . Using other wound closing devices, such as sutures, staples, or the like, is considered medical treatment.

(e) Using hot or cold therapy.

(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid back belts, or the like. Using devices that have rigid stays or other systems designed to immobilize parts of the body is considered medical treatment for recordkeeping purposes.

(g) Using temporary immobilization devices while transporting an accident victim, such as splints, slings, neck collars, back boards, and the like.

(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister.

(i) Using eye patches.

(j) Removing foreign bodies from the eye using only irrigation or a cotton swab.

(k) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means.

(l) Using finger guards.

(m) Using massages. Physical therapy or chiropractic treatment is considered medical treatment for recordkeeping purposes.

(n) Drinking fluids for relief of heat stress.

(4) Are any other procedures included in first-aid? No. This is a complete list of all treatments considered first-aid for the purposes of these rules.

(5) Does the professional status of the person providing the treatment have any effect on what is considered first-aid or medical treatment? No. MIOSHA considers the treatments listed in subrule (3) of this rule to be first-aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first-aid.

Similarly, MIOSHA considers treatment beyond first-aid to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional (6) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation? If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation.

History

• History: 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22112e Record of work-related injury or illness case involving loss of consciousness recordable {#sec-r-408.22112e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112e}

Rule 1112e. Is every work-related injury or illness case involving a loss of consciousness recordable? Yes. You must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.22112f "Significant" diagnosed injury or illness that is recordable, {#sec-r-408.22112f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22112f}

Rule 1112f. What is a "significant" diagnosed injury or illness that is recordable under the general criteria, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first-aid, or loss of consciousness? Work-related cases involving cancer, a chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional.

Note: Most significant injuries and illnesses will result in 1 of the criteria listed in R 408.22112, such as death, days away from work, restricted work or job transfer, medical treatment beyond first-aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are certain significant progressive diseases, such as byssinosis, silicosis, and certain types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.22113 Recording criteria for needlestick and sharps injuries {#sec-r-408.22113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22113}

Rule 1113. (1) You must record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material, as defined in Occupational Health Standard Part 554 “Bloodborne Infectious Diseases,” as referenced in R 408.22102a. You must enter the case on the MIOSHA 300 Log as an injury. To protect the employee’s privacy, you may not enter the employee’s name on the MIOSHA 300 Log (see the requirements for privacy cases in R 408.22129(7) to (10).

(2) What does "other potentially infectious material” mean? The term "other potentially infectious material” is defined in R 408.22107(2). These materials include the following:

(a) Human bodily fluids, tissues, and organs.

(b) Other materials infected with the HIV or hepatitis B (HBV) virus, such as laboratory cultures or tissues from experimental animals.

(3) Does this mean that I must record all cuts, lacerations, punctures, and scratches?

No, you need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person’s blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets 1 or more of the recording criteria in R 408.22112 to R 408.22112f.

(4) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the MIOSHA 300 Log? Yes, you must update the classification of the case on the MIOSHA 300 Log if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness.

(5) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident? You need to record such an incident on the MIOSHA 300 Log as an illness if any of the following provisions apply:

(a) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C.

(b) It meets 1 or more of the recording criteria in R 408.22112 to R 408.22112f.

History

• History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22114 Recording criteria for cases involving medical removal under MIOSHA standards {#sec-r-408.22114 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22114}

Rule 1114. (1) Basic requirement. If an employee is medically removed under the medical surveillance requirements of an MIOSHA standard, you must record the case on the MIOSHA 300 Log.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) How do I classify medical removal cases on the MIOSHA 300 Log? You must enter each medical removal case on the MIOSHA 300 Log as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the MIOSHA 300 Log by checking the "poisoning" column.

(b) Do all of MIOSHA's standards have medical removal provisions? No, some MIOSHA standards, such as the standards covering bloodborne pathogens and noise, do not have medical removal provisions. Many MIOSHA standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene.

(c) Am I required to record a case where I voluntarily removed the employee from exposure before the medical removal criteria in a MIOSHA standard are met? No, if the case involves voluntary medical removal before the medical removal levels required by a MIOSHA standard, you do not need to record the case on the MIOSHA 300 Log.

History

• History: 1979 AC; 1983 AACS; 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22115 Recording criteria for cases involving occupational hearing loss, after January 1, 2003 {#sec-r-408.22115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22115}

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.

(4) May I adjust the current audiogram to reflect the effects of aging on hearing? Yes.

When you are determining whether an STS has occurred, you may age adjust the employee's current audiogram results by using Table 4, as appropriate, from Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry” as referenced in R 408.22102a. You may not use an age adjustment when determining whether the employee's total hearing level is 25 dB or more above audiometric zero.

(5) Am I required to record the hearing loss if I am going to retest the employee's hearing? No. If you retest the employee's hearing within 30 days of the first test, and the retest does not confirm the recordable STS, you are not required to record the hearing loss case on the MIOSHA 300 Log. If the retest confirms the recordable STS, you must record the hearing loss illness within 7 calendar days of the retest. If subsequent audiometric testing performed under the testing requirements of Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry” as referenced in R 408.22102a, indicates that an STS is not persistent, then you may erase or line-out the recorded entry.

(6) Are there any special rules for determining whether a hearing loss case is work-related? No. You must use the requirements in R 408.22110 to R 408.22110b to determine if the hearing loss is work-related. If an event or exposure in the work environment either caused or contributed to the hearing loss, or significantly aggravated a pre-existing hearing loss, you must consider the case to be work-related.

(7) If a physician or other licensed health care professional determines that the hearing loss is not work-related or has not been significantly aggravated by occupational noise exposure, you are not required to consider the case work-related or to record the case on the MIOSHA 300 Log.

(8) How do I complete the MIOSHA 300 Log for a hearing loss case? When you enter a recordable hearing loss case on the MIOSHA 300 Log, you must check the 300 Log column for hearing loss.

History

• History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22116 Rescinded {#sec-r-408.22116 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22116}

History

• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS.

Mich. Admin. Code R 408.22117 Recording criteria for work-related tuberculosis cases {#sec-r-408.22117 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22117}

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.

History

• History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22118 Falsification, or failure to keep records or reports {#sec-r-408.22118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22118}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22119 Record keeping on federal OSHA forms {#sec-r-408.22119 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22119}

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.”.

History

• History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22120 Rescinded {#sec-r-408.22120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22120}

History

• History: 1979 AC; 1998-2000 AACS; 2001 AACS.

Mich. Admin. Code R 408.22121 Rescinded {#sec-r-408.22121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22121}

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.22122 Rescinded {#sec-r-408.22122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22122}

History

• History: 1979 AC; 1983 AACS; 1986 AACS; 1998-2000 AACS; 2001 AACS.

Mich. Admin. Code R 408.22129 Forms {#sec-r-408.22129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22129}

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.”

(2) What do I need to do to complete the MIOSHA 300 Log? You must enter information about your business at the top of the MIOSHA 300 Log, enter a 1 or 2-line description for each recordable injury or illness, and summarize this information on the MIOSHA 300A at the end of the year.

(3) What do I need to do to complete the MIOSHA 301 Incident Report? You must complete a MIOSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the MIOSHA 300 Log.

(4) How quickly must each injury or illness be recorded? You must enter each recordable injury or illness on the MIOSHA 300 Log and 301 Incident Report within 7 calendar days of receiving information that a recordable injury or illness has occurred.

(5) What is an equivalent form? An equivalent form is a form that has the same information, is as readable and understandable, and is completed using the same instructions as the MIOSHA form it replaces. Many employers use an insurance form instead of the MIOSHA 301 Incident Report, or supplement an insurance form by adding any additional information required by MIOSHA.

(6) May I keep my records on a computer? Yes. If the computer can produce equivalent forms when they are needed as described under R 408.22135 and R 408.22140 you may keep your records using the computer system.

(7) Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes. If you have a "privacy concern case” you may not enter the employee's name on the MIOSHA 300 Log. Instead enter "privacy case" in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another employee a former employee or an authorized employee representative is provided access to the MIOSHA 300 Log under R 408.22135(3). You must keep a separate confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked to do so.

(8) How do I determine if an injury or illness is a privacy concern case? You must consider all of the following injuries or illnesses to be privacy concern cases:

(a) An injury or illness to an intimate body part or the reproductive system.

(b) An injury or illness resulting from a sexual assault.

(c) Mental illnesses.

(d) HIV infection, hepatitis, or tuberculosis.

(e) Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material. See R 408.22113(2) and R 408.22107(2) for definitions.

(f) Other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log. Musculoskeletal disorders (MSDs) are not considered privacy concern cases.

(9) May I classify any other types of injuries and illnesses as privacy concern cases?

No. The list in subrule(8) of this rule is a complete list of all injuries and illnesses considered privacy concern cases for the purposes of these rules.

(10) If I have removed the employee's name, but still believe that the employee may be identified from the information on the forms, is there anything else that I can do to further protect the employee's privacy? Yes. If you have a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, you may use discretion in describing the injury or illness on both the MIOSHA 300 and 301 forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. For example, a sexual assault case could be described as "injury from assault," or an injury to a reproductive organ could be described as "lower abdominal injury."

(11) What must I do to protect employee privacy if I wish to provide access to the MIOSHA forms 300 and 301 to persons other than government representatives, employees, former employees, or authorized representatives? If you decide to voluntarily disclose the forms to persons other than government representatives, employees, former employees, or authorized representatives, as required by R 408.22135 and R 408.22140, you must remove or hide the employees' names and other personally identifying information, except for the following cases. You may disclose the forms with personally identifying information only as follows:

(a) To an auditor or consultant hired by the employer to evaluate the safety and health program.

(b) To the extent necessary for processing a claim for workers' compensation or other insurance benefits.

(c) To a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under the United States Department of Health and Human Services Standards for privacy of individually identifiable health information, 45 C.F.R. §164.512 “Uses and disclosures for which an authorization or opportunity to agree or object is not required,” amended January 6, 2016, as adopted in R 408.22102a.

History

• History: 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22130 Multiple business establishments {#sec-r-408.22130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22130}

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.

(4) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees? You must link each of your employees with 1 of your establishments, for recordkeeping purposes. You must record the injury and illness on the MIOSHA 300 Log of the injured or ill employee's establishment, or on a MIOSHA 300 Log that covers that employee's short-term establishment.

(5) How do I record an injury or illness when an employee of 1 of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments? If the injury or illness occurs at 1 of your establishments, you must record the injury or illness on the MIOSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at 1 of your establishments, you must record the case on the MIOSHA 300 Log at the establishment at which the employee normally works.

History

• History: 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22131 Covered employees {#sec-r-408.22131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22131}

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.

History

• History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22132 Annual summary {#sec-r-408.22132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22132}

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.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) How extensively am I required to review the MIOSHA 300 Log entries at the end of the year? You must review the entries as extensively as necessary to make sure that they are complete and correct.

(b) How do I complete the annual summary? You must do all of the following:

(i) Total the columns on the MIOSHA 300 Log. If you had no recordable cases, enter zeros for each column total.

(ii) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the MIOSHA 300 Log, and the total hours worked by all employees covered by the MIOSHA 300 Log.

(iii) If you are using an equivalent form other than the MIOSHA 300A Summary form, as permitted under R 408.22129(5), the summary you use must also include the employee access and employer penalty statements found on the MIOSHA 300A form.

(c) How do I certify the annual summary? A company executive must certify that he or she has examined the MIOSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.

(d) Who is considered a company executive? The company executive who certifies the log must be any of the following persons:

(i) An owner of the company, only if the company is a sole proprietorship or partnership.

(ii) An officer of the corporation.

(iii) The highest ranking company official working at the establishment.

(iv) The immediate supervisor of the highest ranking company official working at the establishment.

(e) How do I post the annual summary? You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced, or covered by other material.

(f) When am I required to post the annual summary? You must post the summary not later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.

History

• History: 1979 AC; 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22133 Retention and updating {#sec-r-408.22133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22133}

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.

History

• History: 1979 AC; 2001 AACS; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.22134 Change in business ownership {#sec-r-408.22134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22134}

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.

History

• History: 1979 AC; 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22135 Employee involvement {#sec-r-408.22135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22135}

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.

(2) Implementation. What must I do to make sure that employees report work-related injuries and illnesses to me?

(a) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.

(b) You must inform each employee of your procedure for reporting work-related injuries and illnesses.

(c) You must inform each employee of both of the following:

(i) Employees have the right to report work-related injuries and illnesses.

(ii) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses.

(d) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.

(3) Am I required to give my employees and their representatives access to the MIOSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the MIOSHA injury and illness records, with some limitations, as follows:

(a) Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.

(b) Who is a "personal representative" of an employee or former employee? A personal representative is either of the following:

(i) Any person who the employee or former employee designates in writing.

(ii) The legal representative of a deceased or legally incapacitated employee or former employee.

(c) If an employee or representative asks for access to the MIOSHA 300 Log, when am I required to provide it? When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored MIOSHA 300 Log or Logs for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant MIOSHA 300 Log or Logs by the end of the next business day.

(d) May I remove the names of the employees or any other information from the MIOSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the MIOSHA 300 Log for certain "privacy concern cases," as specified in R 408.22129(7) to (10).

(e) If an employee or representative asks for access to the MIOSHA 301 Incident Report, when am I required to provide it?

(i) When an employee, former employee, or personal representative asks for a copy of the MIOSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the MIOSHA 301 Incident Report containing that information by the end of the next business day.

(ii) When an authorized employee representative asks for copies of the MIOSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days.

You are only required to give the authorized employee representative information from the MIOSHA 301 Incident Report section titled "tell us about the case." You must remove all other information from the copy of the MIOSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.

(f) May I charge for the copies? No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.

History

• History: 1979 AC; 2001 AACS; 2002 AACS; 2016 AACS.

Mich. Admin. Code R 408.22136 Prohibition against discrimination {#sec-r-408.22136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22136}

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.

History

• History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22137 Rescinded {#sec-r-408.22137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22137}

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.22138 Private sector variances from recordkeeping rule {#sec-r-408.22138 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22138}

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.

(2) What do I need to include in my variance petition? You must include all of the following items in your petition:

(a) Your name and address.

(b) A list of the state or states where the variance would be used.

(c) The address or addresses of the business establishment or establishments involved.

(d) A description of why you are seeking a variance.

(e) A description of the different recordkeeping procedures you propose to use.

(f) A description of how your proposed procedures will collect the same information as would be collected by these rules and achieve the purpose of the occupational safety and health act of 1970, 29 U.S.C. §651 et seq.

(g) A statement that you have informed your employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under 29 C.F.R. 1903.2 “Posting of notice; availability of the Act, regulations and applicable standards” rule (a), as adopted in R 408.22102a.

(3) How will the assistant secretary handle my variance petition? The assistant secretary will take the following steps to process your variance petition:

(a) The assistant secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition.

(b) The assistant secretary may allow the public to comment on your variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition.

(c) After reviewing your variance petition and any comments from your employees and the public, the assistant secretary will decide if your proposed recordkeeping procedures will meet the purposes of the occupational safety and health act of 1970, 29 U.S.C. §651 et seq., will not otherwise interfere with the act, and will provide the same information as the 29 C.F.R. §1904 “Recording and Reporting of Occupational Injuries and Illnesses” as amended 2016, as adopted in R 408.22102a, regulations provide. If your procedures meet these criteria, the assistant secretary may grant the variance subject to such conditions as he or she finds appropriate.

(d) If the assistant secretary grants your variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows you to use, any conditions that apply, and the reasons for allowing the variance.

(4) If I apply for a variance, may I use my proposed recordkeeping procedures while the assistant secretary is processing the variance petition? No. Alternative recordkeeping practices are only allowed after the variance is approved. You must comply with the 29 C.F.R §1904 “Recording and Reporting of Occupational Injuries and Illnesses,” as amended 2016, as adopted in R 408.22102a, regulations while the assistant secretary is reviewing your variance petition.

(5) If I have already been cited by MIOSHA for not following these rules, will my variance petition have any effect on the citation and penalty? No. In addition, the assistant secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an administrative law judge (ALJ), or the MIOSHA review commission.

(6) If I receive a variance, may the assistant secretary revoke the variance at a later date? Yes, the assistant secretary may revoke your variance if he or she has good cause.

The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as provided in subrule (3) of this rule. Except in cases of willfulness or where necessary for public safety, the assistant secretary will do both of the following:

(a) Notify you in writing of the facts or conduct that may warrant revocation of your variance.

(b) Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures.

History

• History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22139 Reporting fatalities, hospitalizations, amputations, and losses of eye as result of work-related incidents to MIOSHA {#sec-r-408.22139 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22139}

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 employee’s amputation or an employee’s 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 MIOSHA’s web site at www.michigan.gov/recordkeeping.

(4) If the MIOSHA office is closed, may I report the inpatient hospitalization, amputation, or loss of an eye by leaving a message on MIOSHA's answering machine, faxing the bureau office, or sending an e-mail? No. If the MIOSHA office is closed, you must report the inpatient hospitalization, amputation, or loss of an eye using either the toll-free central telephone number: 1-844-464-6742 or the reporting application located on MIOSHA’s web site at www.michigan.gov/recordkeeping.

(5) What information do I need to give to MIOSHA about the fatality, inpatient hospitalization, amputation, or loss of an eye? You must give MIOSHA all of the following information for each fatality, inpatient hospitalization, amputation, or loss of an eye:

(a) The establishment’s name.

(b) The location of the work-related incident.

(c) The time of the work-related incident.

(d) The type of reportable event, fatality, inpatient hospitalization, amputation, or loss of an eye.

(e) The number of employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye.

(f) The names of the employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye.

(g) Your contact person and his or her phone number.

(h) A brief description of the work-related incident.

(6) Am I required to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, inpatient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you are not required to report the fatality, inpatient hospitalization, amputation, or loss of an eye to MIOSHA. However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your MIOSHA injury and illness records, if you are required to keep such records.

(7) Am I required to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No. You are not required to report the fatality, inpatient hospitalization, amputation, or loss of an eye to MIOSHA if it occurred on a commercial or public transportation system, such as an airplane, a train, subway, or bus. However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your MIOSHA injury and illness records, if you are required to keep these records.

(8) Am I required to report a work-related fatality or inpatient hospitalization caused by a heart attack? Yes. The MIOSHA director will decide whether to investigate the incident, depending on the circumstances of the heart attack.

(9) What if the fatality, inpatient hospitalization, amputation, or loss of an eye does not occur during or immediately following the work-related incident? You must report a fatality to MIOSHA only if the fatality occurs within 30 days of the work-related incident.

For an inpatient hospitalization, amputation, or loss of an eye, you must report the event to MIOSHA only if it occurs within 24 hours of the work-related incident. However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your MIOSHA injury and illness records, if you are required to keep these records.

(10) What if I don't learn about a reportable fatality, inpatient hospitalization, amputation, or loss of an eye immediately? If you do not learn about a reportable fatality, inpatient hospitalization, amputation, or loss of an eye at the time it occurred, you must make the report to MIOSHA within the following time period after the fatality, inpatient hospitalization, amputation, or loss of an eye is reported to you or to any of your agents: 8 hours for a fatality, and 24 hours for an inpatient hospitalization, an amputation, or a loss of an eye.

(11) What if I don’t immediately learn that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not immediately learn that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to MIOSHA within the following time period after you or any of your agents learn that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident: 8 hours for a fatality, and 24 hours for an inpatient hospitalization, an amputation, or a loss of an eye.

(12) What is the definition of ‘‘inpatient hospitalization’’? “Inpatient hospitalization” means a formal admission to the inpatient service of a hospital or clinic for care or treatment.

(13) Am I required to report an inpatient hospitalization that involves only observation or diagnostic testing? No. You are not required to report an inpatient hospitalization that involves only observation or diagnostic testing. You must report to MIOSHA each inpatient hospitalization that involves care or treatment.

(14) What is the definition of ‘‘amputation’’? “Amputation” means the traumatic loss of a limb or other external body part. Amputation includes all of the following:

(a) A part, such as a limb or appendage, that has been severed, cut off, amputated, either completely or partially.

(b) Fingertip amputations with or without bone loss.

(c) Medical amputations resulting from irreparable damage.

(d) Amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

History

• History: 2001 AACS; 2015 AACS; 2016 AACS.

Mich. Admin. Code R 408.22140 Providing records to government representatives {#sec-r-408.22140 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22140}

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.

(b) Am I required to produce the records within 4 hours if my records are kept at a location in a different time zone? MIOSHA will consider your response to be timely if you give the records to the government representative within 4 business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.

ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO

OSHA

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22141 Basic requirement {#sec-r-408.22141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22141}

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 R 408.22161, 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.

(2) Annual electronic submission of information from MIOSHA or OSHA Form 300 “Log of Work-Related Injuries and Illnesses” and from MIOSHA or OSHA Form 301 “Injury and Illness Incident Report” by establishments with 100 or more employees in designated industries requires all of the following:

(a) If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix C of R 408.22162, then you must electronically submit information from MIOSHA or OSHA Forms 300 and 301 to OSHA or OSHA’s designee.

(b) 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.

(3) Upon notification, you must electronically submit the requested information from your Part 11 records to OSHA or OSHA’s designee.

(4) For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.

History

• History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2002 AACS; 2016 AACS; 2019 AACS; 2024 AACS; 2025 AACS.

Mich. Admin. Code R 408.22141a Implementation {#sec-r-408.22141a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22141a}

Rule 1141a. (1) Does every employer have to routinely make an annual electronic submission of information from Part 11 injury and illness recordkeeping forms to OSHA?

No, only 3 categories of employers must routinely submit information from these forms.

The first category consists of establishments that had 20–249 employees at any time during the previous calendar year and are classified in an industry listed in Appendix B of R 408.22161. Establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category consists of establishments that had 250 or more employees at any time during the previous calendar year and are required by Part 11 to keep records. Establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category consists of establishments that had 100 or more employees at any time during the previous calendar year and are classified in an industry in Appendix C of R 408.22162. Establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these 3 categories must submit the required information by the date listed in R 408.22141b of the year after the calendar year covered by the form or forms, for example, 2024 for the 2023 forms. If your establishment is not in any of these 3 categories, then you must submit the information to OSHA only if MIOSHA or OSHA notifies you to do so for an individual data collection.

(2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in R 408.22141? Yes, each individual employed in the establishment at any time during the calendar year counts as 1 employee, including fulltime, part-time, seasonal, and temporary workers.

(3) How will MIOSHA or OSHA notify me that I must submit information as part of an individual data collection under R 408.22141(3)? MIOSHA or OSHA will notify you by mail if you have to submit information as part of an individual data collection under R 408.22141(3). MIOSHA or OSHA will also announce individual data collections through publication in the Federal Register, the OSHA newsletter, announcements on the OSHA website or other means. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.

(4) When do I have to submit the information? If you are required to submit information under R 408.22141(1) or (2), then you must submit the information once a year, by the date listed in R 408.22141b of the year after the calendar year covered by the form, for example, 2019 for the 2018 form. If you are submitting information because MIOSHA or OSHA notified you to submit information as part of an individual data collection under R 408.22141(3), then you must submit the information as specified in the notification.

(5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under R 408.22141(3), OSHA will include the website’s location in the notification for the data collection.

(6) Am I required to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under R 408.22103, then you are not required to routinely submit information under R 408.22141(1) or (2). You will have to submit information under R 408.22141(3) if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this standard and submit information as directed.

(7) Am I required to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.

(8) May an enterprise or corporate office electronically submit information for its establishment or establishments? Yes, if your enterprise or corporate office had ownership of or control over 1 or more establishments required to submit information under R 408.22141, then the enterprise or corporate office may collect and electronically submit the information for the establishment or establishments.

(9) If I have to submit information under R 408.22141, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:

(a) Log of Work-Related Injuries and Illnesses, OSHA Form 300: Employee name, column B.

(b) Injury and Illness Incident Report, OSHA Form 301: Employee name, field 1, employee address, field 2, name of physician or other healthcare professional, field 6, facility name and address if treatment was given away from the worksite, field 7.

(10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.

History

• History: 2016 AACS; 2019 AACS; 2024 AACS; 2025 AACS.

Mich. Admin. Code R 408.22141b Reporting dates {#sec-r-408.22141b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22141b}

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.

History

• History: 2016 AACS; 2024 AACS.

Mich. Admin. Code R 408.22142 Requests from the bureau of labor statistics for data {#sec-r-408.22142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22142}

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.

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.22143 Rescinded {#sec-r-408.22143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22143}

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22144 Rescinded {#sec-r-408.22144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22144}

History

• History: 2001 AACS; 2016 AACS.

Mich. Admin. Code R 408.22151 Public employer petition for alternate record maintenance {#sec-r-408.22151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22151}

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.

History

• History: 2001 AACS; 2015 AACS; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.22152 Opportunity for comment {#sec-r-408.22152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22152}

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).

History

• History: 2001 AACS.

Mich. Admin. Code R 408.22153 Contents of petitions {#sec-r-408.22153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22153}

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.

History

• History: 2001 AACS.

Mich. Admin. Code R 408.22154 Additional notices and conferences {#sec-r-408.22154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22154}

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.

History

• History: 2001 AACS.

Mich. Admin. Code R 408.22155 Action {#sec-r-408.22155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22155}

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.

History

• History: 2001 AACS.

Mich. Admin. Code R 408.22156 Notice of exception; publication {#sec-r-408.22156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22156}

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.

History

• History: 2001 AACS; 2015 AACS; 2021 AACS.

Mich. Admin. Code R 408.22157 Revocation {#sec-r-408.22157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22157}

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.

History

• History: 2001 AACS; 2016 AACS; 2025 AACS.

Mich. Admin. Code R 408.22158 Compliance after submission of petition {#sec-r-408.22158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22158}

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.

History

• History: 2001 AACS.

Mich. Admin. Code R 408.22160 Appendix A {#sec-r-408.22160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22160}

Rule 1160. Appendix A, Partially Exempt Industries, Non-mandatory, reads as follows:

APPENDIX A

PARTIALLY EXEMPT INDUSTRIES

NON-MANDATORY

Employers are not required to maintain MIOSHA injury and illness records for an establishment classified in the following NAICS codes, unless they are asked in writing to do so by OSHA, the BLS, or a state agency operating under the authority of OSHA or the BLS.

All employers, including those partially exempted by reason of company size or industry classification, shall report to MIOSHA an employee’s fatality, in-patient hospitalization, amputation, or loss of an eye.

NAICS

Code Industry 4412 Other Motor Vehicle Dealers 4431 Electronics and Appliance Stores 4461 Health and Personal Care Stores 4471 Gasoline Stations 4481 Clothing Stores 4482 Shoe Stores 4483 Jewelry, Luggage, and Leather Goods Stores 4511 Sporting Goods, Hobby, and Musical Instrument Stores 4512 Book, Periodical, and Music Stores 4531 Florists 4532 Office Supplies, Stationery, and Gift Stores 4812 Nonscheduled Air Transportation 4861 Pipeline Transportation of Crude Oil 4862 Pipeline Transportation of Natural Gas 4869 Other Pipeline Transportation 4879 Scenic and Sightseeing Transportation, Other 4885 Freight Transportation Arrangement 5111 Newspaper, Periodical, Book, and Directory Publishers 5112 Software Publishers 5121 Motion Picture and Video Industries 5122 Sound Recording Industries 5151 Radio and Television Broadcasting 5172 Wireless Telecommunications Carriers (except Satellite) 5173 Telecommunications Resellers 5179 Other Telecommunications 5181 Internet Service Providers and Web Search Portals 5182 Data Processing, Hosting, and Related Services NAICS Code Industry 5191 Other Information Services 5211 Monetary Authorities—Central Bank 5221 Depository Credit Intermediation 5222 Non-depository Credit Intermediation 5223 Activities Related to Credit Intermediation 5231 Securities and Commodity Contracts Intermediation and Brokerage 5232 Securities and Commodity Exchanges 5239 Other Financial Investment Activities 5241 Insurance Carriers 5242 Agencies, Brokerages, and Other Insurance Related Activities 5251 Insurance and Employee Benefit Funds 5259 Other Investment Pools and Funds 5312 Offices of Real Estate Agents and Brokers 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 5411 Legal Services 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services 5413 Architectural, Engineering, and Related Services 5414 Specialized Design Services 5415 Computer Systems Design and Related Services 5416 Management, Scientific, and Technical Consulting Services 5417 Scientific Research and Development Services 5418 Advertising and Related Services 5511 Management of Companies and Enterprises 5611 Office Administrative Services 5614 Business Support Services 5615 Travel Arrangement and Reservation Services 5616 Investigation and Security Services 6111 Elementary and Secondary Schools 6112 Junior Colleges 6113 Colleges, Universities, and Professional Schools 6114 Business Schools and Computer and Management Training 6115 Technical and Trade Schools 6116 Other Schools and Instruction NAICS Code Industry 6117 Educational Support Services 6211 Offices of Physicians 6212 Offices of Dentists 6213 Offices of Other Health Practitioners 6214 Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6244 Child Day Care Services Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures 7115 Independent Artists, Writers, and Performers 7213 Rooming and Boarding Houses 7221 Full-Service Restaurants 7222 Limited-Service Eating Places 7224 Drinking Places (Alcoholic Beverages) 8112 Electronic and Precision Equipment Repair and Maintenance 8114 Personal and Household Goods Repair and Maintenance 8121 Personal Care Services 8122 Death Care Services 8131 Religious Organizations 8132 Grantmaking and Giving Services 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 8139 Business, Professional, Labor, Political, and Similar Organizations

History

• History: 2025 AACS; 2026 MR 7, Eff. March 30, 2026.

Mich. Admin. Code R 408.22161 Appendix B {#sec-r-408.22161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22161}

Rule 1161. Appendix B, Designated Industries for R 408.22141 ‘Basic Requirement,’ Mandatory, reads as follows:

APPENDIX B

DESIGNATED INDUSTRIES FOR R 408.22141 ‘BASIC REQUIREMENT’

MANDATORY

Annual Electronic Submission of MIOSHA/OSHA Form 300A “Summary of Work-Related Injuries and Illnesses” by Establishments with 20 or More Employees but Fewer than 250 Employees in Designated Industries:

NAICS

Code Industry 11 Agriculture, Forestry, Fishing and Hunting 22 Utilities 23 Construction 31-33 Manufacturing 42 Wholesale Trade 4413 Automotive Parts, Accessories, and Tire Stores 4421 Furniture Stores 4422 Home Furnishings Stores 4441 Building Material and Supplies Dealers 4442 Lawn and Garden Equipment and Supplies Stores 4451 Grocery Stores 4452 Specialty Food Stores 4522 Department Stores 4523 General Merchandise Stores, including Warehouse Clubs and Supercenters 4533 Used Merchandise Stores 4542 Vending Machine Operators 4543 Direct Selling Establishments 4811 Scheduled Air Transportation 4841 General Freight Trucking 4842 Specialized Freight Trucking 4851 Urban Transit Systems 4852 Interurban and Rural Bus Transportation 4853 Taxi and Limousine Service 4854 School and Employee Bus Transportation 4855 Charter Bus Industry 4859 Other Transit and Ground Passenger Transportation 4871 Scenic and Sightseeing Transportation, Land 4881 Support Activities for Air Transportation 4882 Support Activities for Rail Transportation 4883 Support Activities for Water Transportation NAICS Code Industry 4884 Support Activities for Road Transportation 4889 Other Support Activities for Transportation 4911 Postal Service 4921 Couriers and Express Delivery Services 4922 Local Messengers and Local Delivery 4931 Warehousing and Storage 5152 Cable and Other Subscription Programming 5311 Lessors of Real Estate 5321 Automotive Equipment Rental and Leasing 5322 Consumer Goods Rental 5323 General Rental Centers 5617 Services to Buildings and Dwellings 5621 Waste Collection 5622 Waste Treatment and Disposal 5629 Remediation and other Waste Management Services 6219 Other Ambulatory Health Care Services 6221 General Medical and Surgical Hospitals 6222 Psychiatric and Substance Abuse Hospitals 6223 Specialty (except psychiatric and substance abuse) Hospitals 6231 Nursing Care Facilities (skilled nursing facilities)

Residential Intellectual and Developmental Disability, Mental Health, Substance Abuse Facilities Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly 6239 Other Residential Care Facilities 6242 Community Food and Housing, and Emergency and Other Relief Services 6243 Vocational Rehabilitation Services 7111 Performing Arts Companies 7112 Spectator Sports 7121 Museums, Historical Sites, and Similar Institutions 7131 Amusement Parks and Arcades 7132 Gambling Industries 7211 Traveler Accommodation 7212 RV (Recreational Vehicle) Parks and Recreational Camps NAICS Code Industry 7213 Rooming and Boarding Houses 7223 Special Food Services Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance 8123 Drycleaning and Laundry Services

History

• History: 2001 AACS; 2015 AACS; 2025 AACS; 2026 MR 7, Eff. March 30, 2026.

Mich. Admin. Code R 408.22162 Appendix C {#sec-r-408.22162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22162}

Rule 1162. Appendix C, Designated Industries for R 408.22141a “Implementation,”

Mandatory, reads as follows:

APPENDIX C

DESIGNATED INDUSTRIES FOR R 408.22141a “IMPLEMENTATION”

MANDATORY

Annual Electronic Submission of Information from MIOSHA Form 300 Log of Work- Related Injuries and Illnesses and MIOSHA Form 301 Injury and Illness Incident Report by Establishments with 100 or More Employees in Designated Industries.

NAICS Code Industry 1111 Oilseed and Grain Farming 1112 Vegetable and Melon Farming 1113 Fruit and Tree Nut Farming 1114 Greenhouse, Nursery, and Floriculture Production 1119 Other Crop Farming 1121 Cattle Ranching and Farming 1122 Hog and Pig Farming 1123 Poultry and Egg Production 1129 Other Animal Production 1133 Logging 1141 Fishing 1142 Hunting and Trapping 1151 Support Activities for Crop Production 1152 Support Activities for Animal Production 1153 Support Activities for Forestry 2213 Water, Sewage and Other Systems 2381 Foundation, Structure, and Building Exterior Contractors 3111 Animal Food Manufacturing 3113 Sugar and Confectionery Product Manufacturing 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing 3115 Dairy Product Manufacturing 3116 Animal Slaughtering and Processing 3117 Seafood Product Preparation and Packaging 3118 Bakeries and Tortilla Manufacturing 3119 Other Food Manufacturing 3121 Beverage Manufacturing 3161 Leather and Hide Tanning and Finishing 3162 Footwear Manufacturing 3211 Sawmills and Wood Preservation 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing 3219 Other Wood Product Manufacturing 3261 Plastics Product Manufacturing 3262 Rubber Product Manufacturing 3271 Clay Product and Refractory Manufacturing 3272 Glass and Glass Product Manufacturing 3273 Cement and Concrete Product Manufacturing 3279 Other Nonmetallic Mineral Product Manufacturing 3312 Steel Product Manufacturing from Purchased Steel 3314 Nonferrous Metal (except Aluminum) Production and Processing 3315 Foundries 3321 Forging and Stamping 3323 Architectural and Structural Metals Manufacturing 3324 Boiler, Tank, and Shipping Container Manufacturing 3325 Hardware Manufacturing 3326 Spring and Wire Product Manufacturing Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing 3328 Coating, Engraving, Heat Treating, and Allied Activities 3331 Agriculture, Construction, and Mining Machinery Manufacturing 3335 Metalworking Machinery Manufacturing 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer Manufacturing 3363 Motor Vehicle Parts Manufacturing 3366 Ship and Boat Building Household and Institutional Furniture and Kitchen Cabinet Manufacturing 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers 4233 Lumber and Other Construction Materials Merchant Wholesalers 4235 Metal and Mineral (except Petroleum) Merchant Wholesalers 4239 Miscellaneous Durable Goods Merchant Wholesalers 4244 Grocery and Related Product Merchant Wholesalers Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers 4413 Automotive Parts, Accessories, and Tire Stores 4422 Home Furnishings Stores 4441 Building Material and Supplies Dealers 4442 Lawn and Garden Equipment and Supplies Stores 4451 Grocery Stores 4522 Department Stores General Merchandise Stores, including Warehouse Clubs and Supercenters 4533 Used Merchandise Stores 4543 Direct Selling Establishments 4811 Scheduled Air Transportation 4841 General Freight Trucking 4842 Specialized Freight Trucking 4851 Urban Transit Systems 4852 Interurban and Rural Bus Transportation 4853 Taxi and Limousine Service 4854 School and Employee Bus Transportation 4859 Other Transit and Ground Passenger Transportation 4871 Scenic and Sightseeing Transportation, Land 4881 Support Activities for Air Transportation 4883 Support Activities for Water Transportation 4889 Other Support Activities for Transportation 4911 Postal Service 4921 Couriers and Express Delivery Services 4931 Warehousing and Storage 5322 Consumer Goods Rental 5621 Waste Collection 5622 Waste Treatment and Disposal 6219 Other Ambulatory Health Care Services 6221 General Medical and Surgical Hospitals 6222 Psychiatric and Substance Abuse Hospitals 6223 Specialty (except Psychiatric and Substance Abuse) Hospitals 6231 Nursing Care Facilities (Skilled Nursing Facilities)

Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly 6239 Other Residential Care Facilities 6243 Vocational Rehabilitation Services 7111 Performing Arts Companies 7112 Spectator Sports 7131 Amusement Parks and Arcades 7211 Traveler Accommodation 7212 RV (Recreational Vehicle) Parks and Recreational Camps 7223 Special Food Services

History

• History: 2001 AACS; 2015 AACS; 2025 AACS; 2026 MR 7, Eff. March 30, 2026.

R 408.22201 to R 408.22251 Part 12. Variances

Mich. Admin. Code R 408.22201 Purpose and scope {#sec-r-408.22201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22201}

DEPARTMENT OF CONSUMER & INDUSTRY SERVICES

DIRECTOR'S OFFICE

MIOSHA SAFETY AND HEALTH STANDARDS

(By authority conferred on the department of consumer and industry services by section 69 of Act No. 154 of the Public Acts of 1974, as amended, being §408.1069 of the Michigan Compiled Laws)

PART 12. VARIANCES

GENERAL PROVISIONS

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22203 Definitions; A to E {#sec-r-408.22203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22203}

Rule 1203. (1) "Act" means Act No. 154 of the Public Acts of 1974, as amended, being §408.1001 et seq. of the Michigan Compiled Laws.

(2) "Administrative procedures act" means Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et 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.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22204 Definitions; I to T {#sec-r-408.22204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22204}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22212 Effect of variance {#sec-r-408.22212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22212}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22213 Notice of granted variance; publication {#sec-r-408.22213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22213}

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.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22214 Notice to applicant and affected employees {#sec-r-408.22214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22214}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22215 Form of documents, subscriptions, copies {#sec-r-408.22215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22215}

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

History

• History: 1979 AC.

Mich. Admin. Code R 408.22221 General application requirements {#sec-r-408.22221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22221}

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.

(3) The department may issue an interim order subject to the following conditions.

(a) An application for an interim order may be made to be effective until a decision is rendered on the application for the variance. An application for an interim order shall include a statement of facts and reasons as to why the applicant believes that the requested order should be granted. The department may rule ex parte upon the application for an interim order.

(b) The department may grant an interim order on its own motion.

(c) If an application for an interim order filed pursuant to subdivision (a) of this subrule is denied, then the applicant shall be given prompt written notice of the denial.

This notice shall include a statement of the grounds for denial.

(d) If an interim order is granted, then the department shall serve a copy of the order upon the applicant and other parties. The terms of the interim order may specify necessary or appropriate conditions. The order shall provide that the applicant shall give notice of the granting of the order and its terms to affected employees by the same means used to inform them of an application for a variance.

(4) Where the application for a variance concerns a state standard or a portion of a state standard, identical in requirements and substance to a federal standard, the applicant shall do all of the following.

(a) Identify the identical federal standard.

(b) Certify whether the applicant has filed for a variance, on the same facts, with the assistant secretary for occupational safety and health, U.S. department of labor.

(c) Certify whether citations for violations of the identical federal standard, or portion of the federal standard, have been issued to the applicant by the federal government. If a citation has been issued, then identification shall be included.

(5) Variances granted by the U.S. department of labor to multistate employers pursuant to 29 CFR 1905.13(c) (1975) shall be deemed as an authoritative interpretation of the employers' compliance obligation with the state standard.

History

• History: 1979 AC; 2000 AACS.

Mich. Admin. Code R 408.22222 Application for temporary variance {#sec-r-408.22222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22222}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22223 Application for permanent variance {#sec-r-408.22223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22223}

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.

History

• History: 1979 AC.

Mich. Admin. Code 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 {#sec-r-408.22224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22224}

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.

(2) If the applicant is the employer, a certification shall be made that the applicant has informed his affected employees of the application by doing both of the following.

(a) Giving a copy of the application to the affected employees' authorized representative.

(b) Posting a copy of the application or a statement containing a summary of the application. If a summary of the application is posted, it shall specify where a copy of the full application may be examined. Posting shall be at the area in which the affected employees work.

(3) If the applicant is an affected employee, then the department shall make a certification that a copy of the application has been furnished to the employer.

(4) A department may, on its own motion, proceed to modify or revoke a variance.

In that event, the department shall give actual notice of its intention to revoke or modify to the employer and affected employees. The notice shall inform the employer and affected employees of their right to request a hearing. A request for a hearing shall include a short and plain statement of the following.

(a) How the proposed modification or revocation will affect the requesting party.

(b) What the requesting party seeks to show on the subjects or issues involved.

(5) A notice of the department's own intention to modify or revoke a variance shall be published in the MIOSHA News in the same manner as required by R 408.22227.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22225 Action on defective variance application {#sec-r-408.22225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22225}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22226 Requests for hearing on application {#sec-r-408.22226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22226}

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.

(3) The department, on its own motion or that of a party, may consolidate or contemporaneously consider 2 or more proceedings which involve the same or closely related issues.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22227 Application for variance; interim order; publication of summary; opportunity for public response; informal hearing; notice; issuance of denial or variance {#sec-r-408.22227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22227}

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.

(3) The department shall consider the views expressed by the participants at the informal hearing, if held, and shall issue a denial of the application or shall issue the variance.

HEARINGS

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22231 Notice of hearing; contents; referral to hearing officer {#sec-r-408.22231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22231}

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.

(3) The matter shall be referred to a hearing officer or another department official designated by the department who shall serve as the hearing officer at the hearing on a variance.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22232 Manner of service {#sec-r-408.22232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22232}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22233 Hearing officers or other officials; powers and duties {#sec-r-408.22233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22233}

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.

(2) Except to the extent required for the disposition of ex parte matters, a hearing officer shall not consult a person or a party on any fact at issue, unless upon notice and opportunity for all parties to participate.

(3) When a hearing officer deems himself disqualified to preside over a particular hearing, he shall withdraw therefrom by notice on the record directed to the director. A party who deems a hearing officer for any reason to be disqualified to preside, or to continue to preside, over a particular hearing, may file with the director, a motion to disqualify and remove the hearing officer. The motion shall be supported by affidavits setting forth the alleged grounds for disqualification. The director shall rule upon the motion.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22234 Pre-hearing conference {#sec-r-408.22234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22234}

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.

(2) The hearing officer shall state on the record the stipulations, agreements, and other matters agreed to by the parties at the conference.

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22235 Consent findings and orders {#sec-r-408.22235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22235}

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.

(3) On or before the expiration of the time granted for negotiations, the parties or their counsel may.

(a) Submit the proposed agreement to the hearing officer for his consideration.

(b) Inform the hearing officer that agreement cannot be reached.

(4) In the event an agreement containing consent findings and an order is submitted within the time allowed therefor, the hearing officer shall accept the agreement by issuing his decisions based upon the agreed findings.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22236 Depositions {#sec-r-408.22236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22236}

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.

(3) A notice, as the hearing officer may order, shall be given by the party taking the deposition to every other party.

(4) Taking and receiving in evidence shall be as follows.

(a) Each witness testifying upon deposition shall be sworn, and the parties not calling him shall have the right to cross-examine him.

(b) The questions propounded and the answers thereto, together with objections made, shall be reduced to writing, read by the witness, subscribed by the witness, and certified by the person before whom the deposition is taken.

(c) The person designated by the hearing officer, before whom the deposition is taken, shall mail 2 copies of the deposition by certified mail to the hearing officer.

(d) Subject to such objections to the questions and answers as were noted at the time of taking the deposition, and those objections would be valid were the witness personally present and testifying, the deposition may be read and offered in evidence by the party taking it as against a party who was present, represented at the taking of the deposition, or who had due notice thereof.

(e) Except for purposes of impeachment, a deposition shall not be admitted in evidence if the witness is available.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22237 Hearings {#sec-r-408.22237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22237}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22238 Proposed decision of the hearing officer; service; contents; exception; inoperative while on referral; filing proposed order {#sec-r-408.22238 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22238}

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.

(3) Unless a party, within 10 days of the receipt of the proposed decision, files exceptions thereto with supporting reasons, the proposed decision shall become a final decision of the director. Exceptions shall refer to the specific issues of fact and law, or terms of the proposed decision excepted to. If the testimony was transcribed, reference shall be made to specific pages of the transcript, and shall suggest modified issues of fact and law, and terms of the proposed decision.

(4) The decision of the hearing officer shall be based upon consideration of the whole record and shall be made on the basis of a preponderance of reliable and probative evidence.

(5) A hearing officer's proposed decision under this rule shall not be operative while that decision is being referred to the director.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22239 Transmission of record {#sec-r-408.22239 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22239}

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.

History

• History: 1979 AC.

Mich. Admin. Code R 408.22240 Decision of director {#sec-r-408.22240 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22240}

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.

JUDICIAL REVIEW

History

• History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 408.22251 Request for rehearing or reconsideration {#sec-r-408.22251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22251}

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.

History

• History: 1979 AC.

R 408.22301 to R 408.22361 Part 13. Inspections and Investigations, Citations, and Proposed Penalties

Mich. Admin. Code R 408.22301 Purpose {#sec-r-408.22301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22301}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

MIOSHA ADMINISTRATIVE STANDARD

(By authority conferred on the department of labor and economic opportunity by section 69 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1069, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998.

PART 13. INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND

PROPOSED PENALTIES

Rule 2301. 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, the policies may be modified in specific circumstances where the department director or the department director’s designee determines that an alternative course of action would better serve the objectives of the act.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22303 Scope {#sec-r-408.22303 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22303}

Rule 2303. (1) The act requires that every employer covered under the act furnish to each employee employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. 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 that are applicable to their own actions and conduct.

(2) The act authorizes the department of labor and economic opportunity to conduct inspections and investigations, conduct tests and gather samples of materials and substances as are necessary to aid in the evaluation of the place of employment, issue citations and proposed penalties for alleged violations, and 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.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22305 Definitions; A to C {#sec-r-408.22305 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22305}

Rule 2305. (1) "Act" means the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(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 created in section 3 of 1939 PA 176, MCL 423.3, 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 the act.

(3) "Board" means the board of health and safety compliance and appeals created in section 46 of the act, MCL 408.1046.

(4) "Citation" means a written communication issued by the department to an employer pursuant to section 33 of the act, MCL 408.1033.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22307 Definitions; D, E {#sec-r-408.22307 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22307}

Rule 2307. (1) "Department" means the department of labor and economic opportunity.

(2) "Director" means the director of the department.

(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 are each treated as separate establishments. 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 is treated as a separate establishment.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22309 Definitions; I to W {#sec-r-408.22309 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22309}

Rule 2309. (1) "Imminent danger" means a condition or practice in a place of employment such that a danger exists that 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, under 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 that is used in the employer's business and that 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 a notice must not be included, and the last day of the 15 working days must be included.)

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22311 Posting of notice; availability of the act, rules, and applicable standards {#sec-r-408.22311 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22311}

Rule 2311. (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 must 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 ensure that the notice is readable and is not altered or defaced.

(2) A separate notice must be posted in each establishment. Where employers are engaged in activities that are physically dispersed (such as agriculture, construction, transportation, communications, and electric, gas, and sanitary services, the notice required by this rule must be posted at the location where employees report each day.

Where employees do not usually work at, or report to, a single establishment, such as traveling salesmen, technicians, and engineer) the notice must be posted at the location where the employees operate to carry out their activities. In all cases, the notice must be posted pursuant to subrule (1) of this rule.

(3) Copies of the act, all procedural rules promulgated under the act, and all applicable standards must be available from the department. If an employer has obtained copies of these materials, the employer must make them available on request to an employee or the employer’s authorized representative for review in the establishment where the employee is employed at the earliest time mutually convenient to the employee or the employee’s authorized representative and the employer.

(4) An employer failing to comply with the provisions of this rule is subject to citation and penalty pursuant to section 35 of the act, MCL 408.1035.

(5) Reproductions or facsimiles of the state poster constitute compliance with the posting requirements of this rule where the reproductions or facsimiles are at least 8-1/2 by 14 inches and the printing size is at least 10-point. The caption or heading on the poster must be in large type, not less than 36-point.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22321 Authority for inspection or investigation {#sec-r-408.22321 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22321}

Rule 2321. (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, within reasonable limits, and in a reasonable manner, place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials; to question privately an employer, owner, operator, agent, or employee; and to review records required by the act and rules promulgated under the act, and other records that are directly related to the purpose of the inspection or investigation.

(2) Before inspecting areas containing information that is classified by an agency of the federal government in the interest of national security, departmental representatives shall obtain the appropriate security clearance.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22322 Objection to inspection or investigation {#sec-r-408.22322 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22322}

Rule 2322. (1) On a refusal to allow a department representative, in the exercise of the department representative’s official duties, to enter, without delay and at reasonable times, a place of employment or a place within a place of employment to inspect, investigate, review records, or question an employer, owner, operator, agent, or employee pursuant to R 408.22321, or to allow a representative of employees to accompany the department representative during the physical inspection or investigation of a 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 the refusal, and the department representative shall immediately report the refusal, and the reason for the refusal, 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, MCL 408.1029.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22323 Entry not a waiver {#sec-r-408.22323 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22323}

Rule 2323. Permission to enter, inspect, investigate, review records, or question a person shall not imply or be conditioned on a waiver of any cause of action, citation, or penalty under the act. Department representatives are not authorized to grant a waiver.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22324 Advance notice of inspection or investigation {#sec-r-408.22324 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22324}

Rule 2324. (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 the department director’s designee determines that the giving of advance notice would enhance the probability of an effective and thorough inspection or investigation.

(2) In the situations described in subrule (1) of this rule, advance notice of inspections or investigations may be given only if authorized by the department director or the department director’s designee.

(3) When advance notice is given, it is the employer's responsibility to promptly notify the authorized representative of employees of the inspection or investigation, if the identity of such representative is known to the employer. On the request of the employer, the department representative shall inform the authorized representative of employees of the inspection or investigation, provided that the employer furnishes the department representative with the identity of the representative and with other information as is necessary to enable the department representative to promptly inform the representative of the inspection or investigation. An employer that fails to comply with the employer’s obligation under this rule to promptly inform the authorized representative of employees of the inspection or investigation, or to furnish such information as is necessary to enable the department representative to promptly inform the representative of the inspection or investigation, is subject to citation and penalty under section 35(3) of the act, MCL 408.1035.

(4) Advance notice in any of the situations described in subrule (1) of this rule shall not be given more than 24 hours before the inspection or investigation is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.

(5) A person who gives advance notice of an inspection or investigation to be conducted under the act, without authority from the department director or the department director’s designees, shall, on conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 6 months, or by both, as provided in section 35(8) of the act, MCL 408.1035.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22325 Conduct of inspections or investigations {#sec-r-408.22325 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22325}

Rule 2325. (1) Subject to the provisions of R 408.22321, the department director or the department director’s designee may direct the times and places of employment where inspections and investigations take place. 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 that the department representatives wish to review. However, the designation of records must 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 subject to (R 408.22331 on trade secrets).

(3) In taking photographs and samples, the department representatives shall take reasonable precautions to ensure 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 the department representatives shall wear and use appropriate protective clothing and equipment.

(4) The conduct of inspections or investigations must 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 the employer’s 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 the conference, the employer or employee is afforded an opportunity to bring to the attention of the department representative information regarding conditions in the workplace pertinent to the apparent safety or health violations.

(6) Inspections or investigations must be conducted pursuant to the requirements of this part.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22326 Representatives of employers and employees {#sec-r-408.22326 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22326}

Rule 2326. (1) Department representatives are 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 allow additional employer representatives and additional representatives authorized by employees to accompany the department representative 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 the representative, the department representative shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

(3) The representative or representatives authorized by employees may be an employee of the employer or a third party. When the representative or representatives authorized by employees is not an employee of the employer, they may accompany the department representative during the inspection if, in the judgment of the department representative, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, including, but not limited to, because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces or language or communication skills.

(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 is 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.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22331 Trade secrets {#sec-r-408.22331 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22331}

Rule 2331. (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 a proceeding under the act, the department shall issue orders as may be appropriate to protect the confidentiality of trade secrets.

(2) Information that contains, or that 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 that contain, or that 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, must be labeled "confidential-trade secret" and must not be disclosed except in accordance with the provisions of section 63 of the act, MCL 408.1063.

(4) On the request of an employer, an authorized representative of employees accompanying the department representative in an area containing trade secrets must 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.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22333 Consultation with employees {#sec-r-408.22333 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22333}

Rule 2333. Department representatives may consult with employees concerning matters of occupational safety and health to the extent the representatives determine necessary for the conduct of an effective and thorough inspection or investigation. During the course of an inspection or investigation, an employee is afforded an opportunity to bring any violation of the act that the employee has reason to believe exists in the workplace to the attention of the department representative.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22338 Complaints by employees {#sec-r-408.22338 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22338}

Rule 2338. (1) An employee or representative of employees, who believes that a violation of the act that threatens physical harm exists in a workplace where the employee is employed, may request an inspection or investigation of the workplace by giving notice of the alleged violation to the department. The notice must be reduced to writing, set forth with reasonable particularity the grounds for the notice, and be signed by the employee or representative of employees. A copy must be provided to the employer or the employer’s agent by the department or department representative no later than at the time of inspection or investigation, except that, upon the request of the person giving the notice, the person’s name and the names of individual employees referred to in the notice shall not appear in the copy or on a record published, released, or made available by the department.

(2) If, on receipt of a notice described in subrule (1) of this rule, the department determines that the complaint meets the requirements set forth in subrule (1) of this rule, and that there are reasonable grounds to believe that the alleged violation exists, the department shall cause an inspection or investigation to be made as soon as practicable to determine if the alleged violation exists. Inspections or investigations under this rule need not be limited to matters referred to in the complaint.

(3) If the department determines that an inspection or investigation is not warranted because the written complaint does not meet the provisions of subrule (1) of this rule, the department shall notify the complaining party, in writing, of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of subrule (1) of this rule.

(4) Before or during an inspection or investigation of a workplace, an employee or representative of employees employed in the workplace may notify the department representative, in writing, of a violation of the act, or of a rule promulgated under the act, which the employee or representative of employees has reason to believe exists in the workplace. A notice shall comply with the requirements of subrule (1) of this rule.

(5) When an employee or a representative of employees believes that a condition exists which may present an imminent danger to an employee, the employee or representative of employees may notify the department in the most expedient manner without regard to a written notice. Upon notification of an alleged imminent danger, the department shall cause an immediate inspection to be made or take other action that it finds necessary to abate the danger as provided by R 408.22342.

(6) If a citation is issued for a violation alleged in a request for inspection under subrule (1) of this rule or a notification of violation under subrule (4) of this rule, a copy of the citation issued must be sent to the employee or representative of employees who made such request or notification.

(7) A person shall not discharge, or in any manner discriminate against, an employee because the employee filed a complaint or instituted, or caused to be instituted, a proceeding under, or regulated by, the act; or because the employee testified, or is about to testify, in any such proceeding; or because of the exercise by such employee, on behalf of himself or others, of any right afforded by the act.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22339 Informal review of complaints by employees {#sec-r-408.22339 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22339}

Rule 2339. (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.

(2) The department shall notify the employer, in writing, of a determination made pursuant to subrule (1)(b) of this rule.

(3) The complaining party may obtain informal review of a determination made pursuant to subrule (1) by submitting a written statement of position to the department.

The department may hold an informal conference in which the complaining party may orally present the complaining party’s views. The employer may attend the informal conference at the discretion of the department.

(4) After considering all written and oral views presented, the department shall do either of the following:

(a) Affirm, modify, or reverse the determination made in subrule (1)(a) of this rule.

(b) Order a reinspection or reinvestigation, issue a citation if it is believed that the inspection or investigation disclosed a violation, or affirm the determination made in subrule (1)(b) of this rule.

(5) The department shall furnish the complaining party with a written notification of the final disposition of the complaint and the reasoning for the final disposition. The final disposition of the complaint by the department is not subject to further departmental review.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22342 Imminent danger; cease operation order {#sec-r-408.22342 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22342}

Rule 2342. (1) When a department representative concludes, on the basis of an inspection or investigation, that conditions or practices exist in a place of employment that could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the 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, MCL 408.1031, 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 if, 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 a condition or practice in a place of employment that the department determines causes the imminent danger to exist.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22344 Citations {#sec-r-408.22344 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22344}

Rule 2344. (1) The inspection or investigation report of the department representative must 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, MCL 408.1011, a requirement of a standard or rule promulgated under the act, or a requirement of an order issued pursuant to the act, the department designee shall issue to the employer a citation by registered mail. An appropriate citation must be issued even if, 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 must be issued with reasonable promptness after termination of the inspection or investigation. A citation must not be issued under this rule after the expiration of 90 days after 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 state 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, or, if appealed to the board, unless the citation is affirmed by the board.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22346 Proposed penalties {#sec-r-408.22346 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22346}

Rule 2346. (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, MCL 408.1035, or that no penalty is being proposed. The notice of the proposed penalty must include statements informing the employer that the proposed penalty must become a final order of the board and is not subject to review by a court or agency unless, within 15 working days after the date of receipt of the notice, the employer notifies the department in writing that the employer intends to appeal the citation or the notification of proposed penalty as described in (R 408.22351). Payment of the penalty must be made to the department, payable to the "State of Michigan," within 15 working days after 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, MCL 408.1036.

(3) Appropriate penalties may be proposed with respect to an alleged violation, even if, after being informed of the alleged violation by the department representative, the employer immediately abates, or initiates steps to abate, the alleged violation. Penalties must not be proposed for violations that have no direct or immediate relationship to safety or health.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22348 Posting of citations {#sec-r-408.22348 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22348}

Rule 2348. (1) Upon receipt of a citation issued under the act, the employer shall immediately post the citation, or a copy of the citation, 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 must be posted, unedited, in a prominent place where it is readily observable by all affected employees.

For example, where employees are engaged in activities that 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.

(2) The employer shall take steps to ensure that the citation is readable and not altered or defaced. The citation may be reproduced for posting purposes if more than 1 location is cited on a single citation.

(3) A citation, or a copy of the citation, shall remain posted until the violation is abated, or for 3 working days, whichever is later. The filing by the employer of an appeal, either initially with the department or subsequently with the board as provided in R 408.22351 and R 408.22354, shall not affect the employer's posting responsibility under this rule, unless the citation is vacated.

(4) An employer failing to comply with subrules (1) and (2) of this rule is subject to citation and penalty pursuant to sections 33 and 35 of the act, MCL 408.1033 and 408.1035.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22349 Notification of compliance with citations {#sec-r-408.22349 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22349}

Rule 2349. (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 must not exceed 3 working days after the final abatement date on the citation of the 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 of the “notification of abatement” portion of the citation.

(b) Submitting a document, in writing, to the department certifying compliance.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22351 Employer appeal petitions of citations {#sec-r-408.22351 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22351}

Rule 2351. (1) An employer to whom a citation or notice of proposed penalty is issued may, under section 41 of the act, MCL 408.1041, 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.

(2) The petition must be postmarked within 15 working days after receipt by the employer of a citation or proposed penalty. The petition must specify which item on the citation is being petitioned, and whether it is directed to the violation, proposed penalty, or abatement date.

(3) 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.

(4) 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 must include the date and method of transmittal of the petition.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22352 Employee appeal petitions of citations {#sec-r-408.22352 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22352}

Rule 2352. 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 the item is unreasonable. The petition must 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.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22353 Department decision on an appeal petition {#sec-r-408.22353 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22353}

Rule 2353. (1) Upon receipt of a petition, the department may do any of the following:

(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.

(2) The department shall notify the employer by registered mail of the decision regarding a petition within 15 working days after receipt of the petition by the department. The employer shall promptly post the department's decision, together with the appropriate citation, at the location of the posting of the subject citation. The decision shall remain posted until the violation is abated or for 3 working days, whichever is later.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22354 Employer and employee notices of appeal to the board {#sec-r-408.22354 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22354}

Rule 2354. (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.

(2) The notice of appeal of the department's decision must be submitted to the department. The department shall immediately transmit the notice of appeal to the board in accordance with the procedure prescribed by the board.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22355 Petition for modification of abatement period {#sec-r-408.22355 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22355}

Rule 2355. (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 that 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 must be in writing and include the following information:

(a) Steps taken by the employer, and the dates of those steps, in an effort to comply during the prescribed abatement period.

(b) The specific additional abatement time needed in order to comply.

(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) of this rule.

(3) A petition for modification of an abatement date must be filed with the board no later than the close of the next working day following the date on which abatement was originally required. A petition filed later must be accompanied by the employer's statement of exceptional circumstances explaining the delay.

(4) On the same day that the petition is filed with the board, a copy of the petition must be filed with the department that issued the citation and a copy must be posted by the employer in a conspicuous place at or near the place where the citation was required to be posted and remain posted for a period of 10 working days.

(5) The department, affected employees, or their representatives may file a written objection to the petition with the board setting forth the reasons for opposing the petition.

An objecting party shall also file a copy of the written objection with the other parties.

Failure to file an objection within 10 working days after the date the petition was filed constitutes a waiver of any further right to object to the petition.

(6) The board may approve without a hearing a petition for modification of an abatement date to which an objection has not been filed.

(7) Where a petition is objected to by the department or affected employees, the petition must be processed as follows:

(a) The board shall process the petition in the same manner as any other contested case, except that a hearing on the petition must be handled in an expeditious fashion.

(b) An employer petitioning for a modification of an abatement date shall have the burden of proving by a preponderance of the evidence that the employer has made a good faith effort to comply with the abatement requirements of the citation and that abatement has not been completed because of factors beyond the employer’s control.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22356 Citation for failure to correct a previously cited violation {#sec-r-408.22356 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22356}

Rule 2356. (1) If an inspection or investigation discloses that an employer failed to correct an alleged violation, for which a citation was issued, within the period permitted for its correction, the department may notify the employer, by registered mail, of the failure and of any additional penalty proposed under section 35(2) of the act, MCL 408.1035, by reason of the failure.

(2) The period for the correction of a violation for which a citation was issued does not begin to run until the date of the final order of the board if a review proceeding before the board is initiated by the employer in good faith and not solely for delay or avoidance of a penalty. The period of correction must not be delayed by a review proceeding initiated by the employer only with respect to the proposed penalty.

(3) An employer receiving a citation for failure to correct a violation and a proposed additional penalty may notify the department, in writing, that the employer intends to petition for a dismissal of the citation or the proposed additional penalty, or both, pursuant to R 408.22351. An appeal petition regarding a citation for failure to correct a violation must be limited to the subject matter of the failure to correct citation.

(4) Within 15 working days after receipt of the department decision relative to an appeal petition of a citation for failure to correct a violation or a proposed additional penalty, or both, an employer may appeal the decision to the board pursuant to R 408.22354.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22358 Cease operation order for failure to correct a previously cited violation {#sec-r-408.22358 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22358}

Rule 2358. (1) If an inspection or investigation discloses that an employer failed to correct a violation within the period permitted for its correction by a citation that became a final order of the board, the department may issue a cease operation order directing the employer to cease operating or render inoperable, pursuant to the order, as much of the operation as is necessary to eliminate the hazard that is the subject of the cease operation order.

(2) If an employer fails to obey a cease operation order issued pursuant to subrule (1) of this rule, the department shall refer the matter to the prosecuting attorney of the county in which the violation exists, who shall promptly institute proceedings in the circuit court to enforce the department's order.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

Mich. Admin. Code R 408.22361 Informal conference {#sec-r-408.22361 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.22361}

Rule 2361. At the request of an affected employer, employee, or employee representative, the department may hold an informal conference for the purpose of discussing issues raised by an inspection or investigation, citation, notice of proposed penalty, or appeal petition. If the conference is requested by the employer, an affected employee or employee representative shall be afforded an opportunity to participate, at the discretion of the department. If the conference is requested by an employee or employee representative, the employer shall be afforded an opportunity to participate, at the discretion of the department. A party may be represented by counsel at the conference. No conference or request for conference operates as a stay of the 15 working day period for filing an appeal petition to the department or notice of appeal to the board as prescribed in R 408.22351, R 408.22352, and R 408.22354.

History

• History: 1979 AC; 2025 MR 5, Eff. Mar. 4, 2025.

R 408.40101 to R 408.40134 Part 1. General Rules

Mich. Admin. Code R 408.40101 Scope {#sec-r-408.40101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

CONSTRUCTION SAFETY AND HEALTH STANDARD

PART 1. GENERAL RULES

Rule 101. (1) This standard sets forth general rules for the safe use, operation, and maintenance of equipment, and for safe work practices pertaining to all employers and employees performing construction operations, except that where a specific rule is set forth in another part, the general rule is preempted.

(2) For confined space, see Construction Safety Standard Part 35 “Confined Space in Construction,” as referenced in R 408.40105.

R 408.40102. Definitions.

Rule 102. (1) “Accident prevention program” means the program by which an employer provides instruction and safety training to an employee in the recognition and avoidance of hazards.

(2) “Aisle” means a designated path of travel for equipment and employees.

(3) “Approved” means approval by the director of the department of licensing and regulatory affairs or by the director’s duly designated representative.

(4) “Equivalent” means an alternate design or feature that provides at least as effective degree of safety or a greater degree of safety.

(5) “Hazard” means a condition or procedure that is causing or is likely to cause serious physical harm or death to an employee.

(6) “Potable water” means water that is in compliance with the provisions of 1976 PA 399, MCL 325.1001 to 325.1023.

(7) “Qualified employee” means an employee who, by knowledge, training, and experience, has successfully demonstrated to the employer his or her ability to solve or resolve problems relating to the subject matter, the work, or the project.

R 408.40105. Adopted and referenced standards.

Rule 105. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: www.global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American National Standards Institute Standard ANSI A11.1 “Industrial lighting,” 1965 edition. Cost: $156.00.

(b) American Society of Mechanical Engineers Standard ASME “Boiler and pressure vessel code,” Section viii on “Unfired pressure vessels,” 1989 edition. Cost: $514.00.

(2) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(b) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(c) Construction Safety Standard Part 22. “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243.

(d) Construction Safety and Health Standard Part 30. “Telecommunications for Construction,” R 408.43001 to R 408.43006.

(e) Construction Safety and Health Standard Part 35. “Confined Space in Construction,” R 408.43501 to R 408.43510.

(f) Construction Safety Standards Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(g) General Industry Safety and Health Standard Part 7. “Guards for Power Transmission,” R 408.10701 to R 408.10765.

History 2015 MR 4, Eff. March 3, 2015; 2015 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

R 408.40114. Employer responsibilities; accident prevention program.

Rule 114. (1) An employer shall develop, maintain, and coordinate with employees an accident prevention program, a copy of which shall be available at the worksite.

(2) An accident prevention program shall, at a minimum, provide for all of the following:

(a) Instruction to each employee regarding the operating procedures, hazards, and safeguards of tools and equipment when necessary to perform the job.

(b) Inspections of the construction site, tools, materials, and equipment to assure that unsafe conditions which could create a hazard are eliminated.

(c) Instruction to each employee in the recognition and avoidance of hazards and the regulations applicable to his or her work environment to control or eliminate any hazards or other exposure to illness or injury.

(d) Instruction to each employee who is required to handle or use known poisons, toxic materials, caustics, and other harmful substances regarding all of the following:

(i) The potential hazards.

(ii) Safe handling.

(iii) Use.

(iv) Personal hygiene.

(v) Protective measures.

(vi) Applicable first aid procedures to be used in the event of injury.

(e) Instruction to each employee if known harmful plants, reptiles, animals, or insects are present regarding all of the following:

(i) The potential hazards.

(ii) How to avoid injury.

(iii) Applicable first aid procedures to be used in the event of injury.

(3) An employee required to handle or use flammable liquids, gases, or toxic materials shall be instructed in the safe handling and use of these materials and made aware of the specific requirements contained in the applicable MIOSHA standards.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.
• History: 1979 AC; 1983 AACS; 1995 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS.
• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40115 Employer responsibilities generally {#sec-r-408.40115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40115}

Rule 115. (1) An employer shall identify as unsafe a machine, powered tool, or piece of equipment that is damaged or defective. The machine, tool, or equipment shall be locked out, made inoperable, or be physically removed from the jobsite.

(2) An employer shall not permit any of the following:

(a) The use of damaged or defective machinery, tools, materials, or equipment that could create a hazard.

(b) The operation of machinery, equipment, and special tools, except by a qualified employee.

(c) An employee other than the operator to ride any piece of moving equipment not covered by a specific standard, unless there is a seat or other safety feature provided for use by the employee. Acceptable safety features may include a guardrail, enclosure, or a seat belt.

(3) An employer shall not knowingly permit an employee to work while under the influence of intoxicating beverages or substances which could impair the employee's ability to perform a task in a safe manner.

(4) Employees not specifically covered by Construction Safety Standard Part 16 “Power Transmission and Distribution,” Construction Safety Standard Part 17 “Electrical Installations,” or Construction Safety Standard Part 30 “Telecommunications,” as referenced in R 408.40105, shall not be allowed by the employer to work or be closer to energized electrical line, gear, or equipment exposed to contact than the minimum clearance prescribed in table 1.

(5) Table 1 reads as follows:

TABLE 1

VOLTAGE

MINIMUM EMPLOYEE

CLEARANCE

To 50 kv 10 ft.

Over 50 10 ft. + .4 inch per kv (6) An employer shall comply with all the rules of this part.

R 408.40116. Employee responsibilities.

Rule 116. An employee shall immediately report hazardous conditions or equipment to the employer.

History

• History: 1983 AACs; 1995 AACS; 2015 AACS.
• History: 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.40118 Rescinded {#sec-r-408.40118 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40118}

R 408.40119. Housekeeping and disposal of waste materials.

Rule 119. (1) Materials, including scrap and debris, shall be piled, stacked, or placed in a container in a manner that does not create a hazard to an employee.

(2) Garbage capable of rotting or becoming putrid shall be placed in a covered container. Container contents shall be disposed of at frequent and regular intervals.

(3) Combustible scrap and debris shall be removed in a safe manner from the work area at reasonable intervals during the course of construction. A safe means shall be provided to facilitate this removal.

(4) Material which may be dislodged by wind and that could create a hazard when left in an open area shall be secured.

History

• History: 1983 AACS; 2013 AACS.
• History: 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.40120 Work in hazardous spaces {#sec-r-408.40120 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40120}

Rule 120. When an employee enters a hazardous space, such as a bin, silo, hopper, or tank, that contains bulk or loose material which could engulf the employee, the employee shall wear a safety belt or a safety harness and a lanyard affixed by a rope grab to a lifeline, all components of which shall be in compliance with Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.40105. The uppermost elevation of the stored material shall not be higher than the shoulder height of the employee.

History

• History: 1983 AACS; 1996 AACS; 2015 AACS.

Mich. Admin. Code R 408.40121 Rescinded {#sec-r-408.40121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40121}

R 408.40122. Boilers and pressure vessels.

Rule 122. (1) The installation, inspection, testing, marking, and certification of a pressure vessel shall be as prescribed in ASME “Boiler and pressure vessel code,”

Section viii on “Unfired pressure vessels,” 1989 edition, as adopted in R 408.40105.

(2) An employer shall not use a boiler to perform construction operations unless the employer has a valid certification issued by the boiler division of the Michigan department of licensing and regulatory affairs.

History

• History: 1983 AACS; 2013 AACS; 2015 MR 4, Eff. March 3, 2015; 2015 AACS.
• History: 1983 AACS; 1995 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40123 Guarding, belts, gears, pulleys, sprockets, and moving parts {#sec-r-408.40123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40123}

Rule 123. Means of power transmission, such as, but not limited to, belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, or other reciprocating, rotating, or moving parts of equipment, shall be guarded as prescribed in General Industry Safety Standard Part 7 “Guards for Power Transmission,” as referenced in R 408.40105, if the part is exposed to contact by an employee or otherwise constitutes a hazard.

History

• History: 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.40125 Rescinded {#sec-r-408.40125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40125}

History

• History: 1983 AACS; 2013 AACS.

Mich. Admin. Code R 408.40126 Rescinded {#sec-r-408.40126 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40126}

R 408.40127. Machine installations and guarding.

Rule 127. (1) The power source of any machine that is to be repaired, serviced, or set up, where unexpected motion or an electrical or other energy source would cause injury, shall be locked out by each employee doing the work, except when motion is necessary during setup, adjustment, or troubleshooting. Any residual pressure shall be relieved before and during the work. A machine connected by a cord and plug to an electric power source shall be considered in compliance if the plug is disconnected and tagged and the disconnection is within view of the operation.

(2) An employee shall not place his or her body beneath equipment such as a vehicle, a machine, or materials, that is supported only by a jack, overhead hoist, chain fall, or any other temporary single supporting means, unless safety stands, blocks, or another support system that is capable of supporting the total imposed weight is used to protect the employee if the temporary single supporting means fails.

R 408.40128. Sanitation.

Rule 128. (1) All of the following provisions apply to potable water:

(a) A supply of potable water shall be available to employees in all places of employment.

(b) A container used to distribute drinking water shall be constructed of impervious nontoxic materials, shall be clearly marked as to its contents, and shall not be used for any other purpose. Containers shall be serviced so that sanitary conditions are maintained.

(c) A portable container used to dispense drinking water shall be closed and equipped with a tap.

(d) Dipping water from a container or drinking from a common cup is prohibited.

(e) Where single-service cups, cups to be used once, are supplied, a sanitary container for the unused cups shall be provided. A receptacle for disposing of used cups shall be provided and emptied as often as is necessary.

(2) Both of the following provisions apply to nonpotable water:

(a) An outlet for nonpotable water, such as water for industrial or fire fighting purposes only, shall be identified by signs that are in compliance with the requirements of Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.40105, to indicate clearly that the water is not to be used for drinking, washing, or cooking purposes.

(b) There shall be no connection between a system furnishing potable water and a system furnishing nonpotable water.

History

• History: 1983 AACS; 2013 AACS.
• History: 1983 AACS; 1995 AACS; 2013 AACS.
• History: 1995 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40129 Toilets at construction sites {#sec-r-408.40129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40129}

Rule 129. (1) Toilets at construction sites shall be provided for employees as follows:

(a) 1 to 20 employees - 1 toilet.

(b) 21 to 40 employees - 2 toilets.

(c) 41 or more employees - 1 additional toilet for each additional 40 or less employees.

(2) A jobsite that is not provided with a sanitary sewer shall be provided with 1 of the following toilet facilities, unless prohibited by local codes:

(a) A privy, if use of the privy will not contaminate groundwater or surface water.

(b) A chemical toilet.

(c) A recirculating toilet.

(d) A combustion toilet.

(3) The requirements of this rule for sanitation facilities shall not apply to a mobile crew that has transportation readily available to nearby toilet facilities.

(4) To assure sanitation, a toilet shall be serviced and maintained on a regular basis.

(5) A toilet shall be supplied with toilet paper.

R 408.40130. General sanitation.

Rule 130. (1) The employer shall provide adequate washing facilities for employees engaged in the application of paints, coating, herbicides, or insecticides, or in other operations where contaminants may be harmful to the employees. Such facilities shall be in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances.

(2) Washing facilities shall be maintained in a sanitary condition.

(3) All of the following apply to lavatories.

(a) Lavatories shall be made available in all places of employment. The requirements of this subdivision do not apply to mobile crews or to normally unattended work locations if employees working at these locations have transportation readily available to nearby washing facilities that meet the other requirements of this paragraph.

(b) Each lavatory shall be provided with hot and cold running water, or tepid running water.

(c) Hand soap or similar cleansing agents shall be provided.

(d) Individual hand towels or sections thereof, of cloth or paper, air blowers or clean individual sections of continuous cloth toweling, convenient to the lavatories, shall be provided.

(4) All of the following apply to showers.

(a) Whenever showers are required by a particular standard, the showers shall be provided in accordance with subdivisions (b) to (d) of this subrule.

(b) One shower shall be provided for each 10 employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.

(c) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in subrule (3)(c) of this rule.

(d) Showers shall be provided with hot and cold water feeding a common discharge line.

(e) Employees who use showers shall be provided with individual clean towels.

(5) Eating and drinking areas. An employee shall not be allowed to consume food or beverages in a toilet room nor in any area exposed to a toxic material.

(6) Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. An employer shall institute a continuing and effective extermination program where their presence is detected.

(7) Whenever employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials, the employer shall provide change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing.

R 408.40131. Food handling.

Rule 131. All employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where the employer provides all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected against contamination.

R 408.40132. Medical services and first aid.

Rule 132. (1) An employer shall ensure the availability of medical personnel for advice and consultation on matters of occupational health.

(2) Before beginning a project, provision must be made for prompt medical attention in case of serious injury.

(3) A person who has a valid certificate in first aid training shall be present at the worksite to render first aid. A certificate is valid if the requirements necessary to obtain the certificate for first aid training meet or exceed the requirements of the United States Bureau of Mines, the American Red Cross, the guidelines for basic first aid training programs, or equivalent training.

(4) Where a remote location or a single employee worksite exists, an employer shall provide a written plan that includes alternate methods of assuring available treatment for employees at a remote location or single-employee worksite. The plan must be communicated to all affected employees.

(5) An employer must assure that there are first aid supplies at each jobsite and that the supplies are readily accessible.

(6) The contents of a first aid kit shall be sealed in individual packages, stored in a weatherproof container, and checked by an employer or designated person before being sent out on each job and at least weekly on each job to ensure that expended items are replaced.

(7) An employer shall provide proper equipment for the prompt transportation of an injured person to a physician or hospital and a communication system for contacting the necessary emergency service. In areas where 911 is not available, the telephone numbers of a physician, hospital, or emergency service shall be conspicuously posted at the jobsite. In areas where 911 emergency dispatch services are not available, the telephone numbers of the physicians, hospitals, or ambulances shall be conspicuously posted.

(8) In areas where 911 emergency dispatch services are available and an employer uses a communication system for contacting necessary emergency-medical service, the employer must do both of the following:

(a) Ensure that the communication system is effective in contacting the emergencymedical service.

(b) When using a communication system in an area that does not automatically supply the caller’s latitude and longitude information to the 911 emergency dispatcher, the employer must post in a conspicuous location at the worksite either of the following:

(i) The latitude and longitude of the worksite.

(ii) Other location-identification information that communicates effectively to employees the location of the worksite.

(c) The requirement specified in subdivision (b) of this subrule does not apply to worksites with a readily available telephone that has 911 emergency service that automatically identifies the location of the caller.

(9) Where the eyes or body of any person may be exposed to injurious corrosive materials, the employer shall provide suitable facilities for quick drenching or flushing of the eyes and body within the work area for immediate emergency use.

July 14, 2021 R 408.40133. Illumination.

Rule 133. (1) The employer shall provide a minimum illumination intensity of 10 footcandles on a jobsite where construction work is being performed.

(2) The employer shall provide a minimum illumination intensity of 5 footcandles to areas on a jobsite where work is not being immediately performed but where workers may pass through.

(3) The employer shall provide a minimum illumination intensity of 50 footcandles for first aid stations and infirmaries.

(4) For areas or operations not covered by subrules (1) to (3) of this rule, refer to ANSI A11.1 “Industrial lighting,” 1965 edition, as adopted in R 408.40105.

History

• History: 1995 AACS.
• History: 1995 AACS; 2013 AACS; 2015 AACS.
• History: 1995 AACS; 2013 AACS; 2015 AACS.
• History: 1995 AACS; 2013 AACS; 2015 AACS; 2021 MR 4, Eff. Mar. 2, 2021; 2021 MR 13, Eff.
• History: 1995 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40134 Temporary sleeping quarters {#sec-r-408.40134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40134}

Rule 134. When temporary sleeping quarters are provided, they shall be heated, ventilated, and lighted.

History

• History: 2002 AACS; 2012 AACS.

R 408.40201 to R 408.40213 Part 2. Masonry Wall Bracing

Mich. Admin. Code R 408.40201 Scope {#sec-r-408.40201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40201}

DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of energy, labor and economic growth by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-18, and 2008-4, MCL 408.1019, 408.1021, 445.2001, 445.2011, and 445.2025)

PART 2. MASONRY WALL BRACING

Rule 201. These rules pertain to the bracing of unsupported masonry walls exposed to wind during construction.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40202 Availability of referenced documents {#sec-r-408.40202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40202}

Rule 202. (1) The following Michigan occupational safety and health standards are referenced in these rules and shall be considered part of the requirements of these rules to the extent prescribed in each reference. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Energy, Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O.

Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction safety standard part 1 general rules, R 408.40101 to R 408.40134.

(b) Construction safety standard part 22 signals, signs, tags, and barricades, R 408.42201 to R 408.42243.

(2) The following standards are referenced in these rules and shall be considered part of the requirements of these rules to the extent prescribed in each such reference. They are available from Mason Contractors Association of America, 33 South Roselle Road, Schaumburg, Illinois 60193, telephone number: 1-800-536-2225 or via the internet at website: www.masoncontractors.org; at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) Standard practice for bracing masonry walls under construction, chapters 5 and 6 and their commentaries, July 2001 as referenced in R 408.40211 (2) (b) as it relates to wall bracing design. Cost: $50.00.

(b) Masonry wallbracing design handbook, March 2003. Cost: $65.00.

(c) The standards referenced in subrule 2 (a) and (b) of this rule are also available for inspection at the Department of Energy, Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(d) Copies of the standards referenced in subrule (2) (a) and (b) of this rule may be obtained from the publisher or may also be obtained from the Department of Energy, Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in subrule (2)

(a) and (b), of this rule, plus $20.00 for shipping and handling.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40203 Definitions {#sec-r-408.40203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40203}

Rule 203. (1) "Base" means the supporting surface that the masonry wall is laid upon.

(2) "Competent person" means a person who is trained, experienced, and capable of identifying existing or potential hazards in surroundings, or under working conditions, that are hazardous or dangerous to an employee and who has the authority and knowledge to take prompt corrective measures to eliminate the hazards.

(3) "Controlling contractor" means a prime contractor, general contractor, construction manager, or any other legal entity that has the overall responsibility for the construction of the project including its planning, quality, and completion.

(4) "Initial period" means the period of time, not to exceed 24 hours, during which the masonry wall is being laid above its base or the highest line of bracing and, at the end of which, required bracing is installed.

(5) "Intermediate period" means the period of time following the initial period until the masonry wall is connected to the structural elements that provide its final lateral support.

(6) "Qualified person" means a person who, by possession of a recognized degree, certificate, professional standing, or by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

(7) "Reinforced masonry" means a masonry wall made up of units laid in mortar with steel reinforcement embedded in grout.

(8) "Restricted zone" means the area on each side of a masonry wall measured by a horizontal distance equal to the height of the constructed wall plus a minimum of 4 feet, measured at right angles to the wall, and continuing for the length of the wall plus a minimum of 4 feet beyond the ends of the wall.

(9) "Structural designer of record" means a registered or licensed professional who is responsible for the structural design of the project.

(10) "Unreinforced masonry" means a masonry wall made up of units laid in mortar that may contain horizontal joint reinforcement.

(11) "Unsupported masonry wall" means a masonry wall that has not obtained its final lateral support from structural elements, such as, but not limited to, roofs, floors, buttresses, crosswalls, and piers.

(12) "Wall bracing system" means a brace consisting of vertical, diagonal, and/or horizontal structural elements which provide support to the unsupported masonry wall.

(13) "Wind-measuring device" means an instrument which accurately measures wind speed to + 2 miles per hour.

(14) "Wind speed" means the velocity of a 3-second gust.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40204 Responsibilities; restricted zone, wall bracing system, and signage {#sec-r-408.40204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40204}

Rule 204. (1) Prior to the start of masonry construction, the mason contractor shall notify in writing the controlling contractor where and when a restricted zone will exist. See figure 1 for a sample restricted zone plan.

(2) The mason contractor shall establish the restricted zone and the installation of the wall bracing system and danger signs. After the wall bracing system and danger signs have been installed in accordance with these rules, any person including, but not limited to, a construction manager, subcontractor, general contractor, or owner who alters or removes the wall bracing system or danger signs shall replace them in accordance with these rules.

(3) Each employer having workers in the restricted zone shall monitor the wind speed and evacuate employees when the limitations of these rules have been exceeded.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40205 Training requirements {#sec-r-408.40205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40205}

Rule 205. (1) This rule supplements and clarifies construction safety standard part 1 general rules, R 408.40114 (2), as it relates to the hazards of masonry walls under construction exposed to wind.

(2) An employer shall provide training by a qualified person to each competent person or employee who is involved in installing, altering, repairing, maintaining, or inspecting the wall bracing system and restricted zone. The training shall enable an employee to recognize hazards associated with the work and shall include all of the following topics, as applicable:

(a) The nature of hazards involving masonry walls under construction.

(b) Instruction in the general use and maintenance of wall bracing systems, signage, and restricted zone requirements as prescribed in these rules.

(c) Identifying unsupported masonry walls requiring bracing.

(d) The procedures for installing, altering, repairing, inspecting, and maintaining the wall bracing system being used.

(e) Proper installation and maintenance of a restricted zone and signage.

(f) Procedures for monitoring wind speeds.

(g) Procedures for vacating the restricted zone during windy conditions.

(h) Inspecting the worksite for overhead and underground utilities and other hazards.

(i) Inspecting the worksite for excavations in the restricted zones.

(j) Any other pertinent requirements.

(3) An employer shall provide training by a qualified person to any employee who enters a restricted zone of a masonry wall under construction. The training shall enable an employee to recognize and understand all of the following:

(a) The nature of hazards involving masonry walls under construction.

(b) Instruction in the general use and maintenance of wall bracing systems, signage, and restricted zone requirements as prescribed in these rules.

(c) Procedures for monitoring wind speeds.

(d) Procedures for vacating the restricted zone during windy conditions.

(e) The nature of hazards involving electrical lines within the restricted zone.

(f) The nature of hazards involving excavating within the restricted zone.

(g) Any other pertinent requirements.

(4) Additional training is required in each of the following situations:

(a) When changes at the worksite present a hazard about which an employee has not been previously trained.

(b) When changes in the types of wall bracing systems present a hazard for which an employee has not been previously trained.

(5) The employer shall verify compliance with this rule by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date or dates of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this rule, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training. The latest training certification shall be maintained and available during the workshift.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40206 Restricted zone requirements {#sec-r-408.40206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40206}

Rule 206. (1) For walls greater than 8 feet in height, a restricted zone shall be established prior to the start of the construction of the wall. The restricted zone shall meet all of the following requirements (see figure 1):

(a) Be equal to the height of the constructed wall plus a minimum of 4 feet and run the entire length of the wall plus a minimum of 4 feet beyond the ends of the wall.

(b) Be established on both sides and ends of the wall.

(c) Be limited to entry by employees trained in accordance with R 408.40205.

(d) Remain in place until the wall has obtained its final lateral support.

(e) Be delineated by signing in accordance with R 408.40207.

(2) When a restricted zone extends onto or across roadways or other adjacent areas, protection shall be provided as prescribed in construction safety standard part 22 signals, signs, tags, and barricades, R 408.42223 traffic control, or by other methods.

(3) If restricted zones cannot be installed or maintained as prescribed by these rules, alternative protective methods shall be provided.

Drawings/plans or calculations shall be prepared by a qualified person and available at the jobsite.

(4) For multi-story structures the restricted zone shall be determined by a qualified person.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40207 Signing requirements {#sec-r-408.40207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40207}

Rule 207. (1) Each unsupported masonry wall that is more than 8 feet in height shall be posted with a danger sign on each end and each side at intervals of not more than 50 feet as shown in figure 1.

(2) The restricted zone shall be delineated by signs at each corner and spaced at intervals of not more than 50 feet along the perimeter.

(3) The danger signs shall be maintained in readily visible, unobstructed locations and in a legible condition until the masonry wall has obtained its final lateral support.

(4) A danger sign shall comply with construction safety standard part 22 signals, signs, tags, and barricades, R 408.42201 to R 408.42243, and state:

RESTRICTED ZONE WALL UNSTABLE IN WIND TRAINED PERSONNEL

ONLY

(5) An illustration of a danger sign which complies with subrule (4) of this rule is shown in figure 2.

(6) All signs must be removed after the walls have obtained their final lateral support.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40208 Wind speed; determination by competent person {#sec-r-408.40208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40208}

Rule 208. Wind speeds shall be determined by a competent person in the vicinity of the masonry wall exposed to wind and shall be monitored during the initial and intermediate periods. A wind-measuring device shall be used to determine wind speeds.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40209 Initial period requirements {#sec-r-408.40209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40209}

Rule 209. (1) Unbraced masonry walls shall not exceed the maximum height as shown in table 1 during the initial period.

(2) No one shall be within the restricted zone of a masonry wall subjected to winds exceeding 20 miles per hour during the initial period.

(3) At the end of the initial period, the wall shall be braced on both sides if it exceeds the unbraced wall heights as shown in table 2.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40210 Intermediate period requirements {#sec-r-408.40210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40210}

Rule 210. (1) When the height of an unbraced masonry wall exceeds the maximum height as shown in table 2 during the intermediate period, the masonry wall shall be braced on both sides.

(2) No one shall be within the restricted zone of a masonry wall subjected to winds exceeding 35 miles per hour during the intermediate period.

(3) When bracing cannot be installed because of work operations, no one shall be permitted within the restricted zone when the wind is more than 20 miles per hour during the intermediate period as shown in table 3.

History

• History: 1989 AACS; 2010 AACS.

Mich. Admin. Code R 408.40211 Wall bracing design {#sec-r-408.40211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40211}

Rule 211. (1) A wall bracing system shall be designed by a qualified person and capable of providing stability to the wall for a wind speed of 40 miles per hour.

(2) A wall bracing system shall be installed in accordance with 1 of the following:

(a) A triangle wall bracing system as prescribed in R 408.40212.

(b) A bracing plan that is designed using acceptable engineering practices and the engineering content of the mason contractors association of America, standard practice for bracing masonry walls under construction, chapters 5 and 6 and their commentaries, July 2001 Edition, adopted by reference in R 408.40202. Wall bracing erection drawings/plans or calculations and specifications shall be available at the jobsite. Bracing schemes for walls matching examples specifically outlined in the mason contractors association of America, masonry wallbracing design handbook, March 2003 Edition, adopted by reference in R 408.40202, satisfy these requirements.

History

• History: 2010 AACS.

Mich. Admin. Code R 408.40212 Triangle wall bracing system {#sec-r-408.40212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40212}

Rule 212. (1) A triangle wall bracing system shall consist of all of the following elements assembled as shown in figure 3:

(a) Scaffold grade lumber that is suitable for planking.

(i) A 16-foot, 2-inch by 10-inch vertical brace.

(ii) A 16-foot, 2-inch by 10-inch diagonal brace.

(iii) A 16-foot, 2-inch by 10-inch horizontal brace.

(b) Two nominal 2 x 4 wood stiffeners.

(c) Top wall anchor.

(d) Base of wall or footing anchor.

(e) Bearing block.

(f) Cleats.

(2) The angle of intersection of the diagonal brace and the horizontal brace shall be between 35 and 45 degrees. The diagonal brace shall not intersect the vertical brace below the midpoint height of the masonry wall.

(3) The triangle wall bracing system shall be aligned on both sides of the wall when installed.

(4) The maximum horizontal spacing for a triangle wall bracing system shall not exceed the values as shown in table 4 for the corresponding maximum wall heights and as illustrated in figure 4.

History

• History: 2010 AACS.

Mich. Admin. Code R 408.40213 Inspections {#sec-r-408.40213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40213}

Rule 213. An unsupported masonry wall, including the wall bracing system, shall be inspected for visible defects by a competent person at the beginning of each shift and after any occurrence that could affect the structural integrity of the wall bracing system or the wall.

(a) Any bracing element that is damaged or weakened from any cause shall be immediately repaired or replaced. A competent person shall supervise the repairs.

(b) Any bracing element that is repaired shall have at least the original designed strength for the wall brace system.

(c) If any movement of the wall or physical damage to the wall occurs, the project structural designer of record shall be notified. Repairs to the wall shall be designed by a structural engineer and shall not be done without the approval of the project structural designer of record.

(d) Only those persons repairing the wall or wall bracing system may work within the restricted zone until repairs have been made.

History

• History: 2010 AACS.

R 408.40601 to R 408.40660 Part 6. Personal Protective Equipment

Mich. Admin. Code R 408.40601 Scope, adoption, and availability {#sec-r-408.40601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40601}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 6. PERSONAL PROTECTIVE EQUIPMENT

Rule 601. (1) This standard provides specifications for personal protective equipment and prescribes the use, selection, and maintenance of this equipment for the protection of the employee’s head, face, eyes, hands, feet, and body during construction operations.

(2) Hearing protection must be in compliance with Occupational Health Standard Part 680. “Occupational Noise Exposure.”

(3) Respiratory protection must be in compliance with General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

(4) Protective equipment, including personal protective equipment for eyes, face, head, hands, feet, and body, protective clothing, and protective shields and barriers, must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.

(5) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.28 “Personal protective equipment,” as in effect as of the effective date of these rules.

(b) 29 CFR 1926.100 “Head protection,” as amended July 23, 2012.

(c) 29 CFR 1926.102 “Eye and face protection,” as amended March 25, 2016.

(d) 29 CFR 1926.97 “Electrical protective equipment,” as amended July 10, 2014.

(e) 29 CFR 1926.105 “Safety nets,” as amended August 2, 1995.

(6) A reference to 29 CFR part 1926, subpart E “Personal Protective and Life Saving Equipment,” means the following standards:

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(b) Occupational Health Standard Part 680. “Occupational Noise Exposure.”

(c) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection.”

(7) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(8) The American National Standard Institute ANSI Standard Z-41 “Personal Protection - Protective Footwear,” 1991 edition, is adopted by reference in these rules.

This standard is available at the Document Center, Inc., Customer Service, 121 Industrial Road, Suite 8, Belmont, California 94002, USA, telephone: (650) 591-7600 or via the internet at the company's website, www.document-center.com, at a cost as of the time of adoption of these rules of $49.95.

(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(10) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145.

(11) The standards adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(b) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(c) Occupational Health Standard Part 680. “Occupational Noise Exposure,”

R 325.60131.

History

• History: 1979 AC; 1980 AACS; 2014 AACS; 2015 AACS; 2016 AACS; 2018 AACS; 2021 MR 5, Eff. Mar 16, 2021.

Mich. Admin. Code R 408.40603 Rescinded {#sec-r-408.40603 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40603}

History

• History: 2014 AACS; 2015 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.40614 Definitions, C to F {#sec-r-408.40614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40614}

Rule 614. (1) "Contaminant" means any material which by reason of its action upon, within, or to a person is likely to cause physical harm.

(2) “Footwear” means wearing apparel for the feet, such as shoes, boots, slippers, or overshoes, excluding hosiery.

History

• History: 2014 AACS.

Mich. Admin. Code R 408.40615 Definitions, H to R {#sec-r-408.40615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40615}

Rule 615. (1) “Helmet,” also called a hard hat or cap, means a device that is worn on the head and that is designed to provide limited protection against impact, flying particles, or electric shock.

(2) “Lanyard” means a rope, suitable for supporting 1 person. One end is fastened to a safety belt or harness and the other end is secured to a substantial object or a safety line.

(3) “Lifeline” means a rope, suitable for supporting 1 person, to which a lanyard or safety belt (or harness) is attached.

(4) “Manufacturer” means a business entity that marks or directs the permanent marking of the components or complete devices as compliant with this standard and sells them as compliant.

(5) “Metatarsal guards” mean guards that are designed to protect the top of the foot from the toes to the ankle over the instep of the foot. These guards may be attached to the outside of shoes.

(6) “O.D.” means optical density and refers to the light refractive characteristics of a lens.

(7) “Protective footwear” means footwear that is designed, constructed, and classified to protect the wearer from a potential hazard or hazards.

(8) "Radiant energy" means energy that travels outward in all directions from its sources.

Mar 16, 2021.

History

• History: 1980 AACS; 1982 AACS; 1996 AACS; 1998-2000 AACS; 2014 AACS; 2021 MR 5, Eff.

Mich. Admin. Code R 408.40616 Definitions, S, T {#sec-r-408.40616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40616}

Rule 616. (1) “Safety belt” means a device, usually worn around the waist which, by reason of its attachment to a lanyard and lifeline or a structure, will prevent a worker from falling.

(2) “Safety line” means a device used for emergency rescue work.

(3) “Sanitizing” means an act or process of destroying organisms that may cause disease.

(4) “Shell” means the portion of welding helmet or handshield that covers the wearer’s face and is the part of a helmet which includes the outermost surface.

(5) “Toe guards” means the guards that fit over the toes of regular shoes to protect the toes from impact and compression hazards. These guards may be attached to the outside of shoes.

History

• History: 1980 AACS; 1996 AACS; 1998-2000 AACS; 2014 AACS; 2021 MR 5, Eff. Mar 16, 2021.

Mich. Admin. Code R 408.40617 Employer’s and employee’s responsibilities {#sec-r-408.40617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40617}

Rule 617. (1) An employer shall not allow defective or damaged personal protective equipment to be used.

(2) An employer shall require each employee to wear personal protective equipment as prescribed by the manufacturer when required by any MIOSHA standard.

(3) If personal protective equipment is required and is worn in direct contact with the skin, the equipment must be sanitized before being reissued to another employee.

(4) An employer shall require the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.

(5) Employers shall ensure that all personal protective equipment complies with both of the following:

(a) Is of safe design and constructed for the work to be performed.

(b) Is selected to ensure that it properly fits each affected employee.

PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT.

History

• History: 1980 AACS; 1982 AACS; 1985 AACS; 2013 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.40617a Payment for personal protective equipment (PPE) {#sec-r-408.40617a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40617a}

Rule 617a. (1) An employer shall provide at no cost to employees the personal protective equipment necessary to protect against hazards that the employer is aware of as a result of any required assessments.

(2) An employer shall pay for replacement PPE, as necessary, under either of the following conditions:

(a) When the PPE no longer provides the protection it was designed to provide.

(b) When the previously provided PPE is no longer adequate or functional.

(3) When an employee has lost or intentionally damaged the PPE issued to him or her, an employer is not required to pay for its replacement and may require the employee to pay for its replacement.

(4) An employer is not required to pay for prescription safety eyewear with removable or permanent sideshields as long as the employer provides safety eyewear that fits over an employee’s prescription lenses.

(5) An employer is not required to pay for non-specialty prescription safety eyewear, provided that the employer permits these items to be worn off the job-site.

(6) An employer is not required to pay for non-specialty safety-toe protective footwear, including steel-toe shoes or steel-toe boots, provided that the employer permits these items to be worn off the job-site.

(7) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(8) An employer is not required to pay for either of the following:

(a) Everyday clothing, which includes any of the following:

(i) Long-sleeve shirts.

(ii) Long pants.

(iii) Street shoes.

(iv) Normal work boots.

(v) Ordinary clothing.

(vi) Skin creams.

(b) Other items used solely for protection from weather, which includes any of the following:

(i) Winter coats.

(ii) Jackets.

(iii) Gloves.

(iv) Parkas.

(v) Rubber boots.

(vi) Hats.

(vii) Raincoats.

(viii) Ordinary sunglasses.

(ix) Sunscreen.

(9) An employer shall pay for protection when ordinary weather gear is not sufficient to protect an employee and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions. Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, is not considered part of the weather gear exception.

(10) All of the following apply to upgraded and personalized PPE:

(a) An employer is not required to pay for PPE requested by an employee that exceeds the PPE requirements, provided that the employer provides PPE that meets the standards at no cost to the employee.

(b) If an employer allows an employee to acquire and use upgraded or personalized PPE, then the employer is not required to reimburse the employee for the equipment, provided that the employer has provided adequate PPE at no cost to the employee.

(c) An employer shall evaluate an employee’s upgraded or personalized PPE to ensure that it is in compliance with all of the following:

(i) Adequate to protect from hazards present in the workplace.

(ii) Properly maintained.

(iii) Kept in a sanitary condition.

(11) When the provisions of another MIOSHA standard specify whether the employer shall pay for specific equipment, the payment provisions of that standard prevails.

History

• History: 2014 AACS; 2015 AACS; 2021 MR 5, Eff. Mar 16, 2021.

Mich. Admin. Code R 408.40621 Rescinded {#sec-r-408.40621 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40621}

History

• History: 1980 AACS; 1998-2000 AACS; 2013 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.40622 Rescinded {#sec-r-408.40622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40622}

History

• History: 1980 AACS; 2013 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.40623 Rescinded {#sec-r-408.40623 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40623}

History

• History: 1980 AACS; 1998-2000 AACS; 2013 AACS; 2015 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.40624 Rescinded {#sec-r-408.40624 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40624}

WELDING PROTECTION

History

• History: 1980 AACS; 1988 AACS; 2013 AACS; 2014 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.40624a Rescinded {#sec-r-408.40624a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40624a}

History

• History: 2014 AACS; 2016 AACS; 2021 MR 5, Eff. Mar 16, 2021.

Mich. Admin. Code R 408.40624b Rescinded {#sec-r-408.40624b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40624b}

FOOT AND TOE PROTECTION

History

• History: 2014 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.40625 Foot and toe protection {#sec-r-408.40625 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40625}

Rule 625. (1) Safety toe footwear shall bear a permanent mark to show the manufacturer’s name or trademark and to show certification of compliance with ANSI standard Z-41 “Personal Protection – Protective Footwear,” 1991 edition, as adopted in R 408.40601(8).

(2) An employer shall ensure that each affected employee wears foot protection or toe protection, or both, if conditions of the job are likely to cause a foot injury.

(3) If a hazard is created from a process, chemical, or mechanical irritant which could cause an injury or impairment to the feet by absorption or physical contact, other than from impact, then the employer shall provide any of the following to the employee:

(a) Boots.

(b) Overshoes. € Rubbers.

(d) Wooden-soled shoes. € The equivalent to subdivisions (a) to (d) of this subrule.

HAND AND BODY PROTECTION

History

• History: 1980 AACS; 1982 AACS; 1998-2000 AACS; 2013 AACS; 2014 AACS; 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.40626 Hand and body protection {#sec-r-408.40626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40626}

Rule 626. (1) An employee who handles rough, sharp-edged, abrasive materials, or whose work subjects the hands to any of the following, shall wear hand protection of a type suitable for the work being performed:

(a) Lacerations.

(b) Punctures.

(c) Burns.

(d) Bruises.

(2) Cloth gloves shall not be worn when operating rotating equipment such as a drill or a powered threading machine.

(3) Precautions shall be taken with regard to synthetic clothing that is worn near a source of flame, spark, a hot surface, or material that could ignite the clothing.

(4) An employee shall not wear loose clothing, neckwear encircling the neck, or exposed jewelry, such as rings and necklaces, near a machine having reciprocating or rotating shafts or spindles or when handling material that could catch on clothing or jewelry and cause injury. A ring shall not be worn on the finger unless covered by a glove or tape.

(5) When an employee is exposed to hazards such as radiation, alkalies, acids, abrasives, and temperature extremes other than those caused by weather conditions, appropriate head, body, and hand protection shall be worn to protect the employee from that hazard. Such personal protective equipment shall be provided by the employer.

History

• History: 1980 AACS; 1982 AACS; AACS; 2014 AACS.

Mich. Admin. Code R 408.40627 Rescinded {#sec-r-408.40627 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40627}

FALL PROTECTION

History

• History: 1980 AACS; 2013 AACS.

Mich. Admin. Code R 408.40631 Fall protection {#sec-r-408.40631 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40631}

Rule 631. An employer shall ensure that each employee whose fall protection is not covered by another MIOSHA standard, and the employee’s work area is more than 6 feet above the ground, floor, water, or other surface, is protected as prescribed in Construction Safety Standard Part 45. “Fall Protection.” The following systems are included in Construction Safety Standard Part 45. “Fall Protection”:

(a) Guardrail systems.

(b) Safety net systems.

(c) Personal fall arrest systems.

Aug. 12, 2025.

History

• History: 1998-2000 AACS; 2013 AACS; 2014 AACS; 2015 AACS; 2018 AACS; 2025 MR 15, Eff.

Mich. Admin. Code R 408.40632 Rescinded {#sec-r-408.40632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40632}

History

• History: 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.40633 Rescinded {#sec-r-408.40633 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40633}

History

• History: 1980 AACS; 1996 AACS; 2014 AACS.

Mich. Admin. Code R 408.40634 Rescinded {#sec-r-408.40634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40634}

History

• History: 1980 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.40635 Rescinded {#sec-r-408.40635 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40635}

WORKING OVER OR NEAR WATER

History

• History: 1998-2000 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.40636 Working over or near water {#sec-r-408.40636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40636}

Rule 636. (1) Where a possibility of drowning exists, each employee working over or adjacent to water shall wear a life jacket or buoyant work vest. The life jacket or buoyant vest shall bear a label, “U.S. Coast Guard approved.”

(2) Before and after each use, a competent person shall inspect the life jacket or buoyant vest for defects which might alter its strength or buoyancy. Defective units shall not be used.

(3) A ring buoy with not less than 90 feet of safety line shall be provided and shall be readily available for rescue operations. The distance between the buoys shall not be more than 200 feet.

(4) Not less than 1 lifesaving boat equipped with a method of propulsion that is effective for the water conditions shall be available at the location where an employee works over or adjacent to water.

History

• History: 1980 AACS; 2014 AACS; 2021 MR 5, Eff. Mar 16, 2021.

Mich. Admin. Code R 408.40641 Rescinded {#sec-r-408.40641 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40641}

History

• History: 1980 AACS; 1983 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.40650 Rescinded {#sec-r-408.40650 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40650}

History

• History: 2015 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.40655 Rescinded {#sec-r-408.40655 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40655}

History

• History: 2015 AACS; 2018 AACS.

Mich. Admin. Code R 408.40660 Rescinded {#sec-r-408.40660 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40660}

History

• History: 2015 AACS; 2018 AACS.

R 408.40701 to R 408.40762 Part 7. Welding and Cutting

Mich. Admin. Code R 408.40701 Scope {#sec-r-408.40701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 7. WELDING AND CUTTING

GENERAL PROVISIONS

Rule 701. With respect to construction operations, the intent of this part is to provide reasonable safety to employees involved in welding operations and to persons exposed to welding operations, welding equipment, and the compressed gases used.

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 408.40705 Definitions; A to C {#sec-r-408.40705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40705}

Rule 705.(1) "AC" means alternating current.

(2) "Arc welding" means a process for joining metals by melting with an electric arc with or without the use of pressure and with or without a filler material.

(3) "Brazing" means a process of joining metals, without melting them, with a filler metal melting above 800 degrees Fahrenheit(427 degrees Celsius).

(4) "Cutting" means a process in which the severing or removing of metal is effected by the use of an arc or flame.

(5) "Cylinders" means containers for storing compressed gases.

History

• History: 1980 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.40706 Definitions; D to N {#sec-r-408.40706 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40706}

Rule 706. (1) "DC" means direct current.

(2) "Fire resistance" means the property of a material or assembly to withstand fire or give protection from it.

(3) "Fuel gas" means a gas, such as acetylene and propane that is used to generate heat to perform a welding operation.

(4) "Gas welding" means a process for joining metals by heating with a gas flame with or without the use of pressure and with or without the use of a filler material.

(5) "Inert gas" means argon, carbon dioxide, helium, or nitrogen gas.

(6) "Manifold" means an assembly of pipe and fittings to interconnect either single or multiple sources of fuel gas or oxygen to single or multiple outlets.

(7) "Noncombustible" means having properties that do not support combustion.

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40707 Definitions; P to W {#sec-r-408.40707 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40707}

Rule 707. (1) "Psig" means pounds per square inch as measured by a gauge.

(2) "Soldering" means a process of joining metals, without melting them, using a filler metal melting at 800 degrees Fahrenheit (427 degrees Celsius) or below.

(3) "Storage" means the storage of a filled or empty cylinder not in use.

(4) "Welding" means the process of joining metals by melting them.

(5) "Welding operations" means the cutting, welding, brazing, or soldering of materials.

(6) "Welder" means a person performing welding operations.

History

• History: 1980 AACS; 2005 AACS.

Mich. Admin. Code R 408.40709 Adopted and referenced standards {#sec-r-408.40709 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40709}

Rule 709.(1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) American National Standard Institute Standard ANSI/AWS Z49.1, “Safety in Welding and Cutting and Allied Processes,” 1973 edition. Cost: $96.00 (b) American National Standard Institute Standard ANSI/ASA B57.1, “Compressed Gas Cylinder Valve Outlet and Inlet Connections,” 1965 edition. Cost $29.00 (2) This standard is adopted by reference in these rules, National Fire Protection Association NFPA 50 “Standards for Bulk Oxygen Systems at Consumer Sites,” 1974 edition. This standard is available from National Fire Prevention Association, 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, telephone number: 1-617-770-3000 or via the internet at website: www.nfpa.org; at a cost as of the time of adoption of these rules of $27.00.

(3) The Code of Federal Regulations, Title 49 Transportation, Parts 186-199, “Subchapter D-Pipeline Safety” is available from the United States Government Printing Office website: www.ecfr.gov, at no charge as of the time of adoption of these rules.

(4) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(5) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost of the standard plus $20.00 for shipping and handling.

(6) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1 “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 6 “Personal Protective Equipment,”

R 408.40601 to R 408.40641.

(c) Construction Safety Standard Part 35 “Confined Space in Construction,”

R 408.43501 to R 408.43510.

(d) Construction Safety Standard Part 45 “Fall Protection,” R 408.44501 to R 408.44502.

History

• History: 2005 AACS; 2013 AACS; 2015 MR 4, Eff. March 3, 2015; 2015 AACS.

Mich. Admin. Code R 408.40711 Employer and employee responsibilities {#sec-r-408.40711 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40711}

Rule 711. (1) An employer shall do all of the following:

(a) Assure that each employee has received safety training in the use of equipment for welding operations and instruction in the rules of this part before allowing the employee to use the equipment.

(b) Assure that an employee in charge of the operation of oxygen or fuel gas supply equipment or of oxygen or fuel gas systems is instructed and judged competent for this work by the employer before being left in charge. Rules and instructions covering the operation and maintenance of oxygen or fuel gas distribution piping systems shall be readily available.

(2) Welding operations shall not be permitted in the following situations:

(a) In an area not authorized by the building or structure occupant.

(b) In a sprinklered building while the sprinkler system is impaired, unless a fire watch is provided.

(c) In the presence of a potentially explosive atmosphere, such as mixtures of flammable gases, vapors, liquids, or dusts with air.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40712 Requirements generally {#sec-r-408.40712 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40712}

Rule 712. (1) Only apparatus designed for use with fuel gas or oxygen, such as a torch, regulator, pressure-reducing valve, acetylene generator, and manifold, shall be used for welding or cutting.

(2) Fuel gas, oxygen, or compressed air shall not flow from a cylinder or manifold through a torch or other device equipped with a shutoff valve unless the pressure is reduced by a regulator attached to the cylinder or manifold.

(3) An oxygen cylinder, fuel gas cylinder, cylinder valve, coupling regulator, hose, and apparatus shall be kept in good operating condition and shall be kept free from defects.

(4) An oxygen cylinder, fuel gas cylinder, cylinder valve, coupling regulator, hose, and apparatus shall be kept free from oily or greasy substances and shall not be handled with oily hands or gloves. A jet of oxygen shall not be permitted to strike oily surfaces or greasy clothes and shall not be permitted to enter a fuel, oil, or other storage tank.

(5) Oxygen shall only be used for welding or cutting.

(6) Welders shall place welding cable, hose, and other equipment so that it is clear of passageways, ladders, and stairways, or shall assure that it is protected against damage and does not create a hazard to an employee.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40713 Working in confined spaces {#sec-r-408.40713 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40713}

Rule 713.(1) Before the start of a welding operation in a confined space, the employer shall ensure that the atmosphere is tested and recorded. Ventilation shall be provided and maintained in accordance with the requirements of the department of licensing and regulatory affairs.

(2) For specific confined space rules, see Construction Safety Standard Part 35 “Confined Space in Construction.” as referenced in R 408.40709.

(3) When working in a confined space, the torch valves, the gas supply valve, and oxygen valve outside the confined space shall be shut off during the lunch period, overnight, or during any other prolonged period and the torch and hose shall be removed from the confined space. Open-end fuel gas and oxygen hoses shall be immediately removed from enclosed spaces when they are disconnected from the torch or other gasconsuming device.

(4) When electrodes are used in a confined space and welding is suspended during the lunch period, overnight, or during any other prolonged period, the electrode shall be removed from the holder and the machine shall be shut off. The holders shall be placed or protected so that they cannot make electrical contact with employees or conducting objects.

(5) A gas cylinder or a welding machine used for welding operations in a confined space shall be placed on the outside of the space where work is being performed.

(6) If an employee must enter a confined space through a small opening to perform welding operations, another employee trained in rescue procedures and equipped with the means necessary to effect a rescue shall be stationed outside the confined space in position to watch the welder. When a safety harness and lifeline are used, they shall be provided for as prescribed in Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.40709, and shall be attached to the welder's body so that his or her body cannot be jammed in a small exit opening.

History

• History: 1980 AACS; 1982 AACS; 1996 AACS; 2005 AACS; 2015 MR 4, Eff. March 3, 2015; 2015 AACS.

Mich. Admin. Code R 408.40714 Rescinded {#sec-r-408.40714 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40714}

History

• History: 1980 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40715 Torches generally {#sec-r-408.40715 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40715}

Rule 715. (1) A torch shall be inspected before each shift for leaking shutoff valves, hose and tip connections, and clogged tips. A defective torch shall not be used.

(2) A clogged tip opening shall be cleaned with a device, such as a drill or cleaning wire, designed for this purpose.

(3) A torch shall be lighted by a friction lighter and not by a match or hot work.

CYLINDERS

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40721 Cylinders manufacturing, labeling, periodic testing, and marking {#sec-r-408.40721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40721}

Rule 721. (1) A cylinder shall be manufactured, labeled, and periodically tested in accordance with the specifications of the federal department of transportation requirements published in 49 C.F.R. Part 178, Subpart C, “Specification for Cylinders,” which are adopted by reference in R 408.40709.

(2) A cylinder shall be legibly marked with either the chemical or trade name.

Marking shall be by stenciling, stamping, or labeling and shall not be tampered with or be readily removable. Whenever practical, the marking shall be located on the shoulder of the cylinder.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40722 Storage {#sec-r-408.40722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40722}

Rule 722. (1) An oxygen cylinder shall be stored not less than 20 feet from fuel gas cylinders or any highly combustible material, such as, but not limited to, oil, grease, excelsior, flammable gas, or a source of ignition, or shall be separated from the material by a noncombustible wall not less than 5 feet (1.6 meters) high which has a fire resistance rating of 30 minutes.

(2) A cylinder shall be stored away from any source of heat more than 125 degrees Fahrenheit.

(3) A cylinder, whether full or empty, in storage or during shipment, or with the regulator removed, shall have the valve closed and the cap connected in place if a cap is provided in the design, or shall be otherwise protected.

(4) Where different gases are stored, they shall be grouped by types. Groupings shall separate the fuel gases from the oxidizing gases as specified in subrule (1) of this rule.

(5) A storage area for cylinders shall be well ventilated.

(6) A cylinder shall not be stored in basements or pits.

(7) Where a liquid or gaseous oxygen system is used to supply gaseous oxygen for welding and cutting and the system has a storage capacity of more than 20,000 cubic feet (560 cubic meters), measured at 14.7 psia and 70 degrees Fahrenheit, including unconnected reserves at the site, the system shall be as prescribed in National Fire Protection Association Standard NFPA 50, “Standards for Bulk Oxygen Systems at Consumer Sites,” 1974 edition, which is adopted by reference in R 408.40709.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40723 Cylinders generally {#sec-r-408.40723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40723}

Rule 723. (1) A chain, bracket, or other restraining device shall be used at all times to prevent cylinders from falling.

(2) A cylinder shall stand valve end up at all times.

(3) A cylinder shall not be dropped, dragged, rolled on its side, or struck violently.

(4) When using a crane or hoisting device, a cylinder shall be lifted only by cradles or enclosed platforms. An electromagnet, hook, rope, or sling shall not be used.

(5) A frozen or ice-clogged valve shall be thawed either by warm air or warm water and shall be dried before using. Boiling water or a flame shall not be used. Force shall not be applied to a valve or cap to loosen a cylinder frozen in place.

(6) Gases shall not be mixed within a cylinder except by the supplier. Only the owner of the cylinder, if the owner is qualified, or a person trained, qualified, and authorized by the owner, shall refill a cylinder. The contents of a cylinder shall be used only for those purposes intended by the supplier.

(7) A cylinder shall not be placed where it will become a part of the electrical circuit by accidental grounding or where it may be burned by an electric welding arc. A cylinder shall not be placed so that hot slag or flame can reach it unless the cylinder is protected by a fire-resistant shield. An electrode shall not be tapped against a cylinder to strike an arc.

(8) A regulator, gauge, or hose shall not be interchangeable between fuel gas, oxidizing gas, or inert gas. Connections for compressed gas cylinders shall be as prescribed in American National Standard Institute Standard ANSI/ASA B57.1, 1965 edition, “Compressed Gas Cylinder Valve Outlet and Inlet Connections,” which is adopted by reference in R 408.40709.

(9) A cylinder valve shall be opened slightly for an instant and then closed before connecting to a regulator or manifold to clear the valve of dust and dirt. The employee opening the valve shall stand to one side of the outlet, not in front of it. The employee shall not open the valve near a source of ignition. Pressure to a regulator shall be introduced by slowly opening the cylinder valve. An acetylene cylinder valve shall only be opened enough to allow proper working pressure, but shall not be opened more than 1 1/2 turns of the spindle.

(10) Acetylene shall not be utilized or piped, except in cylinder manifolds, at a pressure in excess of 15 psig.

(11) A cylinder to which a regulator is attached shall not be moved unless secured to a hand or powered truck designed or equipped for this purpose.

(12) A cylinder valve must be closed in any of the following situations:

(a) When moving the cylinder.

(b) When the work is finished or is left unattended during the lunch period, overnight, or any other prolonged period.

(c) When the cylinder is empty.

(d) When the regulator is removed.

(13) A cylinder without fixed handwheels shall have keys, handles, or nonadjustable wrenches on valve stems while in service. A multiple cylinder installation shall require only 1 key or handle for each manifold.

A hammer shall not be used to open a cylinder valve or loosen a cap.

(14) A cylinder, whether full or empty, shall not be used as a roller or support.

(15) A damaged or a leaking cylinder, a cylinder with a valve stuck open, or a valve in need of repair shall be taken outdoors away from sources of ignition, tagged with a warning sign, and the manufacturer or distributor notified. Complete removal of the stem from the cylinder valve shall be avoided.

(16) Nothing shall be placed on top of the cylinder.

History

• History: 1980 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.40729 Rescinded {#sec-r-408.40729 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40729}

HOSES AND REGULATORS

History

• History: 1980 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40731 Hoses and connections {#sec-r-408.40731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40731}

Rule 731. (1) Hose and hose connections used for a welding operation shall be as prescribed in paragraph 3.5.6 of the American National Standard Institute Standard ANSI/AWS Z49.1, “Safety in Welding and Cutting and Allied Processes,” 1973 edition, which is adopted by reference in R 408.40709.

(2) Parallel lengths of hose taped together shall have not more than 4 inches out of each 12 inches covered by tape.

(3) Parallel hoses shall be color coded as follows:

(a) Red-fuel gases. See subrule (4) of this rule.

(b) Green-oxygen.

(c) Black-inert gas or air.

(4) The employer shall assure that only approved hose is used for LP gas.

(5) A hose and its connections shall be inspected before each shift for burns, leaks, worn places, or other defects which could affect the safety of an employee. Suspected leaks shall be checked by use of a grease-free soap solution.

(6) A defective hose shall not be used, but shall be repaired or replaced.

(7) A hose that has been subject to a flashback or has been repaired or spliced shall be tested at twice the normal pressure, but not less than 300 psig.

(8) A box used for the storage of gas hose shall be ventilated.

History

• History: 1980 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.40732 Regulators and protective devices {#sec-r-408.40732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40732}

Rule 732. (1) The use of regulators shall comply with the following requirements:

(a) Regulators shall be used only for the gas and pressure for which they are intended.

(b) Regulators shall be repaired by authorized and trained personnel or shall be returned to the supplier for calibration or repairs.

(c) Regulators shall not be removed until the cylinder valve is closed and the regulator drained.

(d) Regulators shall have gauges marked "Use No Oil" when used for oxygen.

(2) Backflow prevention devices shall be installed on the fuel gas and oxygen hoses.

(3) A cylinder equipped with a shutoff valve shall have a regulator attached to the cylinder valve or manifold during use.

ARC WELDING AND CUTTING

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40741 Arc welding machines {#sec-r-408.40741 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40741}

Rule 741. (1) An arc welding machine shall be capable of operating safely in the environment in which it is located. The design and construction shall enable the machine to carry its rated load with rated temperature rise where the temperature of the cooling air is not more than 104 degrees Fahrenheit and where the altitude is not more than 3300 feet (1000 meters approx.).

(2) Where unusual service conditions exist, such as corrosive fumes, steam, oil vapor, flammable gases, vibration, shock, dust, or weather, a specially designed arc welding machine shall be used.

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40742 Rescinded {#sec-r-408.40742 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40742}

History

• History: 1980 AACS; 2013 AACS.

Mich. Admin. Code R 408.40743 Design requirements for arc welding machines {#sec-r-408.40743 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40743}

Rule 743. (1) A controller integrally mounted in an electric motor-driven welding machine shall have the capacity for carrying rated motor current and shall be capable of making and interrupting stalled rotor current of the motor.

(2) Input power terminals, tap change devices, and live metal parts connected to input circuits shall be completely enclosed and shall be accessible only by use of tools.

(3) Welding lead terminals shall be protected from accidental electrical contact by personnel or metal objects. If a welding lead terminal normally used for connection to the work is connected to a grounded enclosure, it shall be done by a conductor not less than 2 sizes smaller than the grounding conductor and it shall be so marked.

(4) Portable control devices, such as push buttons, shall not be connected to an AC circuit of more than 120 volts. Exposed metal parts of a portable control device operating above 50 volts shall be grounded.

(5) Auto transformers or AC reactors shall not be used to draw welding current directly from any AC power source having a voltage of more than 80 volts.

History

• History: 1980 AACS; 2013 AACS.

Mich. Admin. Code R 408.40744 Installation {#sec-r-408.40744 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40744}

Rule 744. (1) The frame or case of a welding machine shall be grounded, unless the manufacturer does not recommend it.

(2) The work on which the operator welds shall be grounded. A wire used to ground a workpiece shall be capable of carrying the full welding current. Connections of the ground shall be mechanically sound and strong. When a single ground return cable services more than 1 unit, the safe current-carrying capacity of the cable shall equal or exceed the total maximum output capacities of all units which it services.

(3) A conduit containing an electrical conductor shall not be used for completing a work-lead circuit.

(4) A pipeline in service shall not be used as a permanent part of a work-lead circuit, but may be used during construction, extension, or repair if current is not carried through threaded joints, flanged bolted joints, or caulked joints and if special precautions are used to avoid sparking at the connection of the work-lead cable.

(5) Chains, wire ropes, cranes, hoists, and elevators used for carrying loads shall not be used to carry a welding current.

(6) A welding cable shall be protected against damage, entanglement, or contact with power supply or high-tension wires.

(7) A welding machine that is not provided with a controller or disconnect switch as an integral part shall have a controller or disconnect switch with overload protection provided. A disconnect switch with overload protection or overload disconnect protection, or equivalent, shall be provided for each outlet used by a portable welding machine, unless the machine is equipped with a disconnect switch and overload protection.

(8) The rated current-carrying capacity of the supply conductors for individual machines shall not be less than the rated primary current for the welding machine. The rated current-carrying capacity of the conductors for a group of welding machines may be less than the sum of the rated primary current of the welding machines supplied. The conductor rating shall be determined in each case according to the machine loading based on the use to be made of each welding machine and the allowance permissible if all the machines supplied by the conductor will not be in use at the same time.

(9) Where a welding machine is working sufficiently close to another machine so that a welding operator is likely to touch the exposed parts of more than 1 electrode holder simultaneously, the machine shall be connected so as to minimize shock hazard as follows:

(a) DC machine shall be connected with the same polarity.

(b) AC machine shall be connected to the same phase of the supply circuit and with the same instantaneous polarity.

(10) A current-carrying part passing through the portion of the holder that the employee grips by hand and the outer surface of the jaws of the holder shall be insulated against the maximum voltage encountered to ground.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40745 Welding cables and electrode holders {#sec-r-408.40745 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40745}

Rule 745. (1) An arc welding and cutting cable shall be of the completely insulated, flexible-type and shall be capable of handling the maximum current requirements of the work, taking into account the duty cycle under which the welder is working.

(2) A manual electrode holder shall be specifically designed for arc welding and cutting and shall be capable of handling the maximum rated current required by the electrode.

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40746 Operation {#sec-r-408.40746 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40746}

Rule 746. (1) Engine fuel, cooling water, or shielding gas shall not be allowed to leak.

(2) A welding machine shall be disconnected when being moved and shall be turned off when not in use.

(3) Electrodes shall be retracted or removed when not in use. Electrode holders not in use shall be placed so that they cannot make electrical contact with an employee, fuel, gas tanks, or conducting objects.

(4) A welder shall not let live electrodes or holders touch his bare skin or damp clothing. When arc welding is performed in wet conditions or under a condition of high humidity, the welder shall be protected against electric shock.

(5) Electrode holders shall not be cooled by immersion in water.

(6) Welding shall not be permitted where fumes of chlorinated hydrocarbons are present or will reach or be drawn into the atmosphere surrounding the welding operation.

(7) Before starting an arc welding operation, the welder shall do all of the following:

(a) Assure the work lead is secured to the work.

(b) Assure the magnetic work clamps are free of spatter on the contact surfaces.

(c) Spread out the welding cable, if necessary, to prevent overheating and damage.

(d) Assure grounding connections are secured to a good ground.

(e) Assure the required switching equipment for shutting down the machine has been provided.

(8) A welder shall not curl or loop welding cable around his or her body.

History

• History: 1980 AACS; 1982 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.40747 Maintenance of arc welding machines {#sec-r-408.40747 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40747}

Rule 747. (1) Spliced welding cable shall not be used within 10 feet (3.05 meters) of an arc welding machine.

(2) Equipment in need of repair that constitutes a safety hazard shall not be used or put in use until repairs are made by a knowledgeable employee or an outside service.

(3) Cut insulation on work and lead cable or exposed bare conductors of an arc welding machine shall be protected by electrical tape and shall be made watertight or the conductor shall be replaced. Splices shall be made by insulated welded joints or pressure connectors.

(4) An arc welding machine that has become wet shall be thoroughly dried and tested before use.

PERSONAL PROTECTIVE EQUIPMENT

History

• History: 1980 AACS.

Mich. Admin. Code R 408.40751 Personal protective equipment {#sec-r-408.40751 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40751}

Rule 751. (1) A welder shall wear face and eye protection when performing welding operations and by other employees exposed to a risk of injury from spatter or flash, or both. The protective devices shall be provided for as prescribed in Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.40709.

(2) The employer shall provide welding gloves at no expense to the employee and the employee shall wear them to protect their hands and wrists.

(3) The employer shall provide other protective devices, such as, but not limited to, body protection, chaps, and curtains, at no expense to the employee, and the employee shall use them when exposed to a risk of injury by flash burn, sparks, and foreign bodies.

GENERAL FIRE RULES

History

• History: 1980 AACS; 1982 AACS; 2005 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40761 Fire precautions {#sec-r-408.40761 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40761}

Rule 761. (1) Welding operations shall not be performed within 50 feet of explosives, stored cylinders, or stored fuel. Combustible and flammable materials located within 35 feet of a welding operation shall either be removed or covered with fireresistant material.

(2) Cracks or openings through which sparks could pass in the floor or wall that are within 35 feet of a welding operation shall be covered with a fire-resistant material.

(3) A wood floor within 10 feet of a welding operation shall be protected by either wetting down, covering with sand, or covering with a fire-resistant material.

(4) A minimum of 1 2A-10BC portable fire extinguisher shall be immediately available to the work area during welding operations.

(5) An employer shall designate a person as responsible for fire safety during a welding operation where a fire could start or where 1 of the following conditions exists:

(a) Appreciable combustible and flammable materials are more than 35 feet from a welding operation but are easily ignited.

(b) Combustible and flammable material is adjacent to the opposite side of a metal partition, wall, ceiling, or roof that is likely to ignite by conduction or radiation.

(c) If there is a possibility that a smoldering fire may have started, the person shall remain at the scene of the work for not less than 30 minutes after the welding operation has stopped. Personnel shall be instructed as to the specific anticipated fire hazards and how the firefighting equipment provided is to be used.

(6) The connection, by welding, of branches to a pipeline carrying a flammable substance shall be performed in accordance with the regulations of the department of transportation, 49 C.F.R. Part 192, “Minimum Federal Safety Standards for Gas Pipelines,” which are adopted by reference in R 408.40709.

(7) Before welding, cutting, or heating is commenced on any surface covered by a preservative coating whose flammability is not known, a test shall be made by a competent person to determine its flammability. Preservative coatings shall be considered to be highly flammable when scrapings burn with extreme rapidity.

History

• History: 1980 AACS; 2005 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.40762 Welding drums, barrels, tanks, or other containers {#sec-r-408.40762 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40762}

Rule 762. (1) Welding operations shall not be performed on drums, barrels, tanks, or other containers until they have been cleaned of all flammable, combustible, or toxic materials or fumes.

(2) All pipelines or other connections to drums, barrels, or tanks shall be disconnected or blanked before performing welding operations.

(3) Hollow spaces or cavities shall be vented and either filled with water or purged with an inert gas before preheating, cutting, or welding.

(4) An opening shall be maintained during welding and cutting to vent gases or vapors.

(5) Welding on natural gas pipelines shall be as prescribed by the regulations of the department of transportation, 49 C.F.R. Part 192, “Minimum Federal Safety Standards for Gas Pipelines,” which are adopted by reference in R 408.40709.

History

• History: 1980 AACS; 2005 AACS; 2015 AACS.

R 408.40801 to R 408.40841 Part 8. Handling and Storage of Materials

Mich. Admin. Code R 408.40801 Rescinded {#sec-r-408.40801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40801}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 8. HANDLING AND STORAGE OF MATERIALS

History

• History: 1979 AC; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.40810 Scope and adoption by reference of standards {#sec-r-408.40810 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40810}

Rule 810. (1) This standard pertains to the handling and storage of construction materials, including care and use of slings, ropes, and chains for a construction operation, except for specific rules covering materials covered in the following MIOSHA standards, which are referenced in this rule:

(a) Construction Safety Standard Part 7. “Welding and Cutting.”

(b) Construction Safety Standard Part 18. “Fire Protection and Prevention.”

(c) Construction Safety Standard Part 20. “Demolition”

(d) Construction Safety Standard Part 27. “Blasting and Use of Explosives.”

(2) The Compressed Gas Association Standard, P-1--2000, “Safe Handling of Compressed Gases in Containers,” ninth edition, is adopted in these rules. The standard is available from the Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia, 20151-2923; telephone number: 703-788-2700 or via the internet at web-site: www.cganet.com at a cost as of the time of adoption of these rules of $227.00.

(3) The standard adopted in these rules is available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909- 8143, plus $20.00 for shipping and handling.

(5) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(b) Construction Safety Standard Part 18. “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(c) Construction Safety Standard Part 20. “Demolition,” R 408.42001 to R 408.42047.

(d) Construction Safety Standard Part 27. “Blasting and Use of Explosives,” R 408.42701 to R 408.42799.

(e) General Industry Safety and Health Standard Part 49. “Slings,” R 408.14901 to R 408.14965.

History

• History: 2004 AACS; 2013 AACS; 2016 AACS; 2021 AACS.

Mich. Admin. Code R 408.40817 Definitions {#sec-r-408.40817 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40817}

Rule 817. (1) "Block" means a masonry unit having 1 dimension exceeding 15 inches, and 1 of its other 2 dimensions exceeding 7 inches.

(2) "Brick" means a masonry unit which is not a block.

(3) "Chain" means a series of metal links connected to, or fitted into, one another.

(4) "Lay" means the lengthwise distance required by a single strand to make 1 complete spiral around the rope.

(5) "Rigging equipment" means chain, wire rope, fiber rope, synthetic rope, sling, and their accessories and includes hoisting lines.

(6) "Rope" means a strand or series of strands of fiber, synthetic or wire braided, woven or twisted together.

History

• History: 1979 AC.

Mich. Admin. Code R 408.40818 General provisions; storage {#sec-r-408.40818 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40818}

Rule 818. (1) All material shall be stacked, racked, blocked, interlocked, or otherwise secured to prevent sliding, falling, or collapse during storage or transit.

(2) Structural steel, poles, pipe, bar stock, and other cylindrical materials, unless racked, shall be stacked and blocked so as to prevent spreading or tilting.

(3) The maximum safe load limit in pounds per square foot of a floor or roof of a building shall be conspicuously posted in all storage areas, except when a storage area is on a floor or slab on grade. The maximum safe load limit shall not be exceeded. Posting is not required for storage areas in all single-family residential structures and woodframed multi-family residential structures.

(4) Storage areas, aisles, and passageways shall be kept free of the accumulation of materials that constitutes a hazard to the movement of material-handling equipment and employees. Such areas shall be kept in good repair.

(5) If a difference in road or work levels exists, ramps, grading, or blocking shall be provided to ensure the safe movement of material-handling equipment.

(6) A railcar, truck, or semitrailer shall be chocked or otherwise secured during loading and unloading if the movement of a railcar, truck, or trailer could create a hazard for the employee.

(7) While roofing work is being performed, materials and equipment shall not be stored within 6 feet (1.8 m) of a roof edge, unless guardrails are erected at the roof edge.

(8) Material stored inside buildings under construction shall not be placed within 6 feet of any hoistway or inside floor openings, nor within 10 feet of an exterior wall that does not extend above the top of the material stored.

(9) Noncompatible materials shall be segregated in storage.

(10) Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control shall be exercised when necessary.

(11) Materials shall not be stored on scaffolds or runways in excess of supplies needed for immediate operations.

(12) Portable and powered dockboards shall be strong enough to carry the load imposed on them.

(13) Portable dockboards shall be secured in position by being anchored and equipped with devices that will prevent slipping.

(14) Handholds, or other effective means, shall be provided on portable dockboards to permit safe handling.

(15) Positive protection shall be provided to prevent railroad cars from being moved while dockboards or bridge plates are in position.

History

• History: 1979 AC; 1996 AACS; 2004 AACS; 2013 AACS; 2021 AACS.

Mich. Admin. Code R 408.40819 Storage of bagged material, brick, and block {#sec-r-408.40819 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40819}

Rule 819. (1) Bagged material on a pallet shall be all of the following:

(a) Not more than 36 inches in height.

(b) Secured to prevent displacement from the pallet before moving.

(c) Stacked not more than 2 pallets high.

(d) Stacked by stepping back the layers and cross-keying the bags at least every 10 bags high.

(2) A loose brick or tile stack shall be all of the following:

(a) Tapered back 2 inches in every foot of height above 4 feet.

(b) Not exceed 6 feet in height.

(c) Cross-keyed at each 2-foot level.

(3) A loose block stack shall be all of the following:

(a) Not exceed 6 feet in height.

(b) Cross-keyed at each 3-foot level.

(4) Brick on a pallet shall be all of the following:

(a) Not more than 30 inches in height.

(b) Secured to prevent displacement from the pallet before moving.

(c) Stacked not more than 2 pallets high.

(5) Block on a pallet shall be all of the following:

(a) Not more than 46 inches in height.

(b) Cross-keyed every course or secured to pallet.

(c) Stacked not more than 2 pallets high.

(6) Brick or block in a banded cube shall not be stacked more than 2 cubes high.

Editor's Note: An obvious error in R 409.40819 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 2013. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.

History

• History: 1979 AC; 1983 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40820 Storage of lumber {#sec-r-408.40820 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40820}

Rule 820. (1) Lumber shall be stacked on level and solidly supported sills so as to be selfsupporting and stable.

(2) A pile of lumber manually stacked, and a pile of lumber to be manually unstacked, shall not exceed 6 feet in height.

(3) Lumber which is mechanically stacked shall not exceed 10 feet in height. This lumber shall not be rehandled manually, except as prescribed in subrule (2) of this rule.

(4) Used lumber shall have all protruding nails removed or bent into the lumber before stacking.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.40821 Storage of material in bins or hoppers {#sec-r-408.40821 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40821}

Rule 821. A bin or hopper that has a bottom discharge shall have sloped sides to allow material to flow freely.

History

• History: 1979 AC; 1982 AACS; 1996 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40822 Clearances {#sec-r-408.40822 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40822}

Rule 822. (1) Material stored near an electrical distribution or transmission line shall maintain the following clearances:

(a) Line rated 50 kV or less--10 feet plus length of material stored.

(b) Line rated 50 kV or more--10 feet plus 0.4 inch for each 1 kV over 50 kV plus length of material stored or 10 feet plus 4 inches for each 10 kV over 50 kV plus length of material stored.

(2) An employee shall be designated to observe the clearance and give timely warning if it is difficult for the operator to maintain the prescribed clearance by visual means.

History

• History: 1979 AC; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40823 Compressed gas {#sec-r-408.40823 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40823}

Rule 823. The handling and storage of all compressed gases, except those used for welding and cutting, shall be as prescribed in the Compressed Gas Association Standard, P-1--2000, “Safe Handling of Compressed Gases in Containers,” in R 408.40810.

History

• History: 1979 AC; 2004 AACS; 2016 AACS.

Mich. Admin. Code R 408.40831 Disposal of waste materials {#sec-r-408.40831 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40831}

Rule 831. (1) The area onto and through which material is to be dropped shall be completely enclosed with barricades not less than 36 inches or more than 42 inches high and not less than 6 feet back from the opening and area receiving the material. Signs warning of the hazard of falling materials shall be posted on the barricades at each level containing the barricades. Removal of signs shall not be permitted in this lower area until debris handling ceases above.

(2) If material is dumped from mechanical equipment or a wheelbarrow, then a toeboard or bumper not less than 4 inches thick x 6 inches high nominal size shall be secured to the floor at each material chute opening.

(3) If the drop is more than 20 feet outside the exterior of the building, then a chute as prescribed in Construction Safety Standard Part 20 “Demolition,” as referenced in R 408.40810, shall be used, and extend to within 8 feet of the lower level.

(4) Material, barricades, and chutes shall not be removed until material handling ceases above.

(5) All scrap lumber, waste materials, or rubbish shall be removed from the immediate work area as the work progresses.

(6) Disposal of waste material or debris by burning shall comply with local fire regulations.

(7) All solvent waste, oily rags, and flammable liquids shall be kept in fire resistant covered containers until removed from the worksite.

History

• History: 1979 AC; 2004 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.40832 Rigging equipment {#sec-r-408.40832 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40832}

Rule 832. (1) Rigging equipment for material handling shall be inspected at the time of installation, before each job, and at the beginning of each shift if in use, by an employee qualified to perform this inspection. Defective rigging equipment shall be removed from service.

(2) If not in use, rigging equipment shall be stored in a manner that is not hazardous for an employee.

(3) Rigging equipment, other than a sling, hoisting line, and alloy steel chain, shall not be loaded in excess of its recommended safe working load, as prescribed in General Industry Safety Standard Part 49 “Slings,” as referenced in R 408.40810.

History

• History: 1979 AC; 2004 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.40833 Slings {#sec-r-408.40833 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40833}

Rule 833. (1) All slings used to store or handle material for construction operations shall meet the requirements of General Industry Safety Standard Part 49 “Slings,” as referenced in R 408.40810.

(2) Employers shall ensure that rigging equipment complies with all of the following:

(a) Have permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load.

(b) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer.

(c) Not be used without affixed, legible identification markings, required by subdivision (a) of this subrule.

(3) Employers shall not use improved plow-steel wire rope and wire-rope slings with loads in excess of the rated capacities, such as working load limits, indicated on the sling by permanently affixed and legible identification markings prescribed by the manufacturer.

(4) Wire rope slings shall have permanently affixed, legible identification markings stating size, rated capacity for the type or types of hitch or hitches used and the angle upon which it is based, and the number of legs if more than 1 leg.

History

• History: 1979 AC; 1983 AACS; 2004 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.40834 Wire ropes {#sec-r-408.40834 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40834}

Rule 834. (1) Wire rope shall be taken out of service if any of the following conditions exist:

(a) In running ropes, 6 randomly distributed broken wires in 1 lay or 3 broken wires in 1 strand in 1 lay.

(b) Wear of 1/3 the original diameter of outside individual wires. Kinking, crushing, birdcaging, or any other damage resulting in distortion of the rope structure, except for deformation caused by normal methods of attachment to drums, hooks, shackles, or other accessories.

(c) Evidence of any heat damage from any cause.

(d) Reductions from nominal diameter of more than 1/64-inch for diameters up to and including 5/16-inch, 1/32-inch for diameters 3/8-inch to and including 1/2-inch, 3/64-inch for diameters 9/16-inch to and including 3/4-inch, 1/16-inch for diameters 7/8-inch to 1- 1/8-inches inclusive, 3/32-inch for diameters 1-1/4 to 1-1/2 inches inclusive.

(e) In standing ropes, more than 2 broken wires in 1 lay in sections beyond end connections or more than 1 broken wire at an end connection.

(f) Wire rope shall not be used if, in any length of 8 diameters, the total number of visible broken wires exceeds 10% of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defect.

(2) A wire rope used for hoisting, lowering, or pulling shall consist of 1 continuous piece without a knot or splice, except an eye splice at the end of a wire rope.

(3) If wire rope clips are used to form eyes in a wire rope, table 1 shall be followed as to numbers and spacing to be used. The "u" section shall be on the dead end side.

(4) Protruding ends of strands in splices on slings and bridles shall be covered or blunted.

(5) Shock loading is prohibited.

(6) Table 1 reads as follows:

TABLE 1

NUMBER AND SPACING OF U-BOLT WIRE ROPE CLIPS

Improved plow steel, rope diameter (inches)

Number of clips Minimum spacing (inches)

Drop forged Other material 1/2 or less 3 4 3 5/8 3 4 3-3/4 3/4 4 5 4-1/2 7/8 4 5 5-1/4 1 5 6 6 1-1/8 6 6 6-3/4 1-1/4 6 7 7-1/2 1-3/8 7 7 8-1/4 1-1/2 7 8 9

History

• History: 1979 AC; 1983 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40835 Natural and synthetic fiber rope; specifics {#sec-r-408.40835 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40835}

Rule 835. (1) A natural or synthetic fiber rope used for hoisting, lowering, or pulling shall consist of 1 continuous piece without a knot or splice, except an eye splice at the end of the rope.

(2) An eye splice for manila rope shall contain not less than 3 full tucks, and short splices shall contain not less than 6 full tucks, 3 on each side of the splice center line.

(3) An eye splice for stranded synthetic fiber rope shall contain not less than 4 full tucks, and short splices shall contain not less than 8 full tucks, 4 on each side of the splice center line. An eye splice for other types of synthetic fiber rope shall be made as prescribed by the rope manufacturer.

(4) An eye splice for natural or synthetic fiber rope shall be of a size to provide an interior angle at the splice of not more than 60 degrees when the eye is placed over the load or support.

(5) A natural or synthetic fiber rope eye shall be equipped with a thimble if the eye is placed over or around an object with a sharp corner.

(6) Strand end tails from an eye splice shall not be trimmed flush with the surface of the rope immediately adjacent to the full tucks. This applies to both eye and short splices and all types of fiber rope.

(a) Tails from an eye splice for a fiber rope less than 1-inch in diameter shall project not less than 6 rope diameters beyond the last full tuck.

(b) Tails from the eye splice for fiber rope 1-inch or more in diameter shall project not less than 6 inches beyond the last full tuck.

(c) Projecting tails may be tapered and spliced into the body of the rope using not less than 2 additional tucks, which shall require a tail length of approximately 6 rope diameters beyond the last full tuck or they may be taped or wired down.

(7) A natural or synthetic rope shall not be used for load carrying service if any of the following apply:

(a) It is frozen or has been subjected to corrosive chemicals or extreme temperatures.

(b) It has begun to unravel.

(c) It has external abrasions, cuts, or broken fibers, decay, burns, softness, or variation in size or roundness.

(d) It has internal presence of grit, broken fibers, mildew or mold, color change, powdering, or loose fibers.

(8) Natural or synthetic rope shall not be used if there is exposure to corrosive substances, chemicals, or heat.

History

• History: 1979 AC; 2004 AACS.

Mich. Admin. Code R 408.40836 Hooks, shackles, and other accessories {#sec-r-408.40836 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40836}

Rule 836. (1) A hook, ring, oblong link, pear-shaped link, welded or mechanical coupling link, or other attachment, when used with alloy steel chain, shall have a rated capacity equal to the chain or rope to which it is attached, and the load shall not exceed the rated load.

Shackles and other accessories shall have a rated capacity equal to or greater than the load to which it is attached.

(2) A hook shall be discarded if either of the following applies:

(a) The throat opening is more than 15% greater than the manufactured size.

(b) The hook has more than 10 degrees twist from a vertical center line drawn through the hook center.

(3) Special custom designed grabs, hooks, clamps, and other lifting accessories, for such units as modular panels, prefabricated structures and similar materials, shall be marked to indicate the safe working loads and shall be proof tested to 125% of their rated load.

(4) A job or shop hook and link, or a makeshift fastener, formed from a bolt, rod, or other such accessories, shall not be used, unless tested in accordance to subrule (3) of this rule.

(5) A shackle and connecting pin, and other accessories, shall be discarded if the diameter is reduced by more than 10%.

Editor's Note: An obvious error in R 408.40836 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 7. The memorandum requesting the correction was published in Michigan Register, 2013 MR 21.

History

• History: 1979 AC; 1983 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40837 Chains {#sec-r-408.40837 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40837}

Rule 837. (1) Chains used for material handling shall be made of alloy steel.

(2) A welded alloy steel chain shall have a permanently affixed tag showing the size, grade, rated capacity, and manufacturer's name.

(3) If wear at any point of any chain link is more than that shown in table 2, then the chain shall be repaired or replaced. The repair shall return the chain to its rated capacity.

(4) Employers shall not use alloy steel-chain slings with loads in excess of the rated capacities, such as working load limits, indicated on the sling by permanently affixed and legible identification markings prescribed by the manufacturer.

TABLE 2

MAXIMUM ALLOWABLE WEAR AT ANY POINT

OF LINK

Chain Size (inches)

Maximum Allowable Wear (inch) 1/4 3/64 3/8 5/64 1/2 7/64 5/8 9/64 3/4 5/32 7/8 11/64 1 3/16 1-1/8 7/32 1-1/4 1/4 1-3/8 9/32 1-1/2 5/16 1-3/4 11/32

History

• History: 1979 AC; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40840 Shackles and hooks safe working loads {#sec-r-408.40840 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40840}

Rule 840. (1) The manufacturer’s recommendations shall be followed in determining the safe working loads of the various sizes and types of specific and identifiable hooks. All hooks for which manufacturer’s recommendations are not available shall be tested to twice the intended safe working load before they are initially put into use. The employer shall maintain a record of the dates and results of such tests.

(2) Employers shall not use shackles with loads in excess of the rated capacities, such as working load limits, indicated on the shackle by permanently affixed and legible identification markings prescribed by the manufacturer.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 408.40841 Synthetic webbing (nylon, polyester, and polypropylene) {#sec-r-408.40841 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40841}

Rule 841. (1) Employers shall use natural- and synthetic-fiber rope slings that have permanently affixed and legible identification markings that state the rated capacity for the type or types of hitch or hitches used and the angle upon which it is based, type of fiber material, and the number of legs if more than 1.

(2) Rated capacity shall not be exceeded.

(3) Synthetic webbing shall be of uniform thickness and width and selvage edges shall not be split from the webbing's width.

(4) Employers shall not use natural- and synthetic-fiber rope slings with loads in excess of the rated capacities, such as working load limits, indicated on the sling by permanently affixed and legible identification markings prescribed by the manufacturer.

History

• History: 2004 AACS; 2013 AACS.

R 408.40901 to R 408.40953 Part 9. Excavation, Trenching, and Shoring

Mich. Admin. Code R 408.40901 Scope and referenced standards {#sec-r-408.40901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40901}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 9. EXCAVATION, TRENCHING, AND SHORING

Rule 901. (1) This part pertains to the digging of excavations and trenches which an employee is required to enter and the supporting systems used on construction operations.

(2) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules:

(a) Construction Safety and Health Standard Part 21. “Guarding of Walking and Working Areas,” R 408.42101 to R 408.42160.

(b) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(3) Up to 5 copies of the standards listed in subrule (2) of this rule may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

History

• History: 1979 AC; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40925 Definitions A to Q {#sec-r-408.40925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40925}

Rule 925. (1) "Angle of repose" means the maximum permissible slope as determined by table 1.

(2) “Benching” means a method of protecting employees from cave-ins by excavating the sides of an excavation to form 1 or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.

(3) "Braces" or "struts" means the horizontal cross members of a shoring system that bear against the uprights or stringers.

(4) “Cave-in” means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person.

(5) “Competent person” means an individual who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

(6) "Excavation" means any man-made cut, cavity, trench, or depression in the earth's surface, including its sides, walls, or faces, formed by earth removal.

(7) "Hazardous atmosphere" means an atmosphere which by reason of being any of the following, may cause death, illness, or injury:

(a) Explosive.

(b) Flammable.

(c) Poisonous.

(d) Corrosive.

(e) Oxidizing.

(f) Irritating.

(g) Oxygen deficient.

(h) Toxic.

(i) Otherwise harmful.

(8) "Kickout" means the accidental release or failure of a stringer or brace.

(9) “Protective system” means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection.

(10) "Qualified person" means an individual who, by possession of a recognized degree or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter and work.

(11) “Ramp” means an inclined walking or working surface that is used to gain access to 1 point from another and is constructed from earth or from structural materials such as steel or wood.

(12) “Registered professional engineer” means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a registered professional engineer within the meaning of this standard when approving designs for manufactured protective systems or tabulated data to be used in interstate commerce.

History

• History: 1979 AC; 1988 AACS; 1993 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40926 Definitions; S {#sec-r-408.40926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40926}

Rule 926. (1) “Sheeting” means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system.

(2) "Sheet piling" means a continuous row of timber or steel piles driven in close contact to provide a tight wall to resist lateral pressure of water, adjacent earth, or other materials.

(3) “Shield” or “shield system” means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job-built in accordance with R 408.40932, R 408.40942, R 408.40943, R 408.40945, and R 408.40953. Shields used in trenches are usually referred to as trench boxes or trench shields.

(4) “Shoring” or “shoring system” means a structure such as a metal hydraulic, mechanical, or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins.

(5) "Sides" sometimes called faces or walls, mean the vertical or inclined earth surfaces formed as a result of excavation work.

(6) "Slope" means the acute angle formed by the side of a trench or excavation and the horizontal plane.

(7) "Soil" means any of the following:

(a) "Clay" means a very fine textured soil that derives its resistance to displacement from cohesion and may be:

(i) "Soft clay" means a clay-type soil that has an unconfined strength of less than 1.0 ton per square foot.

(ii) "Medium clay" or "plastic" means a clay-type soil that has a minimum unconfined strength of 1.0 ton per square foot.

(iii) "Firm soil" means a clay-type soil that is resistant to forces causing rupture or displacement. A firm clay has a minimum unconfined strength of 1.5 tons per square foot.

(iv) "Stiff clay" means a clay-type soil that is very resistant to forces causing rupture or displacement. A stiff clay has a minimum unconfined strength of 2.5 tons per square foot.

(b) "Fill" means a manmade soil condition that may be constructed of any type of soil or combination thereof.

(c) "Granular soil" means a coarse grained soil that does not possess cohesion but derives its strength from internal friction.

(d) "Organic soil" means a soil that contains significant amounts of peat, muck, or marl.

(e) "Running soil" means any type of soil that has insufficient strength to stand unsupported. Running soil tends to run or slough into the excavation as the excavation is being dug.

(8) "Stringers" mean the horizontal members of a trench shoring system whose sides bear against the uprights or earth.

(9) “Structural ramp” means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps.

(10) “Support system” means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation.

History

• History: 1979 AC; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40927 Definitions; T, U {#sec-r-408.40927 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40927}

Rule 927. (1) “Tabulated data” means tables and charts approved by a registered professional engineer and used to design and construct a protective system.

(2) "Toe of slope" means the point at which the side of an excavation intersects the lowest level of the excavation.

(3) "Trench" means an excavation having a depth greater than its width measured at the bottom.

(4) "Trench jack" means a screw or hydraulic jack used as a brace in a trench shoring system.

(5) "Trench shield," sometimes called a trench box, means a trench shoring system composed of steel plates and bracing, welded or bolted together, which can be moved along as work progresses.

(6) "Uprights" mean the vertical members of a trench shoring system.

History

• History: 1979 AC; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40931 Locating utility lines {#sec-r-408.40931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40931}

Rule 931. (1) An employer shall not excavate in a street, highway, public place, a private easement of a public utility, or near the location of a public utility facility owned, maintained, or installed on a customer's premises, without having first ascertained the location of all underground facilities of a public utility in the proposed area of excavation.

(2) Upon receiving the information from the public utility, an employer shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. If the facilities are to be exposed, or are likely to be exposed, only hand digging shall be employed in such circumstances and such support, as may be reasonably necessary for protection of the facilities, shall be provided in and near the construction area.

(3) When any contact with, or damage to, any pipe, cable, or its protective coating, or any other underground facility of a public utility occurs, the public utility shall be notified immediately by the employer responsible for operations causing the damage. If an energized electrical cable is severed, an energized conductor is exposed, or dangerous fluids or gases are escaping from a broken line, the employer shall evacuate the employees from the immediate area while awaiting the arrival of the public utility personnel.

History

• History: 1979 AC.

Mich. Admin. Code R 408.40932 Excavation; consideration of soil types; water; slide hazards {#sec-r-408.40932 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40932}

Rule 932. (1) If different textured soils are encountered in the side of an excavation, each soil type of the excavation shall be cut to the proper angle of repose, except that the slope shall not steepen between the toe of the slope and the ground level where soft clay or running soil is encountered in the lower cut.

(2) An employee shall not work in an excavation in which there is accumulated water or in which water is accumulating unless precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but may include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or the use of a safety harness and lifeline.

(3) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operation shall be monitored by a competent person or a monitoring system to ensure that the equipment is properly operated.

(4) An ongoing inspection of an excavation or trench shall be made by a competent person. After every rainstorm or other hazard-producing occurrence, an inspection shall be made by a competent person for evidence of possible slides or cave-ins. Where these conditions are found, all work shall cease until additional precautions, such as additional shoring or reducing the slope, have been accomplished.

(5) When installed forms, walls, or similar structures create a trench between the form, wall, or structure and the side of the excavation, an employer shall comply with the provisions of R 408.40941 to R 408.40944.

History

• History: 1979 AC; 1993 AACS; 2013 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40933 Excavation; obstructions; retaining materials; egress; guarding; heavy equipment {#sec-r-408.40933 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40933}

Rule 933. (1) A tree, boulder, rock fragment, or other obstruction whose movement could cause injury to an employee shall be removed or supported.

(2) An excavation that an employee is required to enter shall have excavated and other material stored and retained not less than 2 feet from the excavation edge.

(3) When mobile equipment is utilized or permitted adjacent to an excavation where the operator’s vision is restricted, stop logs or barricades shall be utilized or a signal person shall be used.

(4) An excavation 48 or more inches in depth and occupied by an employee shall be provided with either a ladder extending not less than 3 feet above the top as a means of access or with a ramp meeting the requirements of subrule (5) of this rule. Lateral travel along the wall of a trench to a ladder or other means of egress shall not exceed 25 feet.

(5) An earth ramp may be used in place of a ladder if it meets all of the following requirements:

(a) The ramp material shall be stable.

(b) The sides of the excavation above the ramp shall be maintained to the angle of repose or sheeted or shored along the means of egress.

(c) The degree of angle of the ramp shall not be more than 45 degrees.

(d) Vertical height between the floor of the trench and the toe of the ramp shall not exceed 30 inches.

(6) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design and shall be constructed in accordance with the design.

(7) Ramps and runways constructed of 2 or more structural members shall have the structural members connected together to prevent displacement.

(8) Structural members used for ramps and runways shall be of uniform thickness.

(9) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping.

(10) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping.

History

• History: 1979 AC; 2013 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40934 Hazardous atmospheres; testing and controls {#sec-r-408.40934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40934}

Rule 934. To prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, all of the following requirements shall apply:

(a) Where an oxygen deficiency (an atmosphere that contains less than 19.5% oxygen) or a hazardous atmosphere exists, such as in excavations in areas where hazardous substances are stored nearby, the atmosphere in the excavation shall be tested before employees enter excavations that are more than 4 feet (1.22 m) deep.

(b) Precautions shall be taken to prevent employee exposure to atmospheres that contain less than 19.5% oxygen and any other hazardous atmosphere. These precautions include providing proper respiratory protection or ventilation in accordance with the requirements of this part.

(c) Precautions shall be taken, such as providing ventilation, to prevent employee exposure to an atmosphere that contains a concentration of a flammable gas in excess of 20% of the lower flammable limit of the gas.

(d) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe.

History

• History: 1993 AACS.

Mich. Admin. Code R 408.40941 Excavation; angle of repose {#sec-r-408.40941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40941}

Rule 941. (1) The side of an excavation more than 5 feet deep shall be sloped as prescribed in table 1, unless supported as prescribed in this part.

(2) An excavation less than 5 feet in depth shall also be effectively protected when examination of the ground indicates hazardous earth movement may be expected.

TABLE 1

MAXIMUM ALLOWABLE ANGLE OF REPOSE FOR THE SIDE OF AN

EXCAVATION IN EXCESS OF 5' DEPTH

History

• History: 1979 AC; 2013 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40942 Supporting systems; angle of repose; tie backs; sheeting; additional bracing {#sec-r-408.40942 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40942}

Rule 942. (1) The angle of repose and the design of the supporting system for a side of an excavation shall be based on the evaluation of all of the following factors:

(a) Depth of cut and type of soil.

(b) Possible variation in the water content of the material while the excavation is open.

(c) Anticipated changes in the material due to exposure to air, sun, water, or freezing temperatures.

(d) Load imposed by structures, equipment, overlying material, or stored material.

(e) Vibration from traffic, equipment, or blasting.

(2) A support system shall be designed by a qualified person. The design of the support system shall be maintained at the jobsite. Changes from the design of the support system shall be approved by a qualified person.

(3) Tie rods and other forms of tie backs used to restrain the top of sheeting shall be anchored a minimum of 10 feet. The measurement to the anchor point shall start at the intersection of an angle of repose with the surface of the soil retained. The tie back and anchor shall be capable of restraining any pressure exerted on the system.

(4) When sheeting or sheet piling is used, pressures due to existing ground water conditions shall be considered in the design. Sheet piling shall be driven to the predetermined depth set forth in the required design. Changes from the design shall be approved by the designer of the support system.

(5) Materials used for a supporting system shall be in good serviceable condition.

When timbers are used, they shall be sound and free of large or loose knots.

(6) A supporting system shall include additional bracing approved by the designer of the support system when the sides of excavations are cut adjacent to a previous known excavation or a known fill, particularly when the separation between the previous excavation and the new excavation is less than the depth of the excavation.

(7) Sheeting shall be braced or anchored at the bottom and along the vertical plane to prevent lateral movement.

(8) Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer.

History

• History: 1979 AC; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40943 Additional requirements for trench support systems {#sec-r-408.40943 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40943}

Rule 943. (1) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure.

(2) The backfilling and the removal of a support system for a trench shall progress together from the bottom of the trench. In unstable or running soil, the jacks and braces shall be removed from above the trench after employees have cleared the trench.

(3) The excavation of material to a level that is not more than 2 feet, .61 m, below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench and if there are no indications, while the trench is open, of a possible loss of soil from behind or below the bottom of the support system.

(4) The installation of a support system shall be closely coordinated with the excavation of trenches.

(5) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system.

(6) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand.

(7) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system.

History

• History: 1979 AC; 1993 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40944 Benching and sloping {#sec-r-408.40944 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40944}

Rule 944. (1) The angle of repose shall be flattened when an excavation has water conditions, silty materials, loose boulders, or areas where erosion, deep frost action, or slide planes appear.

(2) When benching the side of an excavation, the vertical rise shall not be more than 5 feet and the step back shall extend at least to the angle of repose as required by table 1.

(3) When benching a side of a trench, the height of the lower bench shall not be more than the lesser of 5 feet or width of the trench measured at the bottom.

(4) An employee shall not be permitted to work on sloped or benched excavations at levels above another employee, except when an employee at the lower level is protected from the hazard of falling, rolling, or sliding material or equipment.

History

• History: 1979 AC; 1993 AACS.

Mich. Admin. Code R 408.40945 Trenching boxes and shields {#sec-r-408.40945 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40945}

Rule 945. (1) Portable trench boxes or sliding trench shields may be used for the protection of personnel in place of a shoring system or sloping. Where such trench boxes or shields are used, they shall be designed, constructed, and maintained in a manner that provides protection equal to or greater than the sheeting or shoring required for the trench.

(2) The use of benching in conjunction with a portable trench box is permitted when the toe of the trench box is not more than 2 feet above the trench bottom, but only if the trench box is designed to resist the forces calculated for the full depth of the trench and if there are no indications, while the trench is open, of a possible cave-in below the bottom of the trench box.

(3) An employee shall not be allowed in shields when shields are being installed, removed, or moved vertically.

(4) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand.

(5) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.

(6) Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields.

History

• History: 1979 AC; 1993 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40946 Rescinded {#sec-r-408.40946 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40946}

History

• History: 1979 AC; 1982 AACS; 1988 AACS; 2013 AACS.

Mich. Admin. Code R 408.40951 Walkways, sidewalks, roadways {#sec-r-408.40951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40951}

Rule 951. (1) Sidewalks, pavements, and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.

(2) If an employee or equipment is required or permitted to cross a trench or ditch, a walkway, runway, ramp, or bridge shall be provided and shall have a designed capacity of not less than 3 times the imposed load. A guardrail prescribed by the provisions of Construction Safety and Health Standard Part 21. Guarding of Walking and Working Areas, R 408.421 to R 408.42160 and Construction Safety Standard Part 45. Fall Protection, R 408.42101 and R 408.44501, shall be provided.

History

• History: 1979 AC; 1993 AACS; 1996 AACS; 2013 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

Mich. Admin. Code R 408.40952 Rescinded {#sec-r-408.40952 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40952}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.40953 Adjacent structures; protection; design; inspection of shoring, bracing, and underpinning {#sec-r-408.40953 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.40953}

Rule 953. (1) A structure that is adjacent to an excavation or trench below the level of the base or footing of any foundation or retaining wall shall be protected against settlement, lateral movement, undermining, or washout.

(2) Before the excavation begins, the design of the protection used shall be set forth by a qualified person who is knowledgeable in the subject area.

(3) The shoring, bracing, and underpinning shall be inspected daily or more often, as conditions warrant, by a competent person.

(4) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees.

(5) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when 1 of the following applies:

(a) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure.

(b) The excavation is in stable rock.

(c) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity.

(d) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.

History

• History: 1979 AC; 1993 AACS; 2023 MR 24, Eff. Jan. 3, 2024.

R 408.41001 to R 408.41099a Part 10 Cranes and Derricks

Mich. Admin. Code R 408.41001 Scope, adoption, and availability of standards {#sec-r-408.41001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 10. CRANES AND DERRICKS

Rule 1001. (1) This standard applies to power-operated equipment, when used in construction, that can hoist, lower, and horizontally move a suspended load. Such equipment includes, but is not limited to, any of the following:

(a) Articulating cranes, such as knuckle-boom cranes.

(b) Crawler cranes.

(c) Floating cranes.

(d) Cranes on barges.

(e) Locomotive cranes.

(f) Mobile cranes, such as wheel-mounted, rough-terrain, all-terrain, commercial truck-mounted, and boom truck cranes.

(g) Multi-purpose machines when configured to hoist and lower by means of a winch or hook and horizontally move a suspended load.

(h) Industrial cranes, such as carry-deck cranes.

(i) Dedicated pile drivers.

(j) Service/mechanic trucks with a hoisting device.

(k) Crane on a monorail.

(l) Tower cranes, such as a fixed jib, for example, ‘‘hammerhead boom’’, luffing boom, and self-erecting.

(m) Pedestal cranes.

(n) Portal cranes.

(o) Overhead and gantry cranes.

(p) Straddle cranes.

(q) Sideboom cranes.

(r) Derricks.

(s) Variations of equipment listed in subdivisions (a) to (r) of this subrule. Items listed in subrule (3) of this rule are excluded from the scope of this standard.

(2) Attachments. This standard applies to equipment included in subrule (1) of this rule when used with attachments. These attachments, whether crane-attached or suspended, include, but are not limited to, any of the following:

(a) Hooks.

(b) Magnets.

(c) Grapples.

(d) Clamshell buckets.

(e) Orange peel buckets.

(f) Concrete buckets.

(g) Drag lines.

(h) Personnel platforms.

(i) Augers or drills.

(j) Pile driving equipment.

(3) Exclusions. This standard does not cover any of the following:

(a) Machinery included in subrule (1) of this rule while it has been converted or adapted for a non-hoisting or lifting use. These conversions or adaptations include, but are not limited to, any of the following:

(i) Power shovels.

(ii) Excavators.

(iii) Concrete pumps.

(b) The following machinery is excluded when used with chains, slings, or other rigging to lift suspended loads:

(i) Power shovels.

(ii) Excavators.

(iii) Wheel loaders.

(iv) Backhoes.

(v) Loader backhoes.

(vi) Track loaders.

(c) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles.

(d) Digger derricks when used for augering holes for poles carrying electric or telecommunication lines, placing and removing the poles, and for handling associated materials to be installed on, or removed from, the poles. Digger derricks used in work subject to Construction Safety Standard Part 16. “Power Transmission and Distribution,” must comply with General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution.” Digger derricks used in construction work for telecommunication service, as defined in and must comply with Construction Safety and Health Standard Part 30. “Telecommunications for Construction.”

(e) Machinery originally designed as vehicle-mounted aerial devices for lifting personnel and self-propelled elevating work platforms.

(f) Telescopic or hydraulic gantry systems.

(g) Stacker cranes.

(h) Powered industrial trucks, for example, forklifts, except when configured to hoist and lower by means of a winch or hook and horizontally move a suspended load.

(i) Mechanic’s truck with a hoisting device when used in activities related to equipment maintenance and repair.

(j) Machinery that hoists by using a come-a-long or chainfall.

(k) Dedicated drilling rigs.

(l) Gin poles when used for the erection of communication towers.

(m) Tree trimming and tree removal work.

(n) Anchor handling or dredge-related operations with a vessel or barge using an affixed A-frame.

(o) Roustabouts.

(p) Material delivery under the following conditions:

(i) Articulating knuckle-boom truck cranes that deliver material to a construction site when used to transfer materials from the truck crane to the ground, without arranging the materials in a particular sequence for hoisting.

(ii) Articulating or knuckle-boom truck cranes that deliver material to a construction site when the crane is used to transfer building supply sheet goods or building supply packaged materials from the truck crane onto a structure, using a fork or cradle at the end of the boom, but only when the truck crane is equipped with a properly functioning automatic overload prevention device. These sheet goods or packaged materials include, but are not limited to, sheets of sheet rock, sheets of plywood, bags of cement, sheets or packages of roofing shingles, and rolls of roofing felt.

(iii) The exclusion in this subdivision does not apply when used under any of the following circumstances:

(A) The articulating or knuckle-boom crane is used to hold, support, or stabilize the material to facilitate a construction activity, such as holding material in place while it is attached to the structure.

(B) The material being handled by the articulating knuckle-boom crane is a prefabricated component. Prefabricated components include, but are not limited to, precast concrete members or panels; roof trusses constructed of wood; cold formed metal, steel, or other materials; and prefabricated building sections such as, but not limited to, floor panels, wall panels, roof panels, roof structures, or similar items.

(C) The material being handled by the crane is a structural steel member, for example, steel joists, beams, columns, bundled or unbundled steel decking, or a component of a systems-engineered metal building, as defined in Construction Safety Standard Part 26. “Steel Erection.”

(D) The activity is not specifically excluded under 29 CFR 1926.1400(c)(17)(i) and (ii).

(4) All sections of 29 CFR part 1926, subpart CC, apply to the equipment covered by this standard unless specified otherwise.

(5) The duties of controlling entities under this standard include, but are not limited to, the duties specified in 29 CFR 1926.1402(c) and (e) and 1926.1424(b).

(6) Where provisions of this standard direct an operator, crewmember, or other employee to take certain actions, the employer must establish effective communication to the relevant persons, and enforce work rules to ensure compliance with such provisions.

(7) Work covered by Construction Safety Standard Part 16. “Power Transmission and Distribution,” in compliance with General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution,” is deemed in compliance with 29 CFR 1926.1407 to 1926.1411.

(8) 29 CFR 1926.1402 does not apply to cranes designed for use on railroad tracks, when used on railroad tracks that are part of the general railroad system of transportation that is regulated under the Federal Railroad Administration under 49 CFR part 213, and that comply with applicable Federal Railroad Administration requirements. See 29 CFR 1926.1402(f).

(9) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR part 1926, subpart CC, “Cranes and Derricks in Construction,” 29 CFR 1926.1400 to 1926.1442, as amended November 16, 2020, except 29 CFR 1926.1400(c)(16) is not adopted, and as specified in subrules (e) and (f) of this rule.

(b) 29 CFR part 1926, subpart CC, appendix A “Standard Hand Signals,” as amended August 9, 2010.

(c) 29 CFR part 1926, subpart CC, appendix B “Assembly/Disassembly--Sample Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement,” as amended August 9, 2010.

(d) 29 CFR part 1926, subpart CC, appendix C “Operator Certification--Written Examination--Technical Knowledge Criteria,” as amended August 9, 2010.

(e) 29 CFR 1926.1427, “Operator training, certification, and evaluation,” as amended November 9, 2018.

(f) 29 CFR 1926.1430, “Training,” as amended November 9, 2018.

(10) A reference to 29 CFR 1926.251 means Construction Safety and Health Standard Part 8. “Handling and Storage of Materials.”

(11) A reference to 29 CFR 1926.959 and 1926.960 means Construction Safety Standard Part 16. “Power Transmission and Distribution.”

(12) A reference to 29 CFR part 1926, subpart R means Construction Safety Standard Part 26. “Steel Erection,” and Construction Safety Standard Part 28. “Personnel Hoisting in Steel Erection.”

(13) A reference to 29 CFR 1926.500 and 1926.502 means Construction Safety Standard Part 45. “Fall Protection.”

(14) A reference to 29 CFR 1926.106 means Construction Safety and Health Standard Part 6. “Personal Protective Equipment.”

(15) A reference to 29 CFR 1910.268 means Construction Safety and Health Standard Part 30. “Telecommunications for Construction.”

(16) A reference to 29 CFR 1910.179 means General Industry Safety and Health Standard Part 18. “Overhead and Gantry Cranes.”

(17) A reference to 29 CFR 1910.147 means General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution.”

(18) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(19) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(20) A reference to the American National Standards Institute Standard ANSI B30.5-1968 in 29 CFR 1926.1433(a) means ANSI B30.5, “Mobile and Locomotive Cranes,” 1994 edition, which is adopted by reference in these rules. This standard is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website, http://global.ihs.com, at a cost as of the time of adoption of these rules of $119.00.

(21) A reference to the Power Crane and Shovel Association Standard PCSA Std.

No. 2 (1968) in 29 CFR 1926.1433(a) means PCSA No. 4, “Mobile Power Crane and Excavator and Hydraulic Crane Standards,” 1983 edition, which is adopted by reference in these rules. This standard is available from the Association of Equipment Manufacturers, 6737 West Washington Street, Suite 2400, Milwaukee, Wisconsin, 53214-5647, USA, telephone number: 1-414-272-0943 or via the internet at website, http://shop.aem.org, at no charge, as of the time of adoption of these rules.

(22) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(23) The standards adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(24) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 8. “Handling and Storage of Materials,” R 408.40801 to R 408.40841.

(b) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(c) Construction Safety Standard Part 26. “Steel Erection,” R 408.42601 to R 408.42656.

(d) Construction Safety Standard Part 28. “Personnel Hoisting in Steel Erection,” R 408.42801 to R 408.42809.

(e) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(f) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(g) Construction Safety and Health Standard Part 30. “Telecommunications for Construction,” R 408.43001 to R 408.43006.

(h) General Industry Safety and Health Standard Part 18. “Overhead and Gantry Cranes,” R 408.11801 to R 408.11875.

(i) General Industry Safety and Health Standard Part 86. “Electric Power Generation, Transmission, and Distribution,” R 408.18601 to R 408.18610.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2018 AACS; 2019 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

Mich. Admin. Code R 408.41001a Rescinded {#sec-r-408.41001a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41001a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2014 AACS; 2016 AACS.

Mich. Admin. Code R 408.41002a Rescinded {#sec-r-408.41002a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41002a}

History

• History: 1995 AACS; 2012 AACS.

Mich. Admin. Code R 408.41003 Rescinded {#sec-r-408.41003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41003a Rescinded {#sec-r-408.41003a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003a}

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41003b Rescinded {#sec-r-408.41003b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41003c Rescinded {#sec-r-408.41003c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41003d Rescinded {#sec-r-408.41003d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41003e Rescinded {#sec-r-408.41003e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41003e}

R 408.41003f. Rescinded.

History

• History: 2016 AACS; 2018 AACS.
• History: 1995 AACS; 2012 AACS; 2014 AACS; 2018 AACS.

Mich. Admin. Code R 408.41004a Rescinded {#sec-r-408.41004a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41004a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41005a Rescinded {#sec-r-408.41005a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41005a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41006 Rescinded {#sec-r-408.41006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41006a Rescinded {#sec-r-408.41006a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41006b Rescinded {#sec-r-408.41006b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41006c Rescinded {#sec-r-408.41006c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41006d Rescinded {#sec-r-408.41006d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41006e Rescinded {#sec-r-408.41006e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41006e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41007 Rescinded {#sec-r-408.41007 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41007}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41007a Rescinded {#sec-r-408.41007a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41007a}

History

• History: 1995 AACS; 2012 AACS.

Mich. Admin. Code R 408.41008a Rescinded {#sec-r-408.41008a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41008a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41009a Rescinded {#sec-r-408.41009a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41009a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41009b Rescinded {#sec-r-408.41009b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41009b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41010a Rescinded {#sec-r-408.41010a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41010a}

History

• History: 1995 AACS; 2012 AACS.

Mich. Admin. Code R 408.41011a Rescinded {#sec-r-408.41011a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41011a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41011b Rescinded {#sec-r-408.41011b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41011b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41011c Rescinded {#sec-r-408.41011c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41011c}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41011d Rescinded {#sec-r-408.41011d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41011d}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41011e Rescinded {#sec-r-408.41011e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41011e}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41012a Rescinded {#sec-r-408.41012a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41012a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41013a Rescinded {#sec-r-408.41013a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41013a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41014a Rescinded {#sec-r-408.41014a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41014a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41015a Rescinded {#sec-r-408.41015a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41015a}

History

• History: 1995 AACS; 1996 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41016a Rescinded {#sec-r-408.41016a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41016a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41016b Rescinded {#sec-r-408.41016b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41016b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41016c Rescinded {#sec-r-408.41016c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41016c}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41016d Rescinded {#sec-r-408.41016d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41016d}

History

• History: 2012 AACS; 2014 AACS; 2016 AACS.

Mich. Admin. Code R 408.41016e Rescinded {#sec-r-408.41016e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41016e}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41017a Rescinded {#sec-r-408.41017a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41017a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41018a Rescinded {#sec-r-408.41018a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41018a}

History

• History: 1995 AACS; 1996 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41019a Rescinded {#sec-r-408.41019a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41019a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41019b Rescinded {#sec-r-408.41019b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41019b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41019c Rescinded {#sec-r-408.41019c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41019c}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41020a Rescinded {#sec-r-408.41020a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41020a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41021a Rescinded {#sec-r-408.41021a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41021a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41021b Rescinded {#sec-r-408.41021b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41021b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41022a Rescinded {#sec-r-408.41022a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41022a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41023a Rescinded {#sec-r-408.41023a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41023a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41024a Rescinded {#sec-r-408.41024a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41024a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41025a Rescinded {#sec-r-408.41025a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41025a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41025b Rescinded {#sec-r-408.41025b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41025b}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41026a Rescinded {#sec-r-408.41026a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41026a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41027a Rescinded {#sec-r-408.41027a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41027a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41028a Rescinded {#sec-r-408.41028a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41028a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41029a Rescinded {#sec-r-408.41029a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41029a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41030a Rescinded {#sec-r-408.41030a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41030a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41031a Rescinded {#sec-r-408.41031a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41031a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41032a Rescinded {#sec-r-408.41032a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41032a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41033a Rescinded {#sec-r-408.41033a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41033a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41034a Rescinded {#sec-r-408.41034a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41034a}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41035 Rescinded {#sec-r-408.41035 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41035}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41035a Rescinded {#sec-r-408.41035a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41035a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41035b Rescinded {#sec-r-408.41035b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41035b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41035c Rescinded {#sec-r-408.41035c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41035c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41035d Rescinded {#sec-r-408.41035d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41035d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41036 Rescinded {#sec-r-408.41036 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41036}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41036a Rescinded {#sec-r-408.41036a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41036a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41036b Rescinded {#sec-r-408.41036b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41036b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41036c Rescinded {#sec-r-408.41036c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41036c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41036d Rescinded {#sec-r-408.41036d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41036d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037 Rescinded {#sec-r-408.41037 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037a Rescinded {#sec-r-408.41037a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037b Rescinded {#sec-r-408.41037b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037b}

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41037c Rescinded {#sec-r-408.41037c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037d Rescinded {#sec-r-408.41037d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037e Rescinded {#sec-r-408.41037e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41037f Rescinded {#sec-r-408.41037f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41037f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41038 Rescinded {#sec-r-408.41038 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41038}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41038a Rescinded {#sec-r-408.41038a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41038a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41038b Rescinded {#sec-r-408.41038b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41038b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41038c Rescinded {#sec-r-408.41038c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41038c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41039 Rescinded {#sec-r-408.41039 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41039}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41039a Rescinded {#sec-r-408.41039a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41039a}

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41039b Rescinded {#sec-r-408.41039b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41039b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41040 Rescinded {#sec-r-408.41040 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41040}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41041a Rescinded {#sec-r-408.41041a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41041a}

History

• History: 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41051a Rescinded {#sec-r-408.41051a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41051a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41052 Rescinded {#sec-r-408.41052 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41052}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41052a Rescinded {#sec-r-408.41052a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41052a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41052b Rescinded {#sec-r-408.41052b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41052b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053 Rescinded {#sec-r-408.41053 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053a Rescinded {#sec-r-408.41053a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053b Rescinded {#sec-r-408.41053b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053b}

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41053c Rescinded {#sec-r-408.41053c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053d Rescinded {#sec-r-408.41053d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053e Rescinded {#sec-r-408.41053e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053f Rescinded {#sec-r-408.41053f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41053g Rescinded {#sec-r-408.41053g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41053g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41054 Rescinded {#sec-r-408.41054 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41054}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41055 Rescinded {#sec-r-408.41055 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41055}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41055a Rescinded {#sec-r-408.41055a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41055a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41055b Rescinded {#sec-r-408.41055b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41055b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41055c Rescinded {#sec-r-408.41055c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41055c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056 Rescinded {#sec-r-408.41056 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056a Rescinded {#sec-r-408.41056a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056b Rescinded {#sec-r-408.41056b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056c Rescinded {#sec-r-408.41056c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056d Rescinded {#sec-r-408.41056d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056e Rescinded {#sec-r-408.41056e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056f Rescinded {#sec-r-408.41056f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056g Rescinded {#sec-r-408.41056g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056h Rescinded {#sec-r-408.41056h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056h}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41056i Rescinded {#sec-r-408.41056i omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41056i}

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41057 Rescinded {#sec-r-408.41057 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41057}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41058 Rescinded {#sec-r-408.41058 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41058}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41060 Rescinded {#sec-r-408.41060 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41060}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41060a Rescinded {#sec-r-408.41060a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41060a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41060b Rescinded {#sec-r-408.41060b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41060b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41060c Rescinded {#sec-r-408.41060c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41060c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061 Rescinded {#sec-r-408.41061 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061a Rescinded {#sec-r-408.41061a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061b Rescinded {#sec-r-408.41061b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061c Rescinded {#sec-r-408.41061c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061d Rescinded {#sec-r-408.41061d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061e Rescinded {#sec-r-408.41061e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061f Rescinded {#sec-r-408.41061f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41061g Rescinded {#sec-r-408.41061g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41061g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41062 Rescinded {#sec-r-408.41062 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41062}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41063 Rescinded {#sec-r-408.41063 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41063}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41064 Rescinded {#sec-r-408.41064 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41064}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41065a Rescinded {#sec-r-408.41065a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41065a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41066a Rescinded {#sec-r-408.41066a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41066a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41067a Rescinded {#sec-r-408.41067a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41067a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41068a Rescinded {#sec-r-408.41068a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41068a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41069a Rescinded {#sec-r-408.41069a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41069a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41070a Rescinded {#sec-r-408.41070a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41070a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41070b Rescinded {#sec-r-408.41070b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41070b}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41071a Rescinded {#sec-r-408.41071a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41071a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41072a Rescinded {#sec-r-408.41072a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41072a}

History

• History: 1995 AACS; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.41073a Rescinded {#sec-r-408.41073a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41073a}

History

• History: 1995 AACS; 2016 AACS.

Mich. Admin. Code R 408.41074a Rescinded {#sec-r-408.41074a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41074a}

History

• History: 1995 AACS; 2014 AACS; 2016 AACS.

Mich. Admin. Code R 408.41075a Rescinded {#sec-r-408.41075a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41075a}

History

• History: 1995 AACS; 2012 AACS; 2016 AACS.

Mich. Admin. Code R 408.41077a Rescinded {#sec-r-408.41077a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41077a}

History

• History: 1995 AACS; 1998-2000 AACS; 2012 AACS.

Mich. Admin. Code R 408.41080 Rescinded {#sec-r-408.41080 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080a Rescinded {#sec-r-408.41080a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080b Rescinded {#sec-r-408.41080b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080c Rescinded {#sec-r-408.41080c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080d Rescinded {#sec-r-408.41080d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080f Rescinded {#sec-r-408.41080f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080g Rescinded {#sec-r-408.41080g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080h Rescinded {#sec-r-408.41080h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080h}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080i Rescinded {#sec-r-408.41080i omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080i}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080j Rescinded {#sec-r-408.41080j omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080j}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080k Rescinded {#sec-r-408.41080k omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080k}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080l Rescinded {#sec-r-408.41080l omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080l}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080m Rescinded {#sec-r-408.41080m omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080m}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080n Rescinded {#sec-r-408.41080n omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080n}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41080o Rescinded {#sec-r-408.41080o omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41080o}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41081 Rescinded {#sec-r-408.41081 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41081}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082 Rescinded {#sec-r-408.41082 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082a Rescinded {#sec-r-408.41082a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082b Rescinded {#sec-r-408.41082b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082c Rescinded {#sec-r-408.41082c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082d Rescinded {#sec-r-408.41082d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082e Rescinded {#sec-r-408.41082e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082f Rescinded {#sec-r-408.41082f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41082g Rescinded {#sec-r-408.41082g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41082g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41083 Rescinded {#sec-r-408.41083 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41083}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084 Rescinded {#sec-r-408.41084 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084a Rescinded {#sec-r-408.41084a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084b Rescinded {#sec-r-408.41084b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084c Rescinded {#sec-r-408.41084c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084d Rescinded {#sec-r-408.41084d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084e Rescinded {#sec-r-408.41084e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41084f Rescinded {#sec-r-408.41084f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41084f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085 Rescinded {#sec-r-408.41085 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085a Rescinded {#sec-r-408.41085a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085b Rescinded {#sec-r-408.41085b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085c Rescinded {#sec-r-408.41085c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085d Rescinded {#sec-r-408.41085d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085e Rescinded {#sec-r-408.41085e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085f Rescinded {#sec-r-408.41085f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085g Rescinded {#sec-r-408.41085g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41085h Rescinded {#sec-r-408.41085h omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41085h}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086 Rescinded {#sec-r-408.41086 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086a Rescinded {#sec-r-408.41086a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086b Rescinded {#sec-r-408.41086b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086c Rescinded {#sec-r-408.41086c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086d Rescinded {#sec-r-408.41086d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086e Rescinded {#sec-r-408.41086e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086f Rescinded {#sec-r-408.41086f omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086f}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41086g Rescinded {#sec-r-408.41086g omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41086g}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41087 Rescinded {#sec-r-408.41087 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41087}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41088 Rescinded {#sec-r-408.41088 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41088}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41089 Rescinded {#sec-r-408.41089 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41089}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090 Rescinded {#sec-r-408.41090 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090a Rescinded {#sec-r-408.41090a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090a}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090b Rescinded {#sec-r-408.41090b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090b}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090c Rescinded {#sec-r-408.41090c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090c}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090d Rescinded {#sec-r-408.41090d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090d}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41090e Rescinded {#sec-r-408.41090e omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41090e}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41099a Rescinded {#sec-r-408.41099a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41099a}

History

• History: 1995 AACS; 2012 AACS.

R 408.41101 to R 408.41140 Part 11. Fixed and Portable Ladders

Mich. Admin. Code R 408.41101 Scope {#sec-r-408.41101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 11. FIXED AND PORTABLE LADDERS

Rule 1101. This part establishes minimum requirements for the construction, care, and training in the use of portable and fixed ladders for construction, alteration, or repair operations .

History

• History: 1979 AC; 1993 AACS .

Mich. Admin. Code R 408.41102 Rescinded {#sec-r-408.41102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41102}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41102a Adopted and referenced standards {#sec-r-408.41102a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41102a}

Rule 1102a. (1) The following American National Standard Institute (ANSI) standards are adopted by reference:

(a) ANSI standard A14.1 “Ladders – Wood Safety Requirements,” 1990 edition.

Cost: $36.00.

(b) ANSI standard A14.2 “Ladders – Portable Metal – Safety Requirements,” 1990 edition. Cost: $41.00.

(c) ANSI standard A14.3 “Ladders – Fixed – Safety Requirements,” 1984 edition.

Cost: $25.00.

(d) ANSI standard A14.5 “Ladders – Portable Reinforced Plastic – Safety Requirements,” 1982 edition with 1985 supplement. Cost: $42.00.

(2) The standards adopted in subrule (1) of this rule are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112, telephone number 1-800-854-7179, website: www.global.ihs.com, at the cost listed above.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(b) Construction Safety Standard Part 22. “Signals, Signs, Tags, and Barricades,”

R 408.42201 to R 408.42243.

(c) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(d) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

History

• History: 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.41103 Definitions; B to I {#sec-r-408.41103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41103}

Rule 1103. (1) "Brand" means marking by burning with a hot iron .

(2) "Cage," "cage guard," or "basket guard" means an enclosure that is fastened to the side rails of a fixed ladder or to the structure to encircle the climbing space of a ladder for the safety of a climber .

(3) "Cleats" means a ladder's crosspieces of rectangular cross section which are placed on edge and on which a person may step to ascend or descend .

(4) "Double-cleat ladder" means a ladder that is similar to a single-cleat ladder, but is wider and has an additional rail in the center that allows simultaneous 2way traffic (5) "Equivalent" means alternative designs, materials, or methods that will provide an equal or greater degree of safety for employees .

(6) "Extension ladder" means a non-self-supporting portable ladder that is adjustable in length. An extension ladder consists of 2 or more sections traveling in guides or brackets arranged to permit adjustment of the ladder's length. An extension ladder's size is designated by the sum of the lengths of the sections measured along the side rails .

(7) "Extension trestle ladder" means a self-supporting portable ladder which is adjustable in length, which consists of a trestle ladder base and a vertically adjustable single ladder, and which has suitable means for locking the ladders together. The size is designated by the length of the rail of the trestle ladder base .

(8) "Fixed ladder" means a ladder that is permanently attached to a structure, building, or equipment .

(9) "Grab bar" means a handhold that is placed adjacent to, or as an extension above, a ladder for the purpose of providing access beyond the limits of the ladder .

(10) "Individual rung ladder" means a fixed ladder that has each rung individually attached to a structure, building, or equipment .

History

• History: 1979 AC; 1990 AACS; 1993 AACS .

Mich. Admin. Code R 408.41104 Definitions; J to R {#sec-r-408.41104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41104}

Rule 1104. (1) "Job-built ladder" means a ladder, other than a manufactured ladder, that is usually built at the jobsite .

(2) "Ladder" means an appliance that usually consists of 2 side rails which are joined at regular intervals by crosspieces which are called steps, rungs, or cleats and on which a person may step to ascend or descend .

(3) "Ladder safety device" means a device, other than a cage or well, that is designed to eliminate or reduce the possibility of accidental falls .

(4) "Lower levels" means those levels to which an employee can fall from a ladder.

Such areas include ground levels, floors, ramps, runways, excavations, pits, water, and similar surfaces. The term does not include the surface from which the employee falls .

(5) "Manufactured ladder" means a commercially made ladder .

(6) "Maximum intended load" means the total load of all employees, equipment, tools, materials, transmitted loads, and other loads that are anticipated to be applied to a ladder compartment at any one time .

(7) "Pitch" means the included angle which is between the horizontal and the ladder and which is measured on the opposite side of the ladder from the climbing side .

(8) "Platform ladder" means a self-supporting type of fixed size stepladder that has a platform provided at the working level. The size is determined by the distance along the front rail from the platform to the base of the ladder .

(9) "Portable ladder" means a ladder which is not permanently fixed in place and which may be used at various locations .

(10) "Rail ladder" means a fixed ladder which consists of side rails that are joined at regular intervals by rungs or cleats and which is fastened along its entire length or in sections to a building, structure, or equipment .

(11) "Rungs" means a ladder's crosspieces of circular or oval cross section on which a person may step to ascend or descend .

History

• History: 1979 AC; 1993 AACS .

Mich. Admin. Code R 408.41105 Definitions; S to W {#sec-r-408.41105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41105}

Rule 1105. (1) "Safety feet" means a safety device that is placed on the foot of the side rails of straight, sectional, or extension ladders to reduce the likelihood that the base will slip. Safety feet may be flat pads that are covered with a nonslip material, pointed metal projections, or spur wheels.

(2) "Side-step ladder" means a ladder that requires an employee who is getting off at the top of the ladder to step sideways from the ladder to reach the landing.

(3) "Single-cleat ladder" means a ladder that consists of a pair of parallel side rails that are connected with cleats which are joined to the side rails at regular intervals.

(4) "Single-rail ladder" means a portable ladder that has rungs, cleats, or steps which are mounted on a single rail instead of the normal 2 rails that are used on most other ladders.

(5) "Special-purpose ladder" means a portable ladder that represents either a modification or a combination of design or construction features in 1 or more of the general purpose types of ladders, as defined in R 408.41103(5) and (6), R 408.41104(5) and (6), and subrules (4) and (6) of this rule, in order to adapt the ladder to special or specific uses.

(6) "Stepladder" means a self-supporting portable ladder that is nonadjustable in length and that has flat steps and a hinged back. A stepladder's size is measured along the front edge of the side rails.

(7) "Steps" means the flat crosspieces of a ladder on which a person may step to ascend or descend.

(8) "Through ladder" means a ladder that requires an employee who is getting off at the top of the ladder to step through the ladder to reach the landing.

(9) "Trestle ladder" means a self-supporting portable ladder which is nonadjustable in length and which consists of 2 sections that are hinged at the top to form equal angles with the base. The size of the ladder is designated by the length of the side rails measured along the front edge.

(10) "Well" means a permanent complete enclosure around a fixed ladder that protects a climber. Proper clearance for a well will give the same protection as a cage.

(11) "Worn" means a reduction of the dimension of a wood or non-wood part by more than 10% of its original size.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2014 AACS.

Mich. Admin. Code R 408.41111 Ladders {#sec-r-408.41111 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41111}

Rule 1111. (1) A manufactured portable wood ladder shall be constructed and maintained as prescribed in the ANSI standard A14.1 “Ladders – Wood Safety Requirements,” 1990 edition, as adopted in R 408.41102a.

(2) A manufactured portable metal ladder shall be constructed and maintained as prescribed in the ANSI standard A14.2 “Ladders – Portable Metal – Safety Requirements,” 1990 edition, as adopted in R 408.41102a.

(3) A manufactured portable plastic ladder shall be constructed and maintained as prescribed in the ANSI standard A14.5 “Ladders – Portable Reinforced Plastic – Safety Requirements,” 1982 edition with 1985 supplement, as adopted in R 408.41102a.

(4) Fixed ladders shall be constructed and maintained as prescribed in the ANSI standard A14.3 “Ladders – Fixed – Safety Requirements,” 1984 edition, as adopted in R 408.41102a.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41112 Training requirements {#sec-r-408.41112 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41112}

Rule 1112. (1) The employer shall provide a training program for each employee who uses a ladder. The program shall enable each employee to recognize hazards related to the ladder and shall train each employee in the procedures to be followed to minimize these hazards .

(2) An employer shall ensure that each employee has been trained by a competent person in all of the following areas, as applicable: (a) The nature of fall hazards in the work area .

(b) The correct procedures for erecting, maintaining, and disassembling the fall protection systems to be used .

(c) The proper construction, use, and placement of, and care in handling, ladders .

(d) The maximum intended load-carrying capacities of ladders that are used .

(e) The rules contained in this part .

(3) Retraining shall be provided for each employee as necessary so that the employee maintains the understanding and knowledge acquired through compliance with these rules .

History

• History: 1993 AACS.

Mich. Admin. Code R 408.41113 General requirements {#sec-r-408.41113 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41113}

Rule 1113. (1) A ladder shall be provided at all personnel points of access if there is a break in elevation of 19 inches (48 cm) or more and if a ramp, runway, sloped embankment, stairway, or personnel hoist is not provided.

(2) When a building or structure has only 1 point of access between levels, that point of access shall be kept clear to permit the free passage of employees. When work must be performed or equipment must be used, that restricts the free passage of employees at the point of access, an employer shall provide a second point of access and the access must be used.

(3) When a building or structure has 2 or more points of access between levels, the employer shall ensure at least 1 point of access is kept clear to permit the free passage of employees.

(4) Employers shall provide and install all ladder fall protection systems that are required by this part and shall comply with all other pertinent requirements of this part before employees begin the work that necessitates the installation and use of ladders and their respective fall protection systems.

(5) Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when a ladder is in position for use.

(6) Rungs, cleats, and steps of portable ladders, except as provided in subrules (7) and (8) of this rule, and fixed ladders shall be spaced not less than 10 inches (25 cm) apart and not more than 14 inches (36 cm) apart, as measured between the center lines of the rungs, cleats, and steps .

(7) Rungs, cleats, and steps of step stools shall be not less than 8 inches (20 cm) apart and not more than 12 inches (31 cm) apart, as measured between center lines of the rungs, cleats, and steps.

(8) Rungs, cleats, and steps of the base section of extension trestle ladders shall be not less than 8 inches (20 cm), nor more than 18 inches (46 cm), apart, as measured between center lines of the rungs, cleats, and steps. The rung spacing on the extension section of the extension trestle ladder shall be not less than 6 inches (15 cm), nor more than 12 inches (31 cm), as measured between center lines of the rungs, cleats, and steps.

(9) The minimum clear distance between the sides of individual rung-type stepladders and the minimum clear distance between the side rails of other fixed ladders shall be 16 inches (41 cm).

(10) The minimum clear distance between side rails for all portable ladders shall be 11 1/2 inches (29 cm).

(11) The rungs of individual rung-type stepladders shall be shaped so that an employee's feet cannot slide off the end of the rungs. See figure 1.

FIGURE 1

SUGGESTED DESIGN FOR RUNGS ON INDIVIDUAL RUNG LADDERS

(12) The rungs and steps of fixed metal ladders that are manufactured after January 14, 1991, shall be corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize slipping.

(13) The rungs of steps of portable metal ladders shall be corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize slipping.

(14) Except when portable ladders are used to gain access to fixed ladders, such as ladders on utility towers, billboards, and other structures where the bottom of the fixed ladder is elevated to limit access, when 2 or more separate ladders are used to reach an elevated work area, the ladder shall be offset with a platform or landing between the ladders.

(15) Ladder components shall be surfaced in a manner that prevents employee injury due to punctures or lacerations and prevents the snagging of clothing.

History

• History: 1993 AACS; 2014 AACS.

Mich. Admin. Code R 408.41115 Rescinded {#sec-r-408.41115 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41115}

History

• History: 1993 AACS; 2013 AACS.

Mich. Admin. Code R 408.41121 Inspection; faults and defects {#sec-r-408.41121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41121}

Rule 1121. (1) A ladder, as prescribed in this part, shall be used to provide safe access to all elevations, unless other means, such as steps, stairs, ramps, runways, or elevators, are provided.

(2) A ladder shall be inspected before use and after it has fallen or been involved in an accident to determine its condition.

(3) A ladder that has any of the following faults and defects shall be immediately tagged "DANGEROUS - DO NOT USE" and shall be withdrawn from service:

(a) Broken, worn, or missing rungs, cleats, or steps.

(b) Broken or split side rails.

(c) Broken or bent guides or iron spreaders.

(d) Broken or bent locks.

The tag shall be as prescribed in Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41102a.

(4) Fixed ladders that have structural defects, such as broken or split rails or corroded components, shall be withdrawn from service until repaired. The requirement to withdraw a defective ladder from service is satisfied if 1 of the following provisions is complied with:

(a) The ladder is immediately tagged with the words "do not use" or similar language.

(b) The ladder is marked in a manner that readily identifies it as defective.

(c) The ladder is blocked, such as with a plywood attachment that spans several rungs.

(5) Ladder repairs shall restore the ladder to a condition that meets its original design criteria before the ladder is returned to use.

R 408.41122. Use generally.

Rule 1122. (1) A ladder shall not be placed in a passageway, doorway, driveway, or any location where it may be displaced, unless it is protected by barricades or guards or is secured to prevent displacement.

(2) A ladder shall be placed on a substantial and stable base unless it is secured to prevent accidental displacement. The area around the top and bottom of the ladder shall be kept clear.

(3) A ladder shall not be used as a brace, slide, guy, gin pole, or gangway or for any other use than that for which it is designed.

(4) An employee shall face the ladder when ascending or descending. Each employee shall use at least 1 hand to grasp the ladder when progressing up or down the ladder. An employee shall not carry any object or load that could cause the employee to lose balance and fall.

(5) An employee who is on a ladder shall not overreach or do any pushing or pulling that may cause the ladder to move or topple. If both of an employee’s shoulders are outside of a side rail, the employee is overreaching.

(6) A ladder shall be located and maintained to prevent an employee from bumping into, or snagging onto, projecting objects while ascending or descending the ladder.

(7) A ladder shall not be loaded beyond its load-carrying capacity.

(8) A ladder shall not be moved, shifted, or extended while occupied by an employee.

(9) Single-rail ladders shall not be used.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2014 AACS.
• History: 1979 AC; 1990 AACS; 1993 AACS; 2013 AACS.

Mich. Admin. Code R 408.41123 Rescinded {#sec-r-408.41123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41123}

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41124 Portable ladders {#sec-r-408.41124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41124}

Rule 1124. (1) A portable ladder must be used at such a pitch that the horizontal projected distance from the top support to the base is not more than 1/4 of the vertical distance between these points.

(2) A portable ladder in use shall be equipped with appropriate safety feet, unless the ladder is tied, blocked, or otherwise secured to prevent it from being displaced.

Slip-resistant feet must not be used as a substitute for care in placing, lashing, or holding a ladder that is used upon slippery surfaces, including flat metal or concrete surfaces that are constructed so that they cannot be prevented from becoming slippery.

(3) A portable ladder that is used at such a pitch that the horizontal projected distance from the top support to the base is less than 1/5 of the vertical distance between these points shall be secured at the top to prevent tipping backward.

(4) A portable ladder that is used at a pitch of 80 degrees or more shall be in compliance with the requirements of a fixed ladder as prescribed in General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.41102a.

(5) When portable ladders are used for access to an upper landing surface, the ladder side rails must extend not less than 3 feet (0.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder’s length, then the ladder must be secured at its top to rigid support that will not deflect and a grasping device, such as a grab-rail, shall be provided to assist employees in mounting and dismounting the ladder. The side rails shall not extend in a manner that would permit ladder deflection under a load, by itself, to cause the ladder to slip off its support. The top of a non-self-supporting ladder shall be placed with the 2 rails supported equally, unless the ladder is equipped with a single support attachment.

(6) A manufactured portable metal ladder shall not be used for electrical work or where the ladder or an employee may contact electrical conductors.

A ladder shall have nonconductive side-rails if the ladder is used where the employee or the ladder could contact exposed energized electrical equipment, except as provided in Construction Safety Standard Part 16. “Power Transmission and Distribution,” as referenced in R 408.41102a.

(7) A metal ladder must not be used or moved unless a minimum of 20 feet is maintained between power transmission or distribution lines.

(8) A power transmission or distribution line or electrical apparatus must be considered energized unless the property owner or utility indicates it is de-energized and the line or apparatus is visibly grounded. Where de-energizing is impractical, the minimum clearances set forth in table 1 shall be maintained between the ladder, employee, or material, whichever is closer.

(9) Table 1 reads as follows:

TABLE 1

VOLTAGE MINIMUM CLEARANCE

To 50 kV 10 feet Over 50 kV 10 feet plus .4 inch per kV (10) An employee who is using a portable ladder shall not stand on the top 2 rungs or within 3 feet of the top of the ladder.

(11) Two portable ladders must not be spliced together to provide long sections unless such ladders are specifically designed for such use.

(12) A portable 2-section extension ladder must be erected so that the top section rests on the base section. The top section must be the section nearest to the climber.

(13) A non-self-supporting ladder must be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately 1/4 of the working length of the ladder that is the distance along the ladder between the foot and the top support.

(14) A fixed ladder must be used at a pitch of not more than 90 degrees from the horizontal, as measured to the back side of the ladder.

(15) An employer shall ensure that each self-supporting portable ladder complies with all of the following:

(a) A ladder must sustain at least 4 times the maximum intended load, except that each extra-heavy-duty type 1A metal or plastic ladder must sustain at least 3.3 times the maximum intended load.

(b) The ability of a ladder to sustain the loads indicated in this rule is determined by applying or transmitting the requisite load to the ladder in a downward vertical direction.

(c) Ladders built and tested in conformance with the applicable provisions of R 408.41111, are deemed to meet this requirement.

See figure 5.

History

• History: 1979 AC; 1990 AACS; 1993 AACS; 2013 AACS; 2014 AACS; 2019 AACS.

Mich. Admin. Code R 408.41125 Rescinded {#sec-r-408.41125 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41125}

R 408.41126. Use of stepladders.

Rule 1126. (1) An employee shall not use the backside of a stepladder for climbing, unless the stepladder is designed for such use.

(2) Unless the stepladder is equipped with a handrail, the top step and cap shall not be used to stand on.

(3) A stepladder shall not be used as a straight ladder by leaning it against a wall or other support.

(4) A metal spreader or locking device shall be provided on each stepladder to hold the front and back sections in an open position when the ladder is being used. The ladder shall be opened fully and the spreaders shall be locked while in use.

History

• History: 1979 AC; 1993 AACS; 2013 AACS.
• History: 1979 AC; 1993 AACS; 2013 AACS.

Mich. Admin. Code R 408.41127 Single and double-cleat ladders generally {#sec-r-408.41127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41127}

Rule 1127. (1) A job-built ladder shall not be more than 24 feet in length. If the length of a required job-built ladder would be more than the maximum length, 2 or more separate ladders shall be used and shall be offset with a platform between each ladder that is not supported by the ladders. Ladders used with a platform shall be secured at the top and bottom.

(2) The platform shall be designed to support 4 times the intended load. Guardrails and toeboards, as prescribed in Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.41102a, shall be erected on the exposed sides of the platform. Rails shall extend above the top landing at least 36 inches but not more than 42 inches to provide a handhold for mounting and dismounting, and cleats shall be eliminated above the landing level. When 2 or more separate job-built ladders are used with a platform, the ladders shall be completely offset from each other and the minimum horizontal distance between adjacent side rails shall be 6 inches.

(3) Side rails of a job-built ladder shall be continuous.

(4) Each cleat of a job-built ladder shall be a continuous member.

(5) A wood cleat shall be not less than nominal 1-inch by 4-inch construction grade lumber for a cleat less than 20 inches in length and not less than nominal 2-inch by 4inch construction grade lumber for a cleat from 20 inches to 50 inches in length. Knotfree lumber shall be used for cleats.

(6) The cleats shall be uniformly spaced 12 inches top to top. A cleat shall be attached to the narrow face of each side rail using 2 10-d nails for nominal 1-inch by 4inch cleats or 2 16-d nails for 2-inch by 4-inch cleats .

(7) Filler blocks shall be used on the rails between cleats. Filler blocks of the same thickness as the cleats shall be inserted between cleats and butted tightly against the underside of each cleat.

(8) Side rails shall not be cut into house cleats.

History

• History: 1979 AC; 1990 AACS; 1996 AACS; 2015 AACS.

Mich. Admin. Code R 408.41128 Single-cleat ladders; width; side rails {#sec-r-408.41128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41128}

Rule 1128. (1) The width of a single-cleat ladder shall be not less than 16 inches or more than 20 inches between rails. Side rails shall be parallel .

(2) Side rails of a single-cleat ladder shall be not less than nominal 2-inch by 4inch construction grade lumber for ladders less than 16 feet in length and not less than nominal 2-inch by 6-inch construction grade lumber for ladders from 16 feet to 24 feet in length .

History

• History: 1979 AC; 1990 AACS .

Mich. Admin. Code R 408.41129 Double-cleat ladders; width; additional rail; side rails {#sec-r-408.41129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41129}

Rule 1129. (1) The width between outside rails of a double-cleat ladder shall be not less than 38 inches or more than 46 inches .

(2) A double-cleat ladder shall have an additional rail located at the center of the ladder (3) The side rails and middle rail for a double-cleat ladder shall be not less than nominal 2-inch by 4-inch construction grade lumber for double-cleat ladders less than 12 feet in length and not less than nominal 2-inch by 6-inch construction grade lumber for a double-cleat ladder from 12 feet to 24 feet in length .

(4) The side rails of a double-cleat ladder shall be secured at the bottom and as close as possible to the top to prevent moving or toppling .

History

• History: 1990 AACS .

Mich. Admin. Code R 408.41130 Rescinded {#sec-r-408.41130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41130}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.41131 Rescinded {#sec-r-408.41131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41131}

R 408.41132. Maintenance.

Rule 1132. (1) A ladder shall be maintained free of slip-enhancing hazards and in good working condition.

(2) A ladder shall not be painted with an opaque material. A ladder, particularly one used out-of-doors should be coated with a suitable transparent protective material to retard splintering caused by weathering.

(3) The side rails and legs of a ladder shall be kept free from splinters. The joint between the side rail and step shall be kept tight and metal hardware and fittings secured.

(4) A ladder surface shall be free of puncture or laceration hazards.

R 408.41133. Special-purpose ladders.

Rule 1133. (1) A special-purpose ladder may be capable of being used as a step ladder, a single or extension ladder, or a trestle ladder.

(2) A special-purpose ladder, when used as any of the types of ladders listed in subrule (1) of this rule, shall meet the requirements of the applicable rules of this part.

(3) A special-purpose ladder may be used by more than 1 employee if specifically designed for that purpose.

History

• History: 1979 AC; 1990 AACS; 2013 AACS.
• History: 1990 AACS; 2013 AACS.
• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.41140 Fixed ladders {#sec-r-408.41140 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41140}

Rule 1140. A fixed ladder must be as prescribed in General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.41102a.

History

• History: 1990 AACS; 2013 AACS; 2014 AACS; 2019 AACS.

R 408.41201 to R 408.41264 Part 12. Scaffolds and Scaffold Platforms

Mich. Admin. Code R 408.41201 Scope, adoption, and availability of standards {#sec-r-408.41201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)

PART 12. SCAFFOLDS AND SCAFFOLD PLATFORMS

Rule 1201. (1) These rules apply to scaffolds and scaffold platforms used in construction operations. The equipment may be commercially manufactured or job-built.

(2) These rules do not apply to crane or derrick suspended personnel platforms as prescribed in Construction Safety and Health Standard Part 10. “Cranes and Derricks” and Construction Safety Standard Part 32. “Aerial Work Platforms.”

(3) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 CFR 1926.450 “Scope, application and definitions applicable to this subpart,” as amended August 9, 2010.

(b) 29 CFR 1926.451 “General requirements,” as amended November 25, 1996, except 29 CFR 1926.451(c)(2) to (iii) is replaced with R 408.41210(2) in these rules.

(c) 29 CFR 1926.452 “Additional requirements applicable to specific types of scaffolds,” as amended August 30, 1996.

(d) 29 CFR 1926.454 “Training requirements,” as amended August 30, 1996.

(e) 29 CFR part 1926, subpart L, appendix A “Scaffold Specifications,” as amended August 7, 2012.

(f) 29 CFR part 1926, subpart L, appendix D “List of Training Topics for Scaffold Erectors and Dismantlers,” as amended August 30, 1996.

(g) 29 CFR part 1926, subpart L, appendix E “Drawings and Illustrations,” as amended November 25, 1996.

(4) A reference to 29 CFR 1926.21 means Construction Safety Standard Part 1.

“General Rules.”

(5) A reference to 29 CFR 1926.453 means Construction Safety Standard Part 32.

“Aerial Work Platforms.”

(6) A reference to 29 CFR 1926.502 means Construction Safety Standard Part 45.

“Fall Protection.”

(7) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(8) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

(9) The American National Standards Institute Standard ANSI A10.8 “Scaffolding Safety Requirements,” 1977 edition, is adopted in these rules. This standard is available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at the company's website, http://global.ihs.com, at a cost as of the time of adoption of these rules of $25.00.

(10) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The standards adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(12) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater then 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(c) Construction Safety and Health Standard Part 10. “Cranes and Derricks,”

R 408.41001 to R 408.41099a.

(d) Construction Safety Standard Part 11. “Fixed and Portable Ladders,”

R 408.41101 to R 408.41140.

(e) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(f) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(g) Construction Safety Standard Part 21. “Guarding of Walking and Working Areas,” R 408.42101 to R 408.42160.

(h) Construction Safety and Health Standard Part 30. “Telecommunications for Construction,” R 408.43001 to R 408.43006.

(i) Construction Safety Standard Part 32. “Aerial Work Platform,” R 408.43201 to R 408.43220.

(j) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41202 Rescinded {#sec-r-408.41202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41202}

History

• History: 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41203 Rescinded {#sec-r-408.41203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41203}

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41204 Rescinded {#sec-r-408.41204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41204}

History

• History: 1981 AACS; 1990 AACS; 1997 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41205 Rescinded {#sec-r-408.41205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41205}

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41206 Rescinded {#sec-r-408.41206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41206}

History

• History: 1981 AACS; 1997 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41207 Rescinded {#sec-r-408.41207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41207}

History

• History: 1981 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41208 Rescinded {#sec-r-408.41208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41208}

History

• History: 1981 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41209 Rescinded {#sec-r-408.41209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41209}

History

• History: 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41210 Construction and capacity generally {#sec-r-408.41210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41210}

Rule 1210. (1) A scaffold shall be designed, constructed, erected, and used pursuant to the provisions of these rules, 29 CFR 1926.451 and 29 CFR 1926.452, as adopted by reference in R 408.41201. A scaffold shall be designed by a qualified person.

(2) The support for a scaffold shall be sound, rigid, and capable of carrying the maximum intended load without settling or displacement. Leveling jack adjusting screws, when used, shall not extend more than 18 inches below the base of the scaffold. Unstable objects, such as barrels, boxes, pallets, brick, or concrete blocks, shall not be used to support a scaffold or work platform. Scaffold poles, legs, posts, frames, and uprights shall bear on base plates, along with mudsills or other adequate support.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41211 Access to scaffold platforms {#sec-r-408.41211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41211}

Rule 1211. (1) Access to a scaffold platform shall be provided by 1 or more of the following:

(a) A ladder that conforms to Construction Safety Standard Part 11. “Fixed and Portable Ladders,” as referenced in R 408.41201.

(b) Hook-on or attachable metal ladders that are specifically designed for use in construction with manufactured types of scaffolds. If hook-on or attachable metal ladders are used as access to, or egress from, a work platform that is more than 35 feet above the ground or floor level, then a ladder safety device shall be installed or the ladders shall be offset with landing platforms and guardrails that are installed at not more than 35-foot intervals.

(c) Step or hook-on, stair-type accessories that are specifically designed for use with appropriate types of scaffolds.

(d) Direct access from an adjacent scaffold, the structure, or personnel hoist. The direct access to or from another surface shall be used only when the scaffold is not more than 14 inches (36 cm) horizontally and not more than 24 inches (61 cm) vertically from the other surface.

(e) A ramp, runway, or stairway that conforms to Construction Safety Standard Part 21. “Guarding of Walking and Working Areas,” as referenced in R 408.41201.

(2) The intermediate horizontal members of the frame of a manufactured tubular welded frame scaffold may be used instead of a ladder or stairway for access to, and egress from, the work platform, if all of the following conditions are met:

(a) All the frames and component parts are compatible in design.

(b) The intermediate horizontal members of a frame are a minimum of 11 1/2 inches in length.

(c) The horizontal members of each frame shall be uniformly spaced and shall not be more than 18 inches center to center vertically.

(d) When frames are connected vertically to one another, the distance between the bottom horizontal member of the upper end frame and the top horizontal member of the lower end frame shall be within 3 inches of the uniform spacing of the horizontal members of each frame.

(e) The elevation to the lowest horizontal member of the bottom frame shall not be more than 24 inches from the ground or floor.

(f) Each horizontal member shall be capable of supporting 300 pounds applied at its midpoint without bending or cracking.

(g) Each horizontal member shall be inspected for, and found free of, cracks, bends, or bad welds. Cracks, bends, or bad welds shall be corrected.

(h) Only 1 employee at a time shall use a horizontal member of a frame as access to, or egress from, the workstation.

(i) Cross braces shall not be used as a means of access.

(3) The guardrail system located on the side where horizontal members of the scaffold frame are used for access to, or egress from, a work platform shall be constructed as follows:

(a) The intermediate rail shall be omitted between the corner posts at the access location.

(b) The top rail shall be continuous between posts. A scaffold and its components shall be capable of supporting, without failure, not less than 4 times the maximum intended load.

(4) If horizontal members of scaffold frames are used as access to, or egress from, a work platform which is more than 35 feet above ground or floor level, a ladder safety device shall be installed and used or the horizontal members shall be offset with landing platforms and guardrails that are installed at not more than 30-foot intervals.

(5) Steps and rungs of ladder and stairway-type access shall line up vertically with each other between rest platforms.

(6) All of the following provisions apply to erecting or dismantling a scaffold:

(a) An employer shall provide a safe means of access for each employee erecting or dismantling a scaffold if providing safe access is feasible and does not create a greater hazard. The employer shall have a competent person determine whether it is feasible or would pose a greater hazard to provide, and have employees use, a safe means of access.

The determination shall be based on site conditions and the type of scaffold being erected or dismantled.

(b) Hook-on or attachable ladders shall be installed as soon as scaffold erection has progressed to a point that permits safe installation and use.

(c) When erecting or dismantling tubular welded frame scaffolds, endframes, that have horizontal members which are parallel, level, and not more than 22 inches apart vertically as climbing devices for access, the employer shall ensure that the tubular welded frame scaffolds are erected in a manner that creates a usable ladder and provides a good handhold and foot space.

(d) Cross braces on tubular welded frame scaffolds shall not be used as a means of access or egress.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41212 Accumulation of tools, material, or debris prohibited; weather conditions; slippery conditions; electrical hazards; rope protection; fall protection {#sec-r-408.41212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41212}

Rule 1212. (1) Excess tools, materials, and debris shall not be permitted to accumulate on a scaffold to create a hazard.

(2) Work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for employees to be on a scaffold and that the employees are protected by a personal fall arrest system. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed.

(3) A scaffold shall be kept free of slippery conditions such as those caused by ice, snow, oil, grease, or other slippery compounds.

(4) An employee shall not be allowed within 10 feet of uninsulated electrical energized lines.

(5) Before a scaffold is erected within 10 feet of a power line all of the following requirements shall be met, as applicable:

(a) The utility or property owner is consulted.

(b) A power line or electrical apparatus is considered energized unless the property owner or utility indicates it is de-energized and the line or apparatus is visibly grounded.

If de-energizing is impractical and the equipment is exposed to contact by an employee, the minimum clearances in table 1 shall be maintained between the scaffold, employee, or material, whichever is closer.

(c) The requirements for employees performing power transmission and distribution work, electrical work, or telecommunications work are found in Construction Safety Standard Part 16. “Power Transmission and Distribution,” Construction Safety Standard Part 17. “Electrical Installations,” and in Construction Safety and Health Standard Part 30. “Telecommunications for Constructions,” as referenced in R 408.41201.

(6) Table 1 reads as follows:

TABLE 1

INSULATED LINES

VOLTAGE

MINIMUM

DISTANCE

ALTERNATIVES

Less than 300 volts 3 feet (0.9 meters) 300 volts to 50 kilovolts 10 feet (3.1 meters)

More than 50 kilovolts 10 feet (3.1 meters) plus 0.4 inches (1.0 centimeter) for each kilovolt over 50 kilovolts 2 times the length of the line insulator, but not less than 10 feet (3.1 meters)

UNINSULATED LINES

VOLTAGE

MINIMUM

DISTANCE

ALTERNATIVES

Less than 50 kilovolts 10 feet (3.1 meters)

More than 50 kilovolts 10 feet (3.1 meters)

Plus 0.4 inches (1.0 centimeter) for each kilovolt over 50 kilovolts 2 times the length of the line insulator, but not less than 10 feet (3.1 meters)

(7) Welding, burning, riveting, or open flame work shall not be performed within 10 feet of fiber or synthetic rope that is used to suspend a scaffold, unless the rope is protected from sparks, flame, or hot metal. Only treated or protected fiber or synthetic ropes shall be used for or near any work that involves the use of corrosive substances or chemicals.

(8) A suspension rope, including connecting hardware, used on nonadjustable or adjustable suspension scaffolds shall be capable of supporting, without failure, not less than 6 times the maximum intended load applied or transmitted to the rope.

(9) If personal fall arrest systems are required by these rules for the protection of employees, then the arrest system equipment shall be as prescribed in Construction Safety Standard Part 45. “Fall Protection,” as referenced in R 408.41201.

(10) To reduce the possibility of welding current arcing through the suspension wire rope when performing welding from suspended scaffolds, a welder shall take the following precautions, as applicable:

(a) An insulated thimble shall be used to attach each suspension wire rope to its hanging support, such as a cornice hook or outrigger. Excess suspension wire rope and any additional independent lines from grounding shall be insulated.

(b) The suspension wire rope shall be covered with insulating material extending not less than 4 feet (1.2 meters) above the hoist. If there is a tail line below the hoist, it shall be insulated to prevent contact with the platform. The position of the tail line that hangs free below the scaffold shall be guided or retained, or both, so that it does not become grounded.

(c) Each hoist shall be covered with insulated protective covers.

(d) In addition to a work lead attachment required by the welding process, a grounding conductor shall be connected from the scaffold to the structure. The size of the conductor shall be at least the size of the welding process work lead, and the conductor shall not be in series with the welding process or the workpiece.

(e) If the scaffold grounding lead is disconnected, the welding machine shall be shut off.

(f) An active welding rod or uninsulated welding lead shall not be allowed to contact the scaffold or its suspension system.

History

• History: 1981 AACS; 1990 AACS; 1996 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41213 Guardrails; fall arrest devices {#sec-r-408.41213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41213}

Rule 1213. (1) A guardrail shall be installed on any open side or end of a scaffold work platform that is 10 feet (3.1 meters) or more above the floor or ground, except for any of the following:

(a) A boatswain’s chair.

(b) A catenary scaffold.

(c) A float scaffold.

(d) A ladder jack scaffold.

(e) A needle beam scaffold.

The guardrail shall be as prescribed in Construction Safety Standard Part 21.

“Guarding of Walking and Working Areas,” as referenced in R 408.41201.

(2) An employee on a boatswain’s chair, catenary scaffold, float scaffold, needle beam scaffold, or ladder jack scaffold shall be protected by a personal fall arrest system.

An employee on a single-point or 2-point adjustable suspension scaffold shall be protected by both a personal fall arrest system and guardrail system.

(3) A personal fall arrest device as prescribed in Construction Safety Standard Part 45. “Fall Protection,” as referenced in R 408.41201, shall be worn and attached to a substantial portion of a scaffold when the work platform of an adjustable suspension scaffold with overhead protection is 10 feet (3.1 meters) or more above the floor, water, or ground. Separate safety lines shall be attached to a substantial portion of the structure above and to the scaffold by an approved fall prevention device to prevent the scaffold from falling more than 12 inches if the scaffold suspension system fails.

(4) A top rail or an intermediate rail may be eliminated if the configuration of the scaffold and the material deck provides equivalent protection to prevent an employee falling from the platform or if a personal fall arrest device is worn.

(5) A cross brace may be used as part of the guardrail system as follows:

(a) If the pivot point occurs from 36 inches to 48 inches above the platform, then a midrail shall be added midway between the platform and the brace pivot point.

(b) If the pivot point occurs from 18 inches above the platform, then a top rail shall be added.

(c) If the pivot point occurs less than 18 inches or more than 48 inches above the platform, then both a top rail and midrail shall be provided.

(6) An employer shall have a competent person determine the feasibility and safety of providing fall protection for employees erecting or dismantling supported scaffolds.

An employer shall provide fall protection for employees erecting or dismantling supported scaffolds where the installation and use of the protection is feasible and does not create a greater hazard.

(7) If vertical lifelines are used, then they shall be fastened to a fixed safe point of anchorage and shall be protected from sharp edges and abrasion. Safe points of anchorage include structural members of buildings, but do not include any of the following:

(a) Standpipes.

(b) Vents.

(c) Other piping systems.

(d) Electrical conduit.

(e) Outrigger beams.

(f) Counterweights.

(8) If horizontal lifelines are used, they shall be secured to 2 or more structural members of the scaffold or may be looped around both suspension and independent support lines equal in number to the number of points supported and equivalent in strength to the strength of the suspension ropes. Independent support lines and suspension ropes shall not be attached to the same points of anchorage

History

• History: 1981 AACS; 1990 AACS; 1996 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41214 Hoisting machines generally {#sec-r-408.41214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41214}

Rule 1214. (1) A hoisting machine shall carry a label of an approved nationally recognized testing laboratory, such as underwriters laboratories or factory mutual engineering corporation, which states that the machine is approved for use on a suspension scaffold, swinging scaffold, or powered mobile elevating platform.

(2) If wire rope is used to suspend an adjustable scaffold, then the rope shall be in compliance with all of the following requirements.

(a) Have the fixed end equipped with a proper size thimble and attached to the upper support member.

(b) Have the running rope securely attached to the hoisting drum and have not less than 4 wraps of the rope remain on the drum at all times.

(c) When other types of hoists are used, either the suspension ropes shall be long enough to allow the scaffold to be lowered to the level below without the rope end passing through the hoist or the rope end shall be configured or provided with means to prevent the end from passing through the hoist.

(3) A hoisting machine shall be inspected daily when in use and shall not be put in service unless it is free of defects which would affect the operation of the machine.

(4) The stall load of any scaffold hoist shall not be more than 3 times its rated load.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.41215 Rescinded {#sec-r-408.41215 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41215}

History

• History: 1981 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.41216 Manually powered hoisting machines {#sec-r-408.41216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41216}

Rule 1216. (1) A manually powered hoisting device shall be equipped with a positive locking device.

(2) A manually powered machine shall be designed to prevent freespooling of the cable drum.

History

• History: 1981 AACS.

Mich. Admin. Code R 408.41217 Planking and scaffold platforms generally {#sec-r-408.41217 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41217}

Rule 1217. (1) If wood planks are used for a work platform, then the planks shall be scaffold-grade lumber that has a minimum of 1,500 pounds per square inch fiber stress value. The planks shall be not less than 2 inches by 10 inches. The platform shall consist of a minimum of 2 planks laid side by side. Each platform on all working levels of scaffolds shall be fully planked or decked between uprights where practicable. Spaces between the platform and the uprights shall not be more than 9 1/2 inches. The maximum permissible spans for 2- by 10-inch or wider planks are as follows:

Material full thickness undressed lumber Material nominal thickness lumber Working load (per square foot)

Permissible span (feet) 8 7 6 8 7 6 4 (2) Wood scaffold planks, laminated planks, manufactured work platforms, and picks that are found to be defective shall be removed from service and shall not be used.

(3) A manufactured pick shall be permanently marked or tagged to indicate the maximum working load and shall not be less than 14 inches wide when used in single width, except that a ladder jack scaffold may be used with a minimum 12-inch manufactured pick.

(4) Platform planks shall be laid with their edges together so the platform is tight and does not have spaces through which tools or fragments of materials can fall.

(5) Planking shall comply with all of the following provisions:

(a) Extend over the end bearer not less than 6 inches, but not more than 12 inches.

(b) Be cleated or otherwise fastened to prevent shifting and be uniform in thickness, except where lapped as prescribed in subrule (8) of this rule.

(c) Where 16-foot planks are used as prescribed in subrule (7) of this rule, tie downs are not required unless wind uplift may occur.

(6) Hook-on-type manufactured work platforms may be used if they are secured to the bearer.

(7) Where planks are lapped, each plank shall lap its bearer not less than 6 inches, which will provide a minimum overlap of 12 inches.

(8) Where a scaffold turns a corner, the planks shall be laid to prevent tipping. The planks that meet the corner bearer at an angle shall be laid first and shall extend over the diagonally placed bearer far enough to have a good bearing, but not far enough to tip. The planks that run in the different direction shall be laid so as to extend over the rest on the first layer of planks.

(9) When moving a platform to the next level, an employee shall leave the old platform undisturbed until the new platform supports have been set in place and are ready to receive the platform planks.

(10) A platform shall not deflect more than 1/60 of the span when loaded.

(11) A wood platform shall not be covered with opaque finishes, except that platform edges may be covered or marked for identification. A platform may be coated periodically with wood preservatives, fire-retardant finishes, and slip-resistant finishes; however, the coating may not obscure the top or bottom wood surfaces.

(12) The front of a platform shall be not more than 14 inches from the face of the work unless a guardrail system is erected along the front edge, or unless a personal fall arrest system is used pursuant to Construction Safety Standard Part 45. “Fall Protection,” as referenced in R 408.41201, except that the maximum distance from the face of the work for plastering and lathing operations shall be not more than 18 inches.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41218 Plywood scaffold platforms {#sec-r-408.41218 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41218}

Rule 1218. (1) If plywood is used as a work platform, the plywood shall be supported by 2- by 10-inch planks. The planks shall support 2 parallel edges of the plywood and shall also be spaced not more than 24 inches center to center.

(2) The plywood work surface shall be secured to the planks.

(3) If the plywood work surface is a load-carrying member, it shall have a minimum thickness of 5/8 inch.

History

• History: 1981 AACS.

Mich. Admin. Code R 408.41219 Rescinded {#sec-r-408.41219 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41219}

FLOOR AND GROUND SUPPORTED SCAFFOLDS

History

• History: 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41221 Stilts {#sec-r-408.41221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41221}

Rule 1221. (1) A stilt shall be inspected for damage, wear, and corrosion. A defective stilt, including the pins and straps, shall be repaired or replaced before being placed in use.

(2) Stilts shall be used only if all of the following conditions exist:

(a) Floors are level.

(b) All floor holes are securely covered.

(c) When an employee is using stilts, the top edge height of the top rail, or equivalent member, shall be increased an amount equal to the height of the stilts.

(d) The floor is capable of supporting a load on the stilt’s base plate without deformation of more than 1/4 of an inch.

(e) The floor is cleared of debris, materials, or liquids that could cause a slipping or tripping hazard.

(3) Stilts shall not be used while going from one level to another.

(4) An employee may wear stilts on a scaffold only if it is a large area scaffold.

History

• History: 1981 AACS; 1990 AACS; 1996 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.41222 Wood pole scaffolds {#sec-r-408.41222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41222}

Rule 1222. (1) Where a pole of a wood pole scaffold is spliced, the ends shall be squared and the upper section shall rest squarely on the lower section. Wood splice plates shall be fastened on not less than 2 adjacent sides, shall be not less than 4 feet in length, shall overlap the abutted ends equally, shall have the same width and same total crosssectional area of the pole, and shall be capable of preventing displacement of the abutted ends. Splice plates of other materials of equivalent strength may be used.

(2) A bearer shall be set with its greater end dimension vertical and shall be long enough to project over the ledgers not less than 3 inches for proper support.

(3) The inner end of a bearer for a single pole scaffold shall be supported in accordance with 1 of the following:

(a) Rest in a wall of a building with not less than a 40 inch bearing. Notching of the bearer is not permitted.

(b) Rest on a 12- by 2- by 6- inch wood block. The block shall be notched at the center to the width of the bearer and 2 inches deep. The bearer shall be nailed to both the block and the building.

(c) At a wall opening by a plank capable of supporting the loaded bearer and fastened to the building. The bearer shall be braced against displacement.

(4) A ledger shall be long enough to extend over 2 pole spaces. The ledger shall not be spliced between the poles. The ledger shall be reinforced by bearing blocks securely nailed to the side of the pole to form a support for the ledger.

(5) Diagonal bracing shall be provided to prevent the poles of a single pole scaffold from moving in a direction parallel with the wall of the building or from buckling.

(6) Bracing shall be provided between the inner and outer sets of poles in independent pole scaffolds. The free ends of pole scaffolds shall be cross braced.

(7) Full diagonal face bracing, in both directions, shall be erected across both faces of pole scaffold. The braces shall be spliced at the poles.

(8) Pole scaffolds over 60 feet in height shall be designed by a registered professional engineer, and shall be constructed and loaded in accordance with that design.

Non-mandatory Appendix A to this standard contains examples of criteria that will enable an employer to comply with design and loading requirements for pole scaffolds under 60 feet in height.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.41223 Tube and coupler scaffolds {#sec-r-408.41223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41223}

Rule 1223. (1) A tube and coupler scaffold shall have all posts, bearers, runners, and bracing of not less than a nominal 2-inch (1.90 inches outside dimension) steel tubing or equivalent.

(2) The material used for couplers shall be of a structural type, such as a drop-forged steel, malleable iron, or structural grade aluminum. Dissimilar metals shall not be used.

(3) The posts of a tube and coupler scaffold shall not be spaced more than 6 feet apart in width and not more than 10 feet along the length for a light-duty rated scaffold, 8 feet along the length for a medium-duty rated scaffold, and 6 feet along the length for a heavy-duty rated scaffold.

(4) Drawings and specifications for a tube and coupler scaffold over 125 feet in height above the base plate shall be designed by a qualified engineer who is knowledgeable in scaffolding. Drawings and specifications shall be readily available at the jobsite. A scaffold that is less than 125 feet in height shall conform to the requirements of table 3.

(5) Runners shall be erected along the length of the scaffold and located on both the inside and the outside posts at even heights. When tube and coupler guardrails and midrails are used on outside posts, they may be used in place of outside runners.

Runners shall be interlocked to form a continuous length and coupled to each post. The bottom runner shall be located as close to the base as possible. The runners shall be placed not more than 6 feet 6 inches on centers.

(6) A bearer shall be installed transversely between posts and shall be securely coupled either to a post bearing on a runner coupler or directly to a runner and shall be kept as close to the post as possible.

(7) A bearer shall be not less than 4 inches, but not more than 12 inches, longer than the post spacing or runner spacing. A bearer may be cantilevered for use as brackets to carry 2 2-inch by 10-inch planks. The bearer for a cantilevered section shall be not more than 24 inches and the section shall be limited to 25 pounds per square foot.

(8) Cross bracing shall be installed across the width of the scaffold at both ends and at least every third set of posts horizontally and every fourth runner vertically. The bracing shall extend diagonally from the inner and outer runners upward to the next outer and inner runners.

(9) Longitudinal diagonal bracing on the outer rows of poles shall be installed at a 45-degree angle from near the base of the first outer post upward to the extreme top of the scaffold. Where the longitudinal length of the scaffold permits, the bracing shall be duplicated beginning at every fifth post. In a similar manner, longitudinal diagonal bracing shall also be installed from the last post extending back and upward toward the first post. Where conditions preclude the attachment of this bracing to the posts, it may be attached to the runners.

(10) Guys, ties, and braces shall be installed according to the scaffold manufacturer’s recommendations or at the closest horizontal member to the 4-to-1 ratio height and be repeated vertically at locations of horizontal members every 20 feet (6.1 meters) or less thereafter for a scaffold 3 feet (0.91 meters) wide or less and every 26 feet (7.9 meters) or less thereafter for a scaffold more than 3 feet (0.9 meters) wide. The top guy, tie, or brace of a completed scaffold shall be placed no farther than a 4-to-1 ratio from the top. The top guys, ties, and braces shall be installed at each end of the scaffold and at horizontal intervals of not more than 30 feet (9.1 meters), measured from 1 end, not both, towards the other end. Outriggers, when used, may be considered a part of the base dimension. The outriggers shall be installed on both sides of the scaffold at each frame line.

(11) Table 3 reads as follows:

TABLE 3

TUBE AND

COUPLER SCAFFOLDS

LIGHT

DUTY

MEDIUM HEAVY

Maximum uniformly distributed load 25 pounds per square foot 50 pounds per square foot 75 pounds per square foot Post spacing (longitudinal) 10 feet 8 feet 6 feet Post spacing (transverse) 6 feet 6 feet 6 feet Work levels 1 2 3 1 2 1 Maximum allowable additional planked levels 8 4 0 6 0 6 Maximum height (feet) 125 125 91 125 75 125

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.41224 Rescinded {#sec-r-408.41224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41224}

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41225 Rescinded {#sec-r-408.41225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41225}

History

• History: 1981 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.41226 Rescinded {#sec-r-408.41226 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41226}

History

• History: 1981 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.41227 Pump jack scaffolds {#sec-r-408.41227 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41227}

Rule 1227. (1) Pump jack brackets, braces, and accessories shall be fabricated from metal plates and angles. Each bracket shall have 2 positive gripping mechanisms to prevent any failure or slippage.

(2) A pole shall comply with both of the following provisions:

(a) Be secured to the structure by rigid triangular bracing, or equivalent, at the bottom, top, and other points as necessary to provide a maximum vertical spacing of not more than 10 feet between braces. Each brace shall be capable of supporting not less than 225 pounds tension or compression.

(b) Be made of 2, 2 by 4s of Douglas fir, or the equivalent, or 2 continuous lengths made of 2 by 4s spiked together, with the seam parallel to the bracket, with 10D common nails at not more than 12 inches center to center, staggered uniformly from opposite outside edges. Each 2 by 4 may be spliced to make up a pole if the splice is constructed to develop the full strength of the member.

(3) Where the bracket must pass bracing already installed, an extra brace shall be used approximately 4 feet above the one to be passed until the original brace is reinstalled.

(4) If poles are made of wood, then the pole lumber shall be straight-grained and free of shakes, large loose or dead knots, and other defects that might impair strength.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41228 Rescinded {#sec-r-408.41228 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41228}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.41229 Rescinded {#sec-r-408.41229 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41229}

SUSPENDED SCAFFOLDS

History

• History: 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41231 Adjustable multipoint suspension scaffolds {#sec-r-408.41231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41231}

Rule 1231. (1) Only wire rope shall be used for suspending an adjustable multipoint suspension scaffold.

(2) The steel shackles or clevises with which the wire ropes are attached to the outrigger beams shall be placed directly over the hoisting drums.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.41232 Multipoint suspended scaffold {#sec-r-408.41232 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41232}

Rule 1232. (1) A multipoint suspended scaffold shall be suspended from structural components that are capable of supporting 4 times the maximum intended load.

(2) A multipoint suspended scaffold shall be light- or medium-duty scaffold only.

(3) If wire rope is used for the suspension of a multipoint suspended scaffold, a minimum of 2 wraps around the supporting structural members and around put logs shall be used and secured with the proper number of wire rope clips or fist grips.

(4) Softeners shall be used to prevent damage to wire rope that is used for suspension.

History

• History: 1981 AACS; 1990 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41233 Two-point adjustable suspension scaffold; swing stage scaffold {#sec-r-408.41233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41233}

Rule 1233. (1) A 2-point adjustable suspension scaffold, also known as a swing stage scaffold platform, shall not be less than 20 inches nor more than 36 inches wide overall. The platform shall be securely fastened to the stirrups by U-bolts or by other equivalent means.

(2) The stirrups shall be designed with a support for a guardrail, intermediate rails, and toeboard.

(3) Rope and blocks that are used to support a 2-point adjustable scaffold shall have all of the following:

(a) Supporting ropes of 3/4-inch, first-quality manila rope or a synthetic rope of equivalent strength used with at least one 6-inch single and one 6-inch double block.

(b) Blocks that have sheaves which fit the size of the rope the blocks carry.

(c) Live ropes made fast to the scaffold in a manner to prevent displacement.

(d) The dead-end of the supporting rope connected to the block at the stirrup by means of an eye splice incorporating a thimble.

(4) A swing stage scaffold shall be limited to the following number of employees:

(a) For a scaffold designed for a working load of 500 pounds, not more than 2 employees shall be permitted to work at 1 time.

(b) For a scaffold designed for a working load of 750 pounds, not more than 3 employees shall be permitted to work at 1 time.

(5) Two or more scaffolds shall not be combined by bridging with planks or similar connecting links.

(6) Rollers or fenders shall be provided to prevent striking the building and to facilitate raising and lowering.

(7) The platform of a swing stage scaffold shall be 1 of the following types:

(a) Ladder-type platforms - The ladder-type platform shall be constructed to meet ANSI standard A10.8 “Scaffolding Safety Requirements,” 1977 edition, as adopted in R 408.41201.

(b) Plank-type platform - The plank-type platform shall be composed of not less than two 2 by 10-inch unspliced planks which are laid straight and which are cleated together on the underside, with the cleats starting 6 inches from each end and spaced at 12-inch intervals.

(c) Beam-type platform - The beam platform shall have side stringers made of lumber that is not less than 2 by 6 inches set on edge. The span between hangers shall not be more than 12 feet. The flooring shall be supported on 2 by 6-inch crossbeams which are laid flat, which are set into the upper edge of the stringers with a snug fit at intervals of not more than 4 feet center to center, and which are securely nailed in place. The flooring shall be 1 by 6-inch lumber or 3/4-inch plywood and shall be securely nailed.

Floorboards shall not be spaced more than 1/2 of an inch apart.

(d) Manufactured picks - When used, a manufactured pick shall conform to the requirements of R 408.41217(2) and (3).

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41234 Multilevel suspension scaffolds {#sec-r-408.41234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41234}

Rule 1234. (1) A multilevel suspension scaffold shall have a separate fall prevention device that allows a drop of not more than 12 inches installed at each support point connected with a line to the scaffold.

(2) The device shall be attached to a wire rope safety line equivalent to the support rope, and the safety line shall be secured to a substantial member of the structure separate from the support rope and to the ground. If it is not possible to attach a safety line to the structure, then the safety line shall be attached to the outrigger.

(3) The multilevel suspension scaffold shall be in compliance with the provisions of R 408.41233 and 29 CFR 1926.452(v), as adopted by reference in R 408.41201.

(4) A support for a platform shall be attached directly to the support stirrup and not to any other platform.

History

• History: 1981 AACS; 1990 AACS; 1996 AACS; 1998-2000 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 408.41235 Single-point adjustable suspension scaffolds {#sec-r-408.41235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41235}

Rule 1235. A single-point adjustable suspension scaffold shall travel only in a vertical line.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.41236 Needle beam scaffolds {#sec-r-408.41236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41236}

Rule 1236. (1) A needle beam scaffold shall not be altered or moved while in use.

(2) The scaffold planking shall be secured against displacement. Cleats are not an adequate means of attachment.

(3) Ropes or hangers shall be used for supports, except that 1 end of a needle beam scaffold may be supported by and secured to a permanent structural member.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41237 Boatswain’s chair {#sec-r-408.41237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41237}

Rule 1237. (1) Two 5/8-inch, first-quality manila rope slings or synthetic rope of equivalent strength shall be reeved through the 4 seat holes so as to cross each other on the underside. Where an employee is using a heat or spark-producing process, such as gas welding or cutting, a protected 3/8-inch wire rope shall be used in place of fiber rope.

(2) The tackle shall consist of bearing or bushed blocks and 5/8-inch, first grade manila rope or its equivalent. The block shall be secured to roof irons, hooks, or other objects that are secured. Tiebacks shall be installed at right angles to the face of the building and shall be secured to the roof hooks and the building.

History

• History: 1981 AACS; 1990 AACS; 1996 AACS; 2013 AACS.

Mich. Admin. Code R 408.41238 Float scaffolds {#sec-r-408.41238 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41238}

Rule 1238. (1) A float scaffold shall be constructed of not less than 3/4-inch exterior plywood or equivalent material. The platform shall be not more than 3 by 6 feet in size, and the ends of the platform shall project 6 inches beyond the outer edge of the bearers.

(2) The plywood shall be securely fastened to 2 2- by 4-inch bearers which are made of select lumber that is free of knots and other defects and which project 6 inches beyond the platforms on each side. The plywood shall be reinforced with a diagonal brace that runs from bearer to bearer beneath the platform.

(3) An edging of wood not less than 1 by 2 inches, or its equivalent, shall be secured around all sides of the platform to prevent tools from rolling off.

(4) Supporting ropes shall be 1-inch manila rope, or its equivalent, and shall be free of defects.

(5) Rope connections shall be made in a manner that prevents the platform from shifting or slipping. The rope shall be arranged to do all of the following:

(a) Pass under the platform.

(b) Be hitched around the end of each bearer on each side.

(c) Provide 4 ends that shall be securely fastened to an overhead support.

(6) Not more than 2 employees and necessary light tools shall occupy a float scaffold.

(7) Each employee on a float scaffold shall be protected by a personal fall arrest system.

History

• History: 1981 AACS; 1990 AACS; 1996 AACS.

Mich. Admin. Code R 408.41239 Rescinded {#sec-r-408.41239 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41239}

History

• History: 1998-2000 AACS; 2018 AACS.

Mich. Admin. Code R 408.41240 Rescinded {#sec-r-408.41240 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41240}

MOBILE SCAFFOLDS

History

• History: 1998-2000 AACS; 2018 AACS.

Mich. Admin. Code R 408.41241 Mobile scaffolds {#sec-r-408.41241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41241}

Rule 1241. (1) When a freestanding mobile scaffold is used, the height shall not be more than 4 times the minimum base dimension.

(2) Outriggers, when used, may be considered as part of the base dimension. The outriggers shall be installed on both sides of the scaffold at each frame line.

(3) Locking devices shall be used to secure the casters to the frame or adjusting screw. The adjusting screw shall not extend more than 12 inches. The casters shall be provided with a positive locking device to prevent movement of the scaffold. The device shall be used when the scaffold is in use, except where the work platform is 4 feet or less from the floor.

(4) Vertical members of the scaffold shall be braced by cross bracing and diagonal bracing. Not less than 2 horizontal diagonal braces shall be installed, 1 as close to the casters as possible, at intervals of not more than 4 times the least-based dimension. The horizontal diagonal brace may be omitted on a scaffold that is specifically designed to absorb racking.

(5) A scaffold platform shall cover the full width of the scaffold, except for a necessary entrance opening. A platform shall be secured in place. A platform shall not extend outward beyond the base supports of the scaffold unless outrigger frames or equivalent devices are used to ensure stability.

(6) A ladder or stairway that is provided on a manually propelled mobile scaffold shall be affixed or built into the scaffold and shall be so located that, when in use, the ladder or stairway does not have a tendency to tip the scaffold. A landing platform shall be provided at intervals of not more than 30 feet.

(7) In place of a ladder or stairway, the requirements of R 408.41211(2) may be complied with.

(8) Only manual force shall be used to move a scaffold covered by this rule. The force shall be applied near or as close to the base as practical, except for a scaffold with a work platform that is 4 feet or less from the floor.

(9) When being used, a mobile scaffold shall rest upon a suitable footing and shall stand plumb. Where leveling of the scaffold is necessary, screw jacks or an equivalent means shall be used.

(10) An employer shall not allow an employee to ride on a mobile scaffold, unless all of the following conditions exist:

(a) The floor or surface is within 3 degrees of level and is free from pits, holes, or obstructions.

(b) The minimum base dimension of the scaffold when ready for rolling is not less than 1/2 of the height.

(c) The casters are equipped with rubber or similar resilient tires.

(d) All tools and materials are secured or removed from the platform before the mobile scaffold is moved.

(e) The scaffold is equipped with guardrails on all sides.

(f) Before a scaffold is moved, each employee on the scaffold is made aware of the move.

(11) A mobile scaffold shall be in compliance with the applicable provisions of R 408.41217, R 408.41218, R 408.41223, and 29 CFR 1926.452(c), as adopted by reference in R 408.41201.

(12) A power system used to propel a mobile scaffold shall be designed to propel a mobile scaffold. A forklift, truck, similar motor vehicle, or add-on motor shall not be used to propel a scaffold unless the scaffold is designed to be propelled by a forklift, truck, similar motor vehicle, or add-on motor.

(13) If a power system is used to propel a scaffold, then the propelling force shall be applied directly to the wheels and shall not produce a speed of more than 1 foot per second (0.3 meters per second).

(14) An employee shall not be on any part of a powered mobile scaffold that extends outward beyond the wheels, casters, or other supports.

(15) A powered mobile scaffold shall be stabilized to prevent tipping during movement.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41243 Rough terrain forklift truck scaffolds; equipment requirements; employee safety requirements {#sec-r-408.41243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41243}

Rule 1243. (1) The scaffold platform shall be attached to the forks by enclosed sleeves and shall be secured against the back of the forks with a mechanical device so that the platform cannot tip or slip.

(2) A work platform shall be in compliance with all of the following requirements:

(a) Except for the guardrail system as specified in Construction Safety Standard Part 21. “Guarding of Walking and Working Areas,” as referenced in R 408.41201, be of welded mild steel construction that has a minimum safety factor of 4 times the maximum intended load.

(b) Have a continuous guardrail system constructed as follows:

(i) Have a top rail which is located not less than 36 inches, nor more than 42 inches, above the platform floor and which is constructed to withstand a minimum of 200 pounds of force in any direction.

(ii) Have a midrail which is installed at mid-height between the top rail and platform floor and which is constructed to withstand a 200-pound side thrust.

(iii) Have a toeboard which is not less than 4 inches in nominal height and which is installed not more than 1/4 of an inch above the floor around the periphery of the work platform. If the platform has a gate, then the toeboard shall be installed on the gate.

(c) Have a wood planking, steel plate, or a steel grating bolted or welded to the bottom of the platform and be maintained free of slip or trip hazards.

(d) Have a permanently affixed sign on the platform that specifies the maximum number of passengers allowed, the work platform identification number, and the maximum rated load.

(e) Be easily identifiable by high-visibility color or marking.

(3) The work platform shall be level when in use.

(4) If an employee is elevated in a platform on a variable reach lift truck, a personal fall arrest system, including the anchorage required in Construction Safety Standard Part 45. “Fall Protection,” and Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” as referenced in R 408.41201, is required and shall be worn when an employee is elevated.

(5) The rough terrain fork truck or the lift truck shall rest on firm footing. Leveling devices and outriggers shall be used where provided on equipment.

(6) A trained operator shall remain at the operator station of a lift truck to control the lift truck while an employee is elevated. The lift truck control or controls shall be in neutral and the parking brake set. The operator of the lift truck scaffold platform shall be able to see the elevated platform at all times.

(7) A lift truck platform shall be returned to the ground before a lift truck is repositioned. The forklift shall be moved as close to the work area as possible for final positioning. An employee shall exit the landed platform and reboard the platform only after the lift truck repositioning is completed.

(8) The combined mass weight of the platform, load, and the employee shall not be more than 1/3 of the rated capacity of the rough terrain forklift truck on which the platform is used.

(9) An employee shall maintain firm footing on the platform floor. Railings, planks, ladders, or other materials shall not be used on the platform to achieve reach or height.

(10) The guardrail system of the platform shall not be used to support any of the following:

(a) Materials.

(b) Other work platforms.

(c) Employees.

(11) The platform shall be lowered to ground level for an employee to enter or exit, except where elevated work areas are inaccessible or hazardous to reach. An employee may exit the platform with the knowledge and consent of the employer. When exiting to unguarded work areas, fall protection shall be provided and used as required in Construction Safety Standard Part 45. “Fall Protection,” as referenced in R 408.41201.

An employee shall not climb on any part of a lift truck when attempting to enter or exit the platform.

(12) A platform shall not be modified if the modification is detrimental to its safe use.

(13) Floor dimensions parallel to the truck longitudinal centerline shall not be more than 2 times the load center distance listed on the rough terrain forklift truck nameplate.

The floor dimension width shall not be more than the overall width of the truck measured across the load-bearing tires plus 10 inches (250 mm) on either side. The minimum space for each employee on the platform shall be not less than 18 inches (450 mm) in either direction.

(14) A wood pallet shall not be used as a platform for lift truck scaffolds.

(15) If arc welding is performed by an employee on the platform, then the electrode holders shall be protected from contact with the metal components of the work platform.

(16) A work platform shall not be used during high winds, electrical storms, snow, ice, sleet, or other adverse weather conditions that could affect the safety of the employees on the work platform or the operator of the truck.

History

• History: 1981 AACS; 1990 AACS; 1997 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41244 Rescinded {#sec-r-408.41244 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41244}

History

• History: 1997 AACS; 2013 AACS.

Mich. Admin. Code R 408.41245 Operator training {#sec-r-408.41245 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41245}

Rule 1245. An employer shall ensure that an employee has been trained before the employee’s assignment as an operator of a rough terrain forklift truck that is used to elevate employees. An employee shall be trained in all of the following areas:

(a) The capabilities of the equipment and its attachments.

(b) The purpose, use, and limitations of the controls.

(c) How to make daily checks.

History

• History: 1997 AACS; 2013 AACS.

Mich. Admin. Code R 408.41246 Rescinded {#sec-r-408.41246 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41246}

AUXILIARY SUPPORTED SCAFFOLDS

History

• History: 1997 AACS; 2013 AACS.

Mich. Admin. Code R 408.41251 Outrigger scaffolds {#sec-r-408.41251 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41251}

Rule 1251. (1) The inboard end of an outrigger beam measured from the fulcrum point to anchorage point shall be not less than 1 1/2 times the outboard end in length.

The beams shall rest on edge, the sides shall be plumb, and the edges shall be horizontal.

The fulcrum point of the beam shall rest on a secure bearing not less than 6 inches in each horizontal dimension. The beam shall be secured in place against movement and shall be securely braced at the fulcrum point against tipping.

(2) The inboard end of an outrigger beam shall be securely anchored either by means of struts bearing against sills in contact with the overhead beams or ceiling or by means of tension members secured to the floor joists underfoot, or by both if necessary. The inboard end of an outrigger beam shall be secured against tipping, and the entire supporting structure shall be securely braced in both directions to prevent any horizontal movement.

(3) An outrigger scaffold shall be constructed as prescribed in table 4.

(4) Planking shall be laid tight and shall extend to within 3 inches of the building wall. Planking shall be secured to the outriggers.

(5) A scaffold and scaffold components shall be designed by a qualified person who is knowledgeable in scaffolding and shall be constructed and loaded pursuant to the design.

(6) Table 4 reads as follows:

TABLE 4

SPACING AND LENGTH OF OUTRIGGER SCAFFOLDS

Maximum Scaffold Load Light Duty 25 p.s.f.

Medium Duty 50 p.s.f.

Outrigger size 2 inches by 10 inches 3 inches by 10 inches Maximum outrigger spacing 8 feet 6 feet Maximum outrigger length 6 feet 6 feet

History

• History: 1981 AACS; 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 408.41253 Roofing brackets and crawling boards {#sec-r-408.41253 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41253}

Rule 1253. (1) A roofing bracket shall be installed in a manner to maintain a level working surface.

(2) In addition to the pointed metal projections, the brackets shall be secured in place by nailing. When it is impractical to nail brackets, rope supports shall be used.

When rope supports are used, they shall consist of first-quality manila rope of at least 3/4-inch diameter or its equivalent.

(3) A crawling board shall not be less than 1 by 10 inches, shall extend from the eave to the ridge of the roof, and shall be secured against displacement.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.41254 Carpenter’s bracket scaffold {#sec-r-408.41254 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41254}

Rule 1254. (1) Each bracket, except those for wooden bracket-form scaffolds, shall be attached to the supporting formwork or structure by means of 1 or more of the following:

(a) Nails.

(b) A metal stud attachment device.

(c) Welding, hooking over a secured structural supporting member, with the form wales either bolted to the form or secured by snap ties or tie bolts extending through the form and securely anchored.

(d) For carpenters' bracket scaffolds only, by a bolt extending through to the opposite side of the structure's wall.

(2) The supporting brackets shall be fastened to the structure by 1 of the following:

(a) Three-eighths-inch diameter bolts extending through the studs at the top of the bracket and projecting 3/4 inch beyond the nut and washer when in place.

(b) Welding to a metal tank.

(c) Hooked over a secured supporting member of the structure.

History

• History: 1981 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41255 Form Scaffolds {#sec-r-408.41255 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41255}

Rule 1255. Metal brackets that are an integral part of the form shall be bolted or welded to the form. A folding-type bracket shall be secured by bolts or locking pins when in the extended position. Clip-on hook-on brackets may be used if the form walers are bolted to the form or secured by snap ties or shea-bolts extending through the form and anchored.

History

• History: 1981 AACS; 1990 AACS; 2013 AACS.

Mich. Admin. Code R 408.41256 Ladder jack scaffolds {#sec-r-408.41256 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41256}

Rule 1256. (1) A ladder jack scaffold shall be used only for light duty on type I manufactured ladders at heights not more than 20 feet from the ground or floor level. The ladder shall be used as prescribed in Construction Safety Standard Part 11. “Fixed and Portable Ladders,” as referenced in R 408.41201.

(2) All bearing points of a ladder jack shall be designed to bear on the side rails and the rungs, but if bearing on the rungs only, the bearing area shall be not less than 10 lineal inches per rung.

History

• History: 1981 AACS; 2013 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41256a Step, platform, and trestle ladder scaffolds {#sec-r-408.41256a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41256a}

Rule 1256a. (1) A scaffold platform shall not be placed higher than the second highest rung or step of the ladder supporting the platform.

(2) A ladder used in conjunction with a step, platform, and trestle ladder scaffold shall comply with the pertinent requirements of Construction Safety Standard Part 11.

“Fixed and Portable Ladders,” as referenced in R 408.41201, except that job-made ladders shall not be used to support a step, platform, or trestle scaffold.

(3) A ladder used to support a step, platform, and trestle ladder scaffold shall be placed, fastened, or equipped with a device to prevent slipping.

(4) A scaffold shall not be bridged to another scaffold.

History

• History: 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41256b Rescinded {#sec-r-408.41256b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41256b}

WIRE, FIBER, AND SYNTHETIC ROPE

History

• History: 1998-2000 AACS; 2016 AACS; 2018 AACS.

Mich. Admin. Code R 408.41261 Wire rope {#sec-r-408.41261 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41261}

Rule 1261. (1) A wire rope shall be inspected for defects by a competent person before each work shift and after every occurrence that could affect a rope’s integrity. A rope shall be replaced if any of the following conditions exist:

(a) Physical damage that impairs the function and strength of the rope.

(b) Kinks that might impair the tracking or wrapping of rope around the drum or sheaves.

(c) Six randomly distributed broken wires in 1 rope lay or 3 broken wires in 1 strand in 1 rope lay.

(d) Abrasion, corrosion, scrubbing, flattening, or peening that has caused the loss of more than 1/3 of the original diameter of the outside wires.

(e) Heat damage caused by a torch or any damage caused by contact with electrical wires.

(f) Evidence that the secondary brake has been activated during an overspeed condition and has engaged the suspension rope.

(2) Wire rope that is bent to form an eye over a bolt or rod which has a diameter of less than 4 times the rope diameter shall be equipped with a metal thimble.

(3) Swaged attachments or spliced eyes on wire suspension ropes shall not be used unless they are made by the wire rope manufacturer or a qualified person.

(4) If wire rope clips are used on suspension scaffolds, then all of the following provisions apply:

(a) Clips shall be installed according to the manufacturer’s recommendations.

(b) Clips shall be retightened to the manufacturer’s recommendations after the initial loading.

(c) Clips shall be inspected and retightened to the manufacturer’s recommendations at the start of each work shift.

(d) U-bolt clips shall not be used at the point of suspension for any scaffold hoist.

(e) If U-bolt clips are used, then the U-bolt shall be placed over the dead end of the rope and the saddle shall be placed over the live end of the rope.

(5) Wire rope shall not come in contact with sharp edges.

History

• History: 1981 AACS; 1990 AACS; 1998-2000 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41262 Rescinded {#sec-r-408.41262 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41262}

History

• History: 1981 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.41263 Rescinded {#sec-r-408.41263 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41263}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.41264 Window jack scaffolds {#sec-r-408.41264 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41264}

Rule 1264. (1) A window jack scaffold shall be used as a work platform for not more than 1 employee and only for the purpose of working at the window opening through which the jack is placed.

(2) A window jack shall not be used to support planks placed between one window jack and another or for other elements of scaffolding.

History

• History: 1990 AACS; 1998-2000 AACS; 2013 AACS.

R 408.41301 to R 408.41301 Part 13. Mobile Equipment

Mich. Admin. Code R 408.41301 Adoption and availability of standards {#sec-r-408.41301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41301}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 13. MOBILE EQUIPMENT

Rule 1301. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations, in 29 CFR part 1926, subpart O, “Motor Vehicles, Mechanized Equipment, and Marine Operations,” are adopted by reference in these rules:

(a) 29 CFR 1926.600, “Equipment,” effective August 9, 2010.

(b) 29 CFR 1926.601, “Motor vehicles,” effective December 6, 2012.

(c) 29 CFR 1926.602, “Material handling equipment,” effective December 1, 1998, including 29 CFR 1910.178, appendix A “Powered industrial trucks (nonmandatory),” effective November 18, 2016.

(d) 29 CFR 1926.603, “Pile driving equipment,” effective January 19, 2005.

(e) 29 CFR 1926.604, “Site clearing,” effective March 14, 2001.

(f) 29 CFR 1926.605, “Marine operations and equipment,” effective July 22, 1977.

(g) 29 CFR 1926.606, “Definitions applicable to this subpart,” effective March 14, 2001.

(2) The following OSHA regulations, in 29 CFR part 1926, subpart W, “Rollover Protective Structures; Overhead Protection,” are adopted by reference in these rules:

(a) 29 CFR 1926.1000, “Scope,” effective May 14, 2019.

(b) 29 CFR 1926.1001, “Minimum performance criteria for rollover protective structures for designated scrapers, loaders, dozers, graders, crawler tractors, compactors, and rubber-tired skid steer equipment,” effective May 14, 2019.

(c) 29 CFR 1926.1002, “Protective frames (roll-over protective structures, known as ROPS) for wheel-type agricultural and industrial tractors used in construction,” effective May 14, 2019.

(d) 29 CFR 1926.1003, “Overhead protection for operators of agricultural and industrial tractors used in construction,” effective May 14, 2019.

(3) A reference to 1926.2 means MIOSHA Safety and Health Standard Part 12.

“Variances.”

(4) A reference to 29 CFR part 1926, subpart K, “Electrical,” means all of the following:

(a) Construction Safety and Health Standard Part 10. “Cranes and Derricks.”

(b) Construction Safety Standard Part 17. “Electrical Installations.”

(5) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(6) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(7) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(8) The following Michigan occupational safety and health administration standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(c) Construction Safety and Health Standard Part 10. “Cranes and Derricks,” R 408.41001 to R 408.41099a.

(d) Construction Safety Standard Part 15. “Excavators, Hoists, Elevators, Helicopters, and Conveyors,” R 408.41501 to R 408.41595.

(e) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(f) MIOSHA Safety and Health Standard Part 12. “Variances,” R 408.22201 to R 408.22251.

(g) General Industry Safety and Health Standard Part 21. “Powered Industrial Trucks,” R 408.12101 to R 408.12193.

(h) Occupational Health Standard Part 504. “Diving Operations,” R 325.50301 to R 325.50348.

(9) A reference to 29 CFR part 1926, subpart N, “Helicopters, Hoists, Elevators, and Conveyors,” means this standard and both of the following:

(a) Construction Safety and Health Standard Part 10. “Cranes and Derricks.”

(b) Construction Safety Standard Part 15. “Excavators, Hoists, Elevators, Helicopters, and Conveyors.”

(10) A reference to 29 CFR part 1926, subpart W, “Rollover Protective Structures;

Overhead Protection,” means this standard and both of the following:

(a) Construction Safety and Health Standard Part 10. “Cranes and Derricks.”

(b) Construction Safety Standard Part 15. “Excavators, Hoists, Elevators, Helicopters, and Conveyors.”

(11) A reference to 29 CFR part 1910, subpart N, “Materials Handling and Storage,” means General Industry Safety and Health Standard Part 21. “Powered Industrial Trucks.”

(12) A reference to 29 CFR part 1910, subpart T, “Commercial Diving Operations,” means Occupational Health Standard Part 504. “Diving Operations.”

(13) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1979 AC; 1983 AACS; 1997 AACS; 1998-2000 AACS; 2021 MR 11, Eff. June 11, 2021.

R 408.41401 to R 408.41483 Part 14. Tunnels, Shafts, Caissons and Cofferdams

Mich. Admin. Code R 408.41401 Scope {#sec-r-408.41401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41401}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 14. TUNNELS, SHAFTS, CAISSONS, AND COFFERDAMS

Rule 1401. This part applies to the construction, modification, and major repair of tunnels, shafts, caissons, chambers, passageways, cofferdams, any other aspect of tunnel construction, and the use and maintenance of equipment. This part does not apply to routine maintenance of an existing structure; excavation and trenching operations as prescribed by Construction Safety Standard Part 9 “Excavation, Trenching and Shoring,” which is referenced in R 408.41410, or underground electrical transmission and distribution lines as prescribed in Construction Safety Standard Part 16 “Power Transmission and Distribution,” which is referenced in R 408.41410. This part also applies to cut-and-cover excavations which are both physically connected to ongoing underground construction operations within the scope of this part and covered in such a manner as to create conditions characteristic of underground construction.

History

• History: 1979 AC; 1993 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.41405 Applicability {#sec-r-408.41405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41405}

Rule 1405. These rules apply to auger boring and jacking operations when occupied by an employee with the exception of R 408.41463.

History

• History: 2003 AACS; 2019 AACS.

Mich. Admin. Code R 408.41410 Adoption of standards by reference {#sec-r-408.41410 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41410}

Rule 1410. (1) The following standards are adopted by reference in these rules and are available from the U.S. Government Printing Office Bookstore, 710 North Capitol Street N.W., Washington, DC, at the toll-free telephone number: 866-542-1800 or via the internet at website: www.ecfr.gov at no cost as of the time of adoption of these rules:

(a) The provisions of 30 CFR, Mineral Resources Parts 1 to 199 “Mine Safety and Health Administration, Department of Labor,” revised July 1, 2000.

(b) The provisions of 42 CFR, Public Health, Part 84 “Approval of Respiratory Protective Devices,” revised October 1, 2001.

(2) The standards adopted in subrule (1) of this rule are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143; or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of the adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(c) Construction Safety Standard Part 9. “Excavation, Trenching, and Shoring,”

R 408.40901 to R 408.40953.

(d) Construction Safety and Health Standard Part 10. “Cranes and Derricks,”

R 408.41001 to R 408.41099a.

(e) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(f) Construction Safety Standard Part 17. “Electrical Installations,” R 408.41701 to R 408.41734.

(g) Construction Safety Standard Part 18. “Fire Protection and Prevention,”

R 408.41801 to R 408.41884.

(h) Construction Safety and Health Standard Part 21. “Guarding of Walking and Working Areas,” R 408.42101 to R 408.42160.

(i) Construction Safety and Health Standard Part 22. “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243.

(j) Construction Safety Standard Part 27. “Blasting and Use of Explosives,”

R 408.42701 to R 408.42799.

(k) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

(l) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.

(m) Construction Safety and Health Standard Part 665. “Underground Construction, Caissons, Cofferdams, and Compressed Air,” R 325.62991 to R 325.62996.

History

• History: 2003 AACS; 2013 AACS; 2014 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41454 Rescinded {#sec-r-408.41454 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41454}

History

• History: 1979 AC; 1993 AACS; 2003 AACS.

Mich. Admin. Code R 408.41455 Definitions; A to H {#sec-r-408.41455 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41455}

Rule 1455. (1) "Atmospheric pressure" means the pressure of air at sea level, usually 14.7 p.s.i.a. (1 atmosphere) or zero p.s.i.g.

(2) “Auger boring and jacking” means the mechanical removal of soil by use of a rotating auger and cutting head and simultaneously installing pipe or other lining where the section of lining is installed at the opening of the excavation and is jacked or otherwise forced toward the advancing face.

(3) "Auger tunnel" means a tunnel that is excavated by use of a continuous flight auger system, with or without a sleeve or other type of liner.

(4) "Bulkhead" means an airtight structure separating the working chamber from free air or from another chamber under a lesser pressure than the working pressure.

(5) "Caisson" means either a generally vertical foundation unit below grade or a chamber placed in the ground or water for excavating earth and in which it is possible for a person to work under air pressure greater than atmospheric pressure to excavate material below water level.

(6) "Cofferdam" means a temporary structure used to control the flow of water and other material during construction operations.

(7) "Competent person" means a person who is experienced and capable of identifying existing and predictable hazards in the surroundings or under working conditions that are hazardous or dangerous to an employee, and who has the authority and knowledge to take prompt corrective measures to eliminate hazards.

(8) "Compressed air" means an environment that has a pressure greater than atmospheric pressure.

(9) "Decanting" means a method used for decompressing under emergency circumstances. In this procedure, the employees are brought to atmospheric pressure with a very high gas tension in the tissues and then immediately recompressed in a second and separate chamber or lock.

(10) "Emergency lock" means a lock designed to hold and permit the quick passage of an entire shift of employees.

(11) "Escape-only respirator" means a respirator intended to be used only for emergency exit.

(12) "High air" means air pressure used to supply power to pneumatic tools and devices.

History

• History: 1979 AC; 1989 AACS; 2003 AACS; 2019 AACS.

Mich. Admin. Code R 408.41456 Definitions; M to W {#sec-r-408.41456 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41456}

Rule 1456. (1) "Man lock" means a chamber through which employees pass from 1 air pressure environment into another.

(2) "Materials lock" means a chamber through which materials and equipment pass from 1 air pressure environment into another.

(3) "Occupied tunnel" means any tunnel entered by 1 or more employees.

(4) "Pressure" means a force acting on a unit area, usually shown as pounds per square inch (p.s.i.).

(5) "Qualified person" means a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

(6) "Safety screen" means an airtight and watertight diaphragm placed vertically across the upper part of a compressed air tunnel between the face and bulkhead in order to restrain sudden flooding of the crown of the tunnel between the safety screen and the bulkhead, thus providing a means of refuge and exit from a flooding or flooded tunnel.

(7) "Shaft" means a vertical or inclined opening excavated below ground level, that is for the purpose of tunnel operations.

(8) "Tunnel" means a generally horizontal excavation or facility more than l4 inches in diameter, width, or height and more than 6 feet in length below ground or water.

Facilities used for the acquisition of minerals, ores, and fossil fuels, which are commonly known as mines, are excluded from this definition.

(9) "Working chamber" means the space or compartment under air pressure in which the work is being done.

History

• History: 1979 AC; 1984 AACS; 2003 AACS.

Mich. Admin. Code R 408.41461 Advance notice of tunnel excavation {#sec-r-408.41461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41461}

Rule 1461. (1) Before the start of a pressurized tunnel being constructed, modified, or repaired, that is 24 inches or more in diameter, height, or width, and that will be occupied by an employee, a report prepared by the employer performing the tunnel excavation shall be sent to the Michigan Department of Labor and Economic Opportunity, Construction Safety and Health Division, 530 West Allegan Street, P.O.

Box 30645, Lansing, Michigan 48909-8145, in addition to the following civil authorities in the area: hospital, police department, fire department, and sheriff department. The report shall contain all of the following information:

(a) Name of contractor or contractors.

(b) Starting date.

(c) Length of tunnel.

(d) Diameter of cut.

(e) Finished diameter.

(f) Number of shafts.

(g) Depth of shafts.

(h) Location of shafts.

(i) Method of tunneling.

(j) Maximum working pressure in tunnel or shaft.

(k) Type of primary liner.

(l) Number of shifts.

(m) Projected completion date.

(n) Projected maximum work force within tunnel.

(2) An employer shall notify parties notified pursuant to subrule (1) of this rule when the work has been completed.

(3) If, after the start of any tunnel project, a tunnel or shaft that the employer has shown to be constructed, modified, or repaired under atmospheric conditions requires the tunnel to be pressurized, then the employer shall notify the Construction Safety and Health Division at the Michigan Department of Labor and Economic Opportunity, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan 48909-8145, 24 hours before allowing employees to enter the tunnel.

(4) If the work operations of any occupied and pressurized tunnel projects are discontinued for 30 consecutive days or longer, then the employer shall notify the Construction Safety and Health Division at the Michigan Department of Labor and Economic Opportunity, 24 hours before resuming work operations on the tunnel project.

History

• History: 1979 AC; 2003 AACS; 2014 AACS; 2019 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41462 Safety generally {#sec-r-408.41462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41462}

Rule 1462. (1) The employer shall inform oncoming shifts of any hazardous occurrences or conditions that have affected or might affect employee safety, including liberation of gas, equipment failures, earth or rock slides, cave-ins, floodings, fires, or explosions.

(2) A safe means of egress and access to all work areas shall be provided and maintained free of hazards.

(3) When work is not being performed, access to an underground opening shall be covered, bulkheaded, fenced off, or restricted by gates or doors and appropriately posted.

(4) Any section of tunnel that is not in use shall be barricaded to prevent ingress by an unauthorized employee.

(5) Construction of a trench, manhole, or other opening for use in a tunnel or shaft operation shall be as prescribed in construction safety standard Part 9. Excavation, Trenching, and Shoring and construction safety standard Part 45. Fall Protection, which is referenced in R 408.41410.

(6) An area subject to subsidence that is hazardous to an employee shall be fenced and appropriately posted.

(7) Each operation shall have a check-in and check-out system that will provide positive identification of an employee by number or name and will identify the location of each employee who is underground. An accurate record shall be kept on the surface.

However, a check-in and check-out system is not required when the construction of underground facilities that are designed for human occupancy has been completed so that the permanent environmental controls are effective and the remaining construction activity will not cause any environmental hazard or structural failure within the facilities.

(8) All employees shall be instructed in the recognition and avoidance of hazards that are associated with all of the following underground construction activities:

(a) Air monitoring.

(b) Ventilation.

(c) Illumination.

(d) Communications.

(e) Flood control.

(f) Mechanical equipment.

(g) Personal protective equipment.

(h) Explosives.

(i) Fire prevention and protection.

(j) Emergency procedures, including evacuation plans and check-in and check-out systems.

(9) The employer shall issue each employee a copy of the project’s general safety rules before the employee commences work at the project.

(10) Each employer shall designate a qualified person who is responsible for administering the safety program. A written record shall be maintained of the safety training program.

(11) Before an employee enters a tunnel where the atmosphere may be hazardous due to a condition such as a deficiency of oxygen, or may be toxic in excess of the maximum allowable limits, the tunnel shall be tested and the results shall be recorded as prescribed in occupational health standard Part 665. Underground Construction, Caissons, Cofferdams, and Compressed Air, which is referenced in R 408.41410. The records shall be maintained at the jobsite. If the atmosphere is hazardous, either sufficient ventilation to eliminate the hazard shall be provided or respiratory equipment as prescribed by the department of licensing and regulatory affairs shall be worn.

(12) If an atmosphere is found to be explosive, then sparks, flame, and other sources of ignition shall be prohibited and ventilation shall be provided until the hazard has been reduced and maintained at or below the maximum allowable limits as prescribed by the department of licensing and regulatory affairs.

History

• History: 1979 AC; 1984 AACS; 1993 AACS; 1996 AACS; 2003 AACS; 2013 AACS.

Mich. Admin. Code R 408.41463 Emergency provisions; plans; equipment; rescue crews {#sec-r-408.41463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41463}

Rule 1463. (1) The employer shall develop a plan to evacuate a tunnel in an emergency and the procedures to carry out the plan shall be made known to the employees and to the rescue team.

(2) An employer shall ensure that rescue teams are familiar with conditions at the jobsite.

(3) On jobsites where 25 or more employees work underground at 1 time, an employer shall provide, or make arrangements in advance with locally available rescue services to provide, at least 2 5-person rescue teams.

One of the teams shall be on the jobsite or within 1/2 hour of travel time from the entry point and the other team shall be within 2 hours of travel time from the entry point.

(4) On jobsites where fewer than 25 employees work underground at 1 time, an employer shall provide, or make arrangements in advance with locally available rescue services to provide, at least 1 5-person rescue team. The team shall either be on the jobsite or be within 1/2 hour of travel time from the entry point.

(5) On jobsites where flammable or noxious gases are encountered or anticipated in hazardous quantities, rescue team members shall practice donning and using selfcontained breathing apparatus monthly.

(6) An emergency hoisting facility, such as a mud box or a crane, shall be readily available at a shaft that is used as a means of egress, unless a hoisting means is provided that is independent of an electrical power failure. The hoisting means shall be designed so that the load hoist drum is powered in both directions of rotation and so that the brake is automatically applied upon power release or failure.

(7) An employer shall provide an escape-only respirator that is a self-contained breathing apparatus with a minimum of a 5 minute air supply. Respirators shall be approved by the national institute for occupational safety and health as prescribed in the provisions of 42 C.F.R. Public Health Service, Part 84 “Approval of Respiratory Protective Devices,” as adopted in R 408.41410. Respirators shall be used in accordance with Occupational Health Standard Part 451 “Respiratory Protection,” as referenced in R 408.41410. Escape-only respirators shall be immediately available for each employee at work stations in underground areas where employees might be trapped by smoke or gas.

(8) Escape-only respirator that is a self-contained breathing apparatus shall be maintained in good operating condition. Employees shall be trained in its use.

(9) The employer shall maintain a rescue crew for each shift of all underground operations. The rescue crew shall be trained in rescue procedures, the use and limitations of a breathing apparatus, and the use of fire fighting equipment. The crews shall be retrained at least once each year. Local fire and police personnel may be used as rescue teams for tunnel operations. If local personnel are to be used, then the employer shall arrange for assistance before the start of the project.

(10) The employer shall provide the following minimum rescue equipment at the top of the shaft:

(a) Four units of 1/2-hour-rated, self-contained breathing apparatus.

(b) Four additional units of 1/2-hour-rated air bottles.

(c) Four bureau of mines flashlights or lanterns with additional batteries for each light. The flashlights shall be as prescribed in part 20 of subchapter B of the provisions of 30 C.F.R., Mineral Resources, Parts 1-199 “Mine Safety and Health Administration, Department of Labor,” as adopted in R 408.41410.

(d) Two 2A-10BC fire extinguishers.

(e) One stretcher, wire basket type or equivalent with slings attached.

(f) One fire blanket.

(g) One 10-ton hand hydraulic rescue kit.

(h) One first aid kit as prescribed in Construction Safety Standard Part 1 “General Rules,” as referenced in R 408.41410.

(11) At least 1 employee shall be on duty above ground when an employee is working underground. The primary duty of the employee who is above ground shall be to secure immediate aid for an employee who is underground in case of an emergency.

History

• History: 1979 AC; 1982 AACS; 1993 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.41464 Communication system; location; signals {#sec-r-408.41464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41464}

Rule 1464. (1) In a tunnel that is more than 225 feet long, the employer shall provide a communication system at all of the following locations:

(a) The working face.

(b) The top of the shaft.

(c) The bottom of the shaft.

(d) The hoisting station, if provided.

(e) Each 1,000 feet of tunnel.

(f) The office, if provided. A public telephone or other communication system shall be provided or available to each tunnel project to secure outside emergency help.

(g) Hoist operators shall be provided with a closed-circuit voice communication system to each landing station. The system shall have speaker microphones located so that the operator can communicate with individual landing stations during hoist use.

(2) An employer shall establish and maintain direct communications for coordination of activities with other employers whose operations at the jobsite affect or may affect the safety of employees who are underground.

(3) If a tunnel is pressurized, then an employer shall provide all of the following additional locations with a communication system:

(a) The working chamber side of the manlock near the door.

(b) The interior of all locks.

(c) The lock attendant’s station.

(d) The compressor plant.

(e) The first aid station.

(4) Communication systems shall be tested upon initial entry of each shift to the underground, and as often as necessary thereafter, to ensure that they are in working order.

(5) An employee who works alone underground in a hazardous location and who is both out of the range of natural unassisted voice communication and not under observation by other persons shall be provided with an effective means of obtaining assistance in an emergency.

(6) If a gassy condition exists, then all phones that are located within the tunnel shall conform to the United States Bureau of Mines Schedule 9b, Part 23 of the provisions of 30 C.F.R., Mineral Resources, Parts 1-199 “Mine Safety and Health Administration, Department of Labor,” as adopted in R 408.41410. The telephone or other signal communication systems shall be independent of the tunnel power supply and shall be installed so that the use or disruption of any one phone or signal location will not disrupt the operation of the system from any other location.

History

• History: 1979 AC; 1984 AACS; 1993 AACS; 2003 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41465 Protective clothing or equipment {#sec-r-408.41465 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41465}

Rule 1465. An employee working in a wet shaft, tunnel, or caisson shall wear safety toe rubber boots which have flat gripper-type soles and which are provided by the employer, at no expense to the employee.

History

• History: 1979 AC; 1982 AACS; 1984 AACS; 2003 AACS; 2013 AACS.

Mich. Admin. Code R 408.41466 Electrical requirements {#sec-r-408.41466 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41466}

Rule 1466. (1) A power line shall be well separated or insulated from water lines, telephone lines, and air lines.

(2) Lighting circuits shall be located so that the movement of personnel or equipment will not damage the circuits or disrupt service.

(3) Electrical equipment and wiring shall be installed and maintained as prescribed in the provisions of subparts F to J of part 77 of the provisions of 30 C.F.R., Mineral Resources, Parts 1-199 “Mine Safety and Health Administration, Department of Labor,” as adopted in R 408.41410. The provisions of subparts F to J are adopted with the following amendments:

(a) Article 305-1(a) is amended to read as follows: Temporary electrical power and lighting installations shall be permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities which are located at ground level and which are part of facilities used for the construction of tunnels, shafts, and cofferdams.

(b) Article 310-15, is amended to read as follows: The maximum continuous ampacities for copper, aluminum, and copper-clad aluminum conductors shall be as specified in table 310-16 to 310-19 and accompanying notes 1 to 12. Power and lighting circuits may be loaded to the maximum design temperatures of the wire or cable insulation under the following conditions:

(i) A means shall be provided to disconnect the load if the feeder cable exceeds design temperature by more than 10% for 1 minute.

(ii) Power cable shall have a grounding and a pilot wire that conforms to the Insulated Power Cable Engineers Association (IPCEA) type G grounded cable (G-GC) or equivalent.

(iii) Power cable shall have a loose connector emergency shutdown ability.

(iv) Power cable shall have a ground fault emergency shutdown ability.

(v) Power cable shall have an arc between phases emergency shutdown ability.

(c) Oil filled transformers shall not be used underground unless they are located in a fire-resistant enclosure suitably vented to the outside and surrounded by a dike to retain the contents of the transformer in the event of rupture.

(4) All electrical power circuits that supply portable or hand-held tools, lights, or equipment shall be protected by approved ground-fault interrupters as prescribed in Construction Safety Standard Part 17 “Electrical Installations,” as referenced in R 408.41410.

(5) The regular system of illumination shall be supplemented by lighting that can be activated upon the failure of the regular system. Supplemental lighting, such as approved flashlights or lanterns, shall be sufficient to allow all employees to evacuate the tunnel.

(6) Electrical installation in underground areas where oil, grease, or diesel fuel are stored shall be used only for lighting fixtures.

(7) Lighting fixtures in storage areas, or within 25 feet (7.62 meters) of underground areas where oil, grease, or diesel fuel are stored, shall be approved for class I, division 2 locations, as prescribed in Construction Safety Standard Part 17 “Electrical Installations,” as referenced in R 408.41410.

History

• History: 1993 AACS; 2003 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41467 Fire prevention and protection {#sec-r-408.41467 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41467}

Rule 1467. (1) The applicable requirements for fire prevention and protection as prescribed in Construction Safety Standard Part 18. “Fire Prevention and Protection,” as referenced in R 408.41410, shall be complied with in all tunnel and shaft operations.

(2) Smoking and open flames are prohibited. An employer is responsible for collecting all personal sources of ignition, such as matches and lighters, from all persons.

Welding and cutting, where required, shall comply with the provisions of subrules (9) to (14) of this rule. A fire watch shall be maintained when hot work is performed.

(3) Not more than a 1-day supply of diesel fuel shall be stored in a tunnel or shaft.

Gasoline or liquefied petroleum gas shall not be taken in a tunnel or shaft. Acetylene or methylacetylene propadiene stabilized gas may be used underground solely for welding, cutting, and other hot work and only as prescribed in Construction Safety Standard Part 7.

“Welding and Cutting,” as referenced in R 408.41410.

(4) The piping of diesel fuel from the surface to an underground location is permitted only if all of the following provisions are complied with:

(a) Diesel fuel is contained at the surface in a tank with a maximum capacity that is not more than the amount of fuel required to supply, for a 24-hour period, the equipment that is serviced by the underground fueling station.

(b) The surface tank is connected to the underground fueling station by an acceptable pipe or hose system that is controlled at the surface by a valve and at the shaft bottom by a hose nozzle.

(c) The pipe is empty at all times, except when transferring diesel fuel from the surface tank to a piece of equipment in use underground.

(d) Hoisting operations in the shaft are suspended during refueling operations if the supply piping in the shaft is not protected from damage.

(e) Acetylene, liquefied petroleum gas, and methylacetylene propadiene stabilized gas may be used underground only for welding, cutting, and other hot work and only in accordance with subrules (9) to (14) of this rule.

(f) Not more than the amount of fuel gas and oxygen cylinders necessary to perform welding, cutting, or other hot work during the next 24-hour period shall be permitted underground.

(5) Leaks and spills of flammable or combustible fluids shall be cleaned up immediately.

(6) Oil, grease, or diesel fuel that is stored in a tunnel or shaft shall be kept in tightly sealed containers in fire-resistant areas at safe distances from explosives, magazines, electrical installations, and shaft stations. Electrical installations in underground areas where oil, grease, or diesel fuel are stored shall be used only for lighting fixtures.

Lighting fixtures in storage areas, or within 25 feet (7.62 meters) of underground areas where oil, grease, or diesel fuel are stored, shall be approved for class I, division 2 locations.

(7) Fire-resistant hydraulic fluids shall be used in hydraulically actuated underground machinery and equipment. For the purpose of this requirement, a fireresistant hydraulic fluid means any liquid which has a flash point above 200 degrees Fahrenheit and which has a vapor pressure of not more than 40 p.s.i. (absolute) at 100 degrees Fahrenheit.

(8) An approved 4A:40B:C rating fire extinguisher or equivalent protection shall be provided at the drive pulley of an underground conveyor and at 300-foot intervals along the belt. A minimum of 2 2A-10BC approved fire extinguishers shall be provided at the tunneling machine.

(9) Internal combustion engines, except diesel-powered engines on mobile equipment, are prohibited underground.

(10) Mobile diesel-powered equipment used underground in atmospheres other than gassy operations:

(a) Shall comply with MSHA provisions in 30 CFR 57.5067; or (b) If purchased on or before July 15, 2019, may alternatively comply with MSHA provisions under 30 CFR part 32 (revised as of July 1, 1996) (formerly Schedule 24), or be demonstrated by the employer to be fully equivalent to such MSHA-approved equipment, and be operated in accordance with that part.

(11) For purposes of subrules (9) and (10) of this rule, when an applicable MSHA provision uses the term “mine,” use the phrase “underground construction site.” (Each brake horsepower of a diesel engine requires at least 100 cubic feet (2.832 m ) of air per minute for suitable operation in addition to the air requirements for personnel. Some engines may require a greater amount of air to ensure that the allowable levels of carbon monoxide, nitric oxide, and nitrogen dioxide are not exceeded.)

(12) Fire-resistant hydraulic fluids shall be used in hydraulically-actuated underground machinery and equipment unless such equipment is protected by a fire suppression system or by multipurpose fire extinguisher or fire extinguishers of sufficient capacity for the type and size of hydraulic equipment involved, but rated at least 4A:40B:C.

(13) A noncombustible barrier shall be installed below welding or burning operations.

(14) In an underground operation, local gas checks shall be made before and during a welding or cutting operation and during a drilling operation that would penetrate the tunnel.

(15) Whenever 5% or more of the lower explosive limit for methane or other flammable gases is detected in any underground work area or in the air return, an employer shall take steps to increase ventilation air volume or otherwise control the gas concentration, unless the employer is operating in accordance with the potentially gassy or gassy operation requirements. Such additional ventilation controls may be discontinued when gas concentrations are reduced below 5% of the lower explosive limit, but shall be reinstituted whenever the 5% level is exceeded.

(16) Whenever 10% or more of the lower explosive limit for methane or other flammable gases is detected in the vicinity of welding, cutting, or other hot work, such work shall be suspended until the concentration of such flammable gas is reduced to less than 10% of the lower explosive limit.

(17) A fire watch shall be maintained around welding and cutting operations until all possibility of fire is eliminated. The fire watch shall be provided with a minimum of 1 approved 2A-10BC fire extinguisher.

(18) Flammable materials or supplies, other than those used during 1 shift, shall not be stored within 100 feet (30.48 meters) of any tunnel or shaft opening. If this is not feasible because of space limitations on the jobsite, then such materials may be located within the 100 foot limit, if both of the following provisions are complied with:

(a) The materials are located as far as practicable from the opening.

(b) A fire resistant barrier of not less than a 1-hour rating is placed between the stored material and the opening or additional precautions are taken that will protect the materials from ignition sources.

History

• History: 1993 AACS; 2003 AACS; 2013 AACS; 2014 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41468 Rescinded {#sec-r-408.41468 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41468}

TUNNELS AND SHAFTS

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41471 Ground support; inspections; repairs {#sec-r-408.41471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41471}

Rule 1471. (1) A qualified employee shall inspect the roof, face, and walls of portals, work areas, and haulage ways, or travel-ways at the start of each shift and frequently thereafter as needed. If loose soil or rock or fractured material is encountered, then it shall be scaled or protected and supported. The employee conducting the inspections shall be protected from loose ground by location, ground support, or equivalent means. Suitable protection shall be provided for employees exposed to the hazard of loose ground while installing ground support systems. Support sets shall be installed so that the bottoms have sufficient anchorage to prevent ground pressures from dislodging the support base of the sets. Lateral bracing (collar bracing, tie rods, or spreaders) shall be provided between immediately adjacent sets to ensure added stability.

Damaged or dislodged ground supports that create a hazardous condition shall be promptly repaired or replaced. When replacing supports, the new supports shall be installed before the damaged supports are removed. A shield or other type of support shall be used to maintain a safe travel way for employees working in dead-end areas ahead of any support replacement operation.

(2) A scaling bar shall be in good condition. A blunted or severely worn bar shall not be used.

(3) A torque meter and a torque wrench shall be available where rock bolts are used for ground support. Frequent tests shall be made to determine if the bolts are tight. The test frequency shall be determined by rock conditions and distance from vibration sources.

(4) A damaged or dislodged tunnel support shall be repaired or replaced when structural integrity is impaired. A new support shall be installed if possible before removing damaged supports.

(5) Tunnel supports shall be designed and installed to prevent pressure from pushing them inward into the excavation.

(6) Roof supports shall be used where ground conditions are such that there could be a ground failure ahead of tunnel sets.

(7) A tunnel that is to be occupied by employees shall be provided with a steel casing, concrete pipe, timber, or other material of required strength to support the surrounding earth.

(8) If an employee is required to enter a tunnel or an auger boring and jacking operation less than 3 feet in diameter, then a lifeline for instant rescue shall be securely fastened to his or her ankles. Another employee shall be stationed at the tunnel entrance to operate the lifeline. In addition, ventilation shall be provided with an air line.

History

• History: 1979 AC; 2003 AACS; 2019 AACS.

Mich. Admin. Code R 408.41472 Shafts; supports; inspections; lifelines {#sec-r-408.41472 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41472}

Rule 1472. (1) A shaft that an employee is required to enter shall be provided with steel casing, concrete pipe, timber, or other material that is strong enough to support the surrounding earth.

(2) A shaft that is more than 5 feet in depth shall be braced to support the surrounding earth. The bracing shall be provided the full depth of the shaft, or, if rock is encountered, to not less than 5 feet into solid rock, and shall extend not less than 1 foot above the ground level.

(3) After a blasting operation, the bracing shall be inspected. If the bracing is found to be unsafe, then corrections shall be made before the shift operations are continued.

(4) A shaft or caisson shall be protected with a guardrail system as prescribed in Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.41410, or barricaded as prescribed in Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41410. A gate opening into the shaft shall be provided and shall be closed at all times, except when necessary to enter or leave the shaft or caisson.

History

• History: 1979 AC; 1982 AACS; 1984 AACS; 1996 AACS; 2003 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41473 Drilling; inspection; jumbos {#sec-r-408.41473 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41473}

Rule 1473. (1) Drilling equipment that is to be used during a shift shall be inspected each shift by a qualified employee. Equipment defects affecting safety shall be corrected before the equipment is used.

(2) The drilling area shall be inspected for hazards before starting the drilling operation.

(3) An employee shall not be allowed on a drill mast while the drill is in operation.

(4) When a drill is moved from one area to another, drill steel, tools, and other equipment shall be secured, and the mast shall be placed in a safe position.

(5) Drills on columns or stiff legs shall be anchored firmly before drilling is started and they shall be retightened frequently thereafter.

(6) A jumbo deck more than 5 feet high shall be provided with guardrails on all open sides and on the back platform. A stair or ladder access, wide enough for 2 employees, shall be provided to a jumbo deck 10 feet or more in height.

(7) A jumbo deck, ladders, and stairs shall be kept clean to prevent the hazard of slipping and tripping. The deck shall be an anti-slip type and the deck shall be secured to prevent displacement.

(8) A mechanical means shall be provided for lifting drills, roof bolts, mine straps, and other unwieldy heavy material to the top deck of a jumbo more than 10 feet in height.

(9) Receptacles or racks shall be provided for drill steel stored on a jumbo.

(10) When a jumbo is moved, a rider shall not be allowed on the jumbo unless the employee is assisting the operator.

(11) Jumbo wheels shall be chocked while an employee is working on the jumbo.

(12) Before the drilling cycle is started, a warning shall be given to employees working under jumbo decks.

(13) Before commencing a drilling cycle, the face and lifters shall be examined for misfires. If found, the misfired explosive shall be removed before the drilling starts. A lifter shall not be drilled through a blasted muck pile.

(14) An air line that is buried in the invert shall be identified by signs posted nearby warning all employees.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41474 Blasting {#sec-r-408.41474 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41474}

Rule 1474. (1) All blasting and explosives handling shall be conducted as prescribed in Construction Safety Standard Part 27 “Blasting and Use of Explosives,” as referenced in R 408.41410.

(2) An employer shall not allow an employee to enter a shaft or a tunnel heading after blasting until air quality meets minimum requirements.

(3) Blasting wire shall be kept clear of electrical lines, pipes, rails, and other conductive material, excluding earth, to prevent explosives initiation or employee exposure to electric current.

(4) After blasting operations in shafts, a competent person shall determine if the walls, ladders, timbers, blocking, or wedges have loosened. If so, necessary repairs shall be made before employees other than those assigned to make the repairs are allowed in or below the affected areas.

History

• History: 1979 AC; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.41475 Haulage; inspection; braking; riding {#sec-r-408.41475 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41475}

Rule 1475. (1) Haulage equipment that is to be used during a shift shall be inspected by a qualified person before the start of the shift. Known defects that affect the safety of employees shall be corrected before the equipment is used.

(2) A powered locomotive or other mobile equipment shall be provided with suitable brakes, an audible warning device for use by the operator as needed, and lights at both ends.

(3) Powered mobile haulage equipment that is subject to falling materials shall be equipped with a cab, canopy, or other protective device that is capable of protecting the operator from shifting or falling materials. For cabs where glazing is used, the glass shall be safety glass, or its equivalent, and shall be maintained and cleaned so that vision is not obstructed.

(4) Powered mobile equipment shall not be left unattended unless the power is off, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken to prevent rolling. The operating controls shall be designed to automatically return to a neutral position or shall be equipped with a deadman control.

(5) Backstops or automatic braking shall be installed on an inclined conveyor to prevent the conveyor from running out of control and creating a hazard for the employee.

(6) An employee shall not ride on either of the following unless specifically designed or adapted for transporting employees:

(a) A power-driven chain, belt, or bucket conveyor.

(b) Haulage equipment. An employee shall not ride haulage equipment unless it is equipped with seating for each passenger and protects passengers from being struck, crushed, or caught between other equipment or surfaces.

(7) An employer shall not use an endless belt-type man lift in underground construction.

(8) Cars that are dumped by hand shall be provided with tie-down chains or dumper blocks to prevent the cars from overturning.

(9) A rocker bottom or bottom-dump car shall be equipped with positive-locking devices.

(10) Equipment that is to be hauled shall be loaded or protected so as to prevent sliding or spillage.

(11) Parked rail haulage equipment shall be chocked or chained if subject to accidental movement.

(12) Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent overtravel or overturning at dumping locations and, where necessary, at track dead ends.

(13) Supplies, materials, and tools, other than small hand tools, shall not be transported with employees in the same car and shall not be transported on top of a locomotive.

(14) A train that is used on an incline which would cause the cars to run out of control shall, in addition to couplings, have safety chains, or the equivalent, to connect the cars and the power haulage equipment in a train. The safety chains or other connections shall be capable of maintaining connection between cars in the event of coupler disconnect, failure, or breakage.

(15) When an employee is being transported in a train, the operator shall have clear vision beyond the forward end of the train for safe operation.

(16) Mobile equipment, including rail-mounted equipment, shall be stopped for manual connecting or service work.

(17) Employees shall not reach between moving cars during coupling operations.

(18) Couplings shall not be aligned, shifted, or cleaned when cars or locomotives are moving.

(19) Where switching facilities are available, occupied personnel cars shall be pulled, not pushed. If occupied personnel cars must be pushed and the visibility of the track is hampered, then a qualified person shall be stationed in the lead car to give signals to the locomotive operator.

History

• History: 1979 AC; 1984 AACS; 1993 AACS; 2003 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41475a Hoisting unique to underground construction {#sec-r-408.41475a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41475a}

Rule 1475a. Except as modified by this standard, employers shall comply with all of the following:

(a) The requirements of Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.41410, (b) Ensure that material hoists comply with Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.41410.

(c) Ensure that personnel hoists comply with the personnel hoists requirements of Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.41410.

History

• History: 2013 AACS; 2014 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41476 General requirements for cranes and hoists {#sec-r-408.41476 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41476}

Rule 1476. (1) A competent person shall check each safety device at least weekly during hoist use to ensure suitable operation and safe condition.

(2) Before hoisting personnel or material, the operator shall perform a test run of any cage or skip whenever it has been out of service for one complete shift, and whenever the assembly or components have been repaired or adjusted.

(3) An employee shall not ride on a material hoist, unless the hoist is in compliance with the requirements of R 408.41478(1).

(4) Before maintenance, repairs, or other work is commenced in the shaft that is served by a hoist, the hoist operator shall be informed of the maintenance, repairs, or other work and given suitable instructions. A sign warning that work is being done in the shaft shall be installed at the shaft collar, at the operator’s station, and at each underground landing.

(5) Employees who are at the bottom of an excavated shaft shall be protected from the movement of equipment, tools, or materials overhead or the shaft shall be vacated during the operations that may be hazardous to persons below.

(6) If an employee is raised or lowered in a shaft, then all other hoisting operations in the shaft shall be stopped until the employee has disembarked at the bottom or top of the shaft.

(7) When a stationary hoist is being used, the drum-operating lever shall be of a type that returns automatically to the “stop” position when the operator’s hand is removed, unless, as a substitute, the throttle that controls the drum speed automatically stops the drum and slows the engine to idling speed when the throttle is released.

(8) Only wire rope shall be used for hoisting and it shall be properly secured at both the drum and cage or skip ends. When the hoist is in use, not less than 2 full turns shall remain on the conventional drum hoist to protect the end that fastens at the drum from an overload.

(9) The connection between the hoisting rope and the cage or skip shall be of a type to prevent the cage from spinning.

(10) All hoists shall be equipped with a landing level indicator at the operator’s station. Marking the hoist rope does not satisfy this requirement.

(11) Limit switches shall be used only to limit travel of loads when operational controls malfunction and shall not be used as a substitute for other operational controls.

(12) A warning light, suitably located to warn employees at the shaft bottom and subsurface shaft entrances, shall flash if a load is above the shaft bottom or subsurface entrances or if the load is being moved in the shaft. This subrule does not apply to fully enclosed hoistways.

(13) If a hoistway is not fully enclosed and employees are at the shaft bottom, then conveyances or equipment shall be stopped not less than 15 feet above the bottom of the shaft and held there until the signalperson at the bottom of the shaft directs the operator to continue lowering the load, except that the load may be lowered without stopping if the load or conveyance is within full view of a bottom signalperson who is in constant voice communication with the operator.

(14) Cage, skips, and load connections to the hoist rope shall be made so that the force of the hoist pull, vibration, misalignment, release of lift force, or impact will not disengage the connection. Moused or latched open-throat hooks do not meet this requirement.

(15) When using wire rope wedge sockets, means shall be provided to prevent wedge escapement and to ensure that the wedge is properly seated.

(16) Hoists shall be designed so that the load hoist-drum is powered in both directions of rotation and so that the brakes are automatically applied upon power release or failure.

(17) When a hoist is used for both personnel hoisting and material hoisting, the load and speed ratings for personnel and for materials shall be assigned to the equipment.

(18) Employees shall not ride on top of any cage, skip, or bucket, except when necessary to perform inspection or maintenance of the hoisting system, in which case they shall be protected by a body belt/harness fall prevention system.

(19) Material, tools, and supplies being raised or lowered, whether within a cage or otherwise, shall be secured or stacked in a manner to prevent the load from shifting, snagging, or falling into the shaft.

(20) Any connection between the hoisting rope and the cage or skip shall be compatible with the type of wire rope used for hoisting.

(21) Spin-type connections, where used, shall be maintained in a clean condition and protected from foreign matter that could affect their operation.

History

• History: 1979 AC; 1984 AACS; 1993 AACS; 2003 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41477 Additional requirements for hoists {#sec-r-408.41477 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41477}

Rule 1477. (1) A hoist used for raising or lowering materials in a shaft shall have a minimum factor of safety of 5, shall be designed and rated by a qualified engineer, and shall be constructed in accordance with the design. The design shall be constructed so that the hoist cannot exceed the maximum rated speed.

(2) The rated capacity of the hoist shall be posted at all working levels.

(3) To ensure suitable operation and safe condition of all functions and safety devices, each hoist assembly shall be inspected and load-tested to 100% of its rated capacity at the time of installation; after any repairs or alterations affecting its structural integrity; after the operation of any safety device; and annually when in use. The employer shall prepare a certification record which includes the date each inspection and load-test was performed; the signature of the person who performed the inspection and test; and a serial number or other identifier for the hoist that was inspected and tested.

The most recent certification record shall be maintained on file until completion of the project.

(4) A competent person designated by the employer shall visually inspect the stationary hoist assembly, anchorages, and hoisting rope at the beginning of each shift.

(5) All unsafe conditions that are revealed by tests, checks, or inspections shall be corrected before use of the equipment.

(6) Hoist equipment and the operator shall be protected from inclement weather by a hoist house with a comfortable temperature maintained.

(7) Where glass is used in hoist house windows, the glass shall be safety glass or its equivalent.

(8) Hoist controls shall be arranged so that the operator can perform all operating cycle functions and reach the emergency power cutoff without having to reach beyond the operator’s normal operating position.

(9) Controls for powered hoists shall be of the deadman-type with a non-locking switch or control.

(10) All hoists shall be equipped with landing level indicators at the operator’s station. Marking the hoist rope does not satisfy this requirement.

(11) Material hoisting may be performed at speeds higher than the rated speed for personnel hoisting if the hoist and components have been designed for such higher speeds and if shaft conditions permit.

(12) Personnel and materials (other than small tools and supplies secured in a manner that will not create a hazard to employees) shall not be hoisted together in the same conveyance. However, if the operator is protected from the shifting of materials, then the operator may ride with materials in cages or skips which are designed to be controlled by an operator within the cage or skip.

(13) Line speed shall not exceed the design limitations of the systems.

(14) A fire extinguisher that is rated at least 2A:10B:C, multi-purpose, dry chemical, shall be mounted in each hoist house.

(15) Hoists shall be equipped with limit switches to prevent overtravel at the top and bottom of the hoistway.

(16) Hoist operators shall be provided with a closed-circuit voice communication system to each landing station, with speaker microphones located so that the operator can communicate with individual landing stations during hoist use.

(17) When sinking shafts 75 feet (22.86 m) or less in depth, cages, skips, and buckets that may swing, bump, or snag against shaft sides or other structural protrusions shall be guided by fenders, rails, ropes, or a combination of those means.

(18) When sinking shafts more than 75 feet (22.86 m) in depth, all cages, skips, and buckets shall be rope or rail guided to within a rail length from the sinking operation.

(19) Cages, skips, and buckets in all completed shafts, or in all shafts being used as completed shafts, shall be rope or rail-guided for the full length of their travel.

(20) Wire rope used in load lines of material hoists shall be capable of supporting, without failure, at least 5 times the maximum intended load or the factor recommended by the rope manufacturer, whichever is greater. Refer to Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.41410, for design factors for wire rope used in personnel hoists. The design factor shall be calculated by dividing the breaking strength of wire rope, as reported in the manufacturer's rating tables, by the total static load, including the weight of the wire rope in the shaft when fully extended.

History

• History: 1979 AC; 2003 AACS; 2013 AACS; 2014 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41477a Additional requirements for cranes {#sec-r-408.41477a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41477a}

Rule 1477a. Cranes shall be equipped with a limit switch to prevent overtravel at the boom tip. Limit switches are to be used only to limit travel of loads when operational controls malfunction and shall not be used as a substitute for other operational controls.

History

• History: 2013 AACS.

Mich. Admin. Code R 408.41478 Additional requirements for personnel hoists {#sec-r-408.41478 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41478}

Rule 1478. (1) A personnel hoist shall be used to raise or lower an employee in a tunnel shaft or caisson. A crane may be used to raise or lower an employee, if the crane and the work platform are as prescribed in Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.41410. The hoist shall comply with 1967 PA 227, MCL 408.801 to 408.824, and the elevator safety rules of the Bureau of Construction Codes, Elevator Safety Board, R 408.7001 to R 408.8695.

(2) All sides of personnel cages shall be enclosed by 1/2-inch (12.70 mm) wire mesh, at least no. 14 gauge or its equivalent, to a height of at least 6 feet (1.83 m). When the cage or skip is being used as a work platform, its sides may be reduced in height to 42 inches (1.07 m) when the conveyance is not in motion. All personnel cages shall be provided with a positive-locking door that only opens inward.

(3) Flammable or combustible liquids or gases shall not be permitted on the work platform if the platform is occupied by an employee or employees.

(4) Hoist drum systems shall be equipped with at least 2 means of stopping the load, each of which shall be capable of stopping and holding 150 % of the hoist’s rated line pull. A broken-rope safety, safety catch, or arrestment device is not a permissible means of stopping.

(5) The operator shall remain within sight and sound of the signals at the operator’s station.

(6) All personnel cages shall be provided with a protective canopy. The canopy shall be made of steel plate, at least 3/16-inch (4.763 mm) in thickness, or material of equivalent strength and impact resistance. The canopy shall be sloped to the outside, and so designed that a section may be readily pushed upward to afford emergency egress. The canopy shall cover the top in such a manner as to protect those inside from objects falling in the shaft.

(7) Personnel platforms operating on guide rails or guide ropes shall be equipped with broken-rope safety devices, safety catches or arrestment devices that will stop and hold 150 % of the weight of the personnel platform and its maximum rates load.

(8) During sinking operations in shafts where guides and safeties are not yet used, the travel speed of the personnel platform shall not exceed 200 feet (60.96 m) per minute.

Governor controls set for 200 feet (60.96 m) per minute shall be installed in the control system and shall be used during personnel hoisting.

(9) The personnel platform may travel over the controlled length of the hoistway at rated speeds up to 600 feet (182.88 m) per minute during sinking operations in shafts where guides and safeties are used.

(10) The personnel platform may travel at rated speeds greater than 600 feet (182.88m) per minute in completed shafts.

History

• History: 1979 AC; 1984 AACS; 1993 AACS; 1996 AACS; 2003 AACS; 2013 AACS; 2014 AACS; 2021 MR 4, Eff. Mar. 2, 2021.

Mich. Admin. Code R 408.41479 Flooding; safety screens; runways {#sec-r-408.41479 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41479}

Rule 1479. If there is a danger of rapid flooding in a tunnel that has a bore of 16 feet or more in diameter, then the employer shall provide both of the following:

(a) A runway from the face to the bulkhead as high in the tunnel as practicable to maintain not less than a 6-foot vertical clearance from the surface of the runway upward to the surface of the tunnel. The runway shall be constructed of noncombustible material and shall have a standard railing installed securely along the length of the runway as prescribed in Construction Safety Standard Part 21 “Guarding of Walking and Working Areas,” and Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.41410. If the runway is ramped under a safety screen, then the surface shall be made slip-resistant by cleats or other equivalent means.

(b) Metal safety screens or other equivalent means installed with the bottom of the screen 4 feet above the surface of the runway. The first screen shall be located not less than 400 feet from the face of the tunnel.

COFFERDAMS AND CAISSONS

History

• History: 1979 AC; 1984 AACS; 1996 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.41481 Cofferdams {#sec-r-408.41481 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41481}

Rule 1481. (1) A cofferdam shall be designed by a qualified engineer and shall be constructed and maintained in accordance with the design.

(2) If overtopping of the cofferdam by high waters is possible, then means shall be provided for controlled flooding of the work area.

(3) The employer shall develop and post warning signals for the evacuation of employees in case of an emergency.

(4) A cofferdam shall have not less than 2 means of egress.

Runways, bridges, or ramps shall be provided with guardrails as prescribed in Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.41410.

(5) If cofferdams are located close to navigable shipping channels, then warning devices that are visible to vessels in transit shall be provided.

History

• History: 1979 AC; 1984 AACS; 1996 AACS; 2003 AACS; 2014 AACS.

Mich. Admin. Code R 408.41482 Caisson excavation; employee protection {#sec-r-408.41482 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41482}

Rule 1482. (1) An employee who enters a caisson shall be protected by a steel or concrete casing designed by a qualified employee and approved by a registered engineer.

(2) A copy of the design specifications of the casing shall be maintained at the jobsite.

(3) In the case of belled-bottom caissons, the steel or concrete casing shall be provided for the full depth of that part of each caisson hole that is above the bell.

(4) An employer shall not permit an employee to work below the casing in running or unstable soil.

(5) The steel or concrete caisson shall extend not less than 12 inches above the ground line.

(6) Each employee who is required to enter a caisson excavation shall have a lanyard attached to a body harness and to the load line of a crane. The attachment to the load line shall utilize a screwpin shackle.

(7) An employee whose lanyard is attached to the load line of a crane shall be permitted to be lowered to the bottom of the caisson in the muck bucket.

(8) The maximum rate of travel when lowering an employee shall be 100 feet per minute. Free-spooling when lowering employees into a caisson is prohibited.

(9) All employees shall be removed from the caisson when material is being hoisted from the caisson.

(10) A secondary mechanical means that is capable of removing an employee from the caisson shall be readily available in case the crane performing the caisson work breaks down.

(11) A top person shall be stationed at the caisson and shall constantly monitor any employees who are in the caisson.

(12) A positive means of communication shall be maintained between employees working in the caisson and the top person.

(13) The air quality of a caisson shall be tested and maintained in accordance with Occupational Health Standard Part 665 “Underground Construction, Caissons, Cofferdams, and Compressed Air,” as referenced in R 408.41410.

(14) Where space permits, a caisson shall have a stairway for its entire height and shall have landing platforms not more than 20 feet apart. Where this is impracticable, a ladder shall be installed and landing platforms shall be located not more than 20 feet apart to break the climb.

History

• History: 1979 AC; 1984 AACS; 1996 AACS; 2013 AACS; 2014 AACS.

Mich. Admin. Code R 408.41483 Caissons used under pressure {#sec-r-408.41483 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41483}

Rule 1483. (1) A caisson used under pressure shall be subjected to a hydrostatic test equal to 200% of the working pressure before being used on a job, at which pressure it shall be tight. The caisson shall be stamped on the outside shell about 12 inches from each flange to show the pressure to which it has been subjected.

(2) All caissons that have a diameter or side greater than 10 feet shall be provided with a man lock and shaft for the exclusive use of employees. In addition to the gauge in the locks, an accurate gauge shall be maintained on the outer and inner side of each bulkhead. These gauges shall be accessible at all times and kept in accurate working order.

(3) In caisson operations where employees are exposed to compressed air working environments, employers shall comply with Occupational Health Standard Part 665 “Underground Construction, Caissons, Cofferdams, and Compressed Air,” as referenced in R 408.41410.

History

• History: 1989 AACS; 2003 AACS; 2014 AACS.

R 408.41501 to R 408.41595 Part 15 Excavators, Hoists, Elevators, Helicopters, and Conveyors

Mich. Admin. Code R 408.41501 Scope {#sec-r-408.41501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 15. EXCAVATORS, HOISTS, ELEVATORS, HELICOPTERS, AND

CONVEYORS

GENERAL PROVISIONS

Rule 1501. (1) This part applies to mobile hydraulic excavators, personnel hoists, material hoists, elevators, helicopters, conveyors, and variations of such equipment when used during construction operations.

(2) This part applies to equipment included in subrule (1) of this rule when used with any attachment, whether mechanically attached or suspended.

(3) These rules do not cover any of the following:

(a) Equipment included in Construction Safety Standard Part 10 “Cranes and Derricks,” as referenced in R 408.41505.

(b) Excavation equipment other than mobile hydraulic excavators, such as wheel loaders and backhoes. This equipment is covered in Construction Safety Standard Part 13 “Mobile Equipment,” as referenced in R 408.41505.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41505 Adopted and referenced standards {#sec-r-408.41505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41505}

Rule 1505. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) Power Crane and Shovel Association (PCSA) standard No. 5 “Mobile Hydraulic Excavator Standards,” 1983 edition and “Referenced Material for PCSA Standards No. 4 and No. 5”, 1982 edition. Cost: $25.00.

(b) American National Standards Institute (ANSI) standard A10.4 “Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations,” 2004 edition. Cost: $128.00.

(c) ANSI/American Society of Safety Engineers standard (ASSE) A10.5 “Safety Requirements for Material Hoists,” 1992 edition. Cost: $69.00.

(d) ANSI/American Society of Mechanical Engineers (ASME) A17.1 “Safety Code for Elevators and Escalators, Includes Requirements for Elevators, Escalators, Dumbwaiters, Moving Walks, Material Lifts, and Dumbwaiters with Automatic Transfer Devices,” 1965 edition with addenda A17.1a-1967, A17.1b-1968, A17.1c-1969, and A17.1d-1970. Cost: $281.00.

(e) ANSI/ASME A17.2 “Guide for Inspection of Elevators, Escalators, and Moving Walks - Includes Inspection Procedures for Electric Traction and Winding Drum Elevators, Hydraulic Elevators, Inclined Elevators, Private Residence Elevators, and Escalators and Moving Walks,” 1960 edition with addenda A17.2a-1965, and A17.2b-1967. Cost: $96.00.

(f) ANSI B20.1, “Safety Standard for Conveyors, and Related Equipment,” 1999 edition.

Cost: $52.00.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 10 “Cranes and Derricks,” R 408.41001 to R 408.41099a.

(b) Construction Safety Standard Part 13 “Mobile Equipment,” R 408.41301.

(c) Construction Safety Standard Part 18 “Fire Protection and Prevention,” R 408.41801 to R 408.41884.

(d) Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,”

R 408.42201 to R 408.42243.

Editor's Note: An obvious error in R 408.41505 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 6. The memorandum requesting the correction was published in Michigan Register, 2016 MR 7.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41510 Definitions; generally {#sec-r-408.41510 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41510}

Rule 1510. (1) “Competent person” means a person who is trained, experienced, and capable of identifying existing or potential hazards in the surroundings or under working conditions that are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them.

(2) "Operator" means a person who is operating the equipment.

(3) "Power lines" means electric transmission and distribution lines.

(4) “Qualified person” means a person who, through attainment of a recognized degree or certificate of professional standing or by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter and work.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41515 Power line clearances; generally {#sec-r-408.41515 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41515}

Rule 1515. (1) When working in proximity to power lines, all equipment covered by this part shall maintain clearances as prescribed in Table A “Minimum Clearance Distances.”

(2) When traveling with no load in proximity to power lines, all equipment covered by this part shall maintain clearances as prescribed in Table B “Minimum Clearance Distances While Traveling with No Load.”

(3) The employer shall designate an employee to observe the clearance and give timely warning if it is difficult for the operator to maintain the prescribed clearance by visual means.

TABLE A

MINIMUM CLEARANCE DISTANCES

Voltage (nominal, kV, alternating current)

Minimum clearance distance (feet) up to 50 10 over 50 to 200 15 over 200 to 350 20 over 350 to 500 25 over 500 to 750 35 over 750 to 1,000 45 over 1,000 (as established by the utility owner or operator or registered professional engineer who is a qualified person with respect to electrical power transmission and distribution)

Note: The value that follows ‘‘to’’ is up to and includes that value.

For example, over 50 to 200 means up to and including 200kV.

TABLE B

MINIMUM CLEARANCE DISTANCES WHILE TRAVELING WITH NO LOAD

Voltage (nominal, kV, alternating current)

Minimum clearance distance (feet) while traveling Up to 0.75 4 Over .75 to 50 6 Over 50 to 345 10 Over 345 to 750 16 Over 750 to 1,000 20 Over 1,000 (as established by the utility owner or operator or registered professional engineer who is a qualified person with respect to electrical power transmission and distribution)

EXCAVATORS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41520 Scope {#sec-r-408.41520 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41520}

Rule 1520. This section applies to mobile hydraulic excavators when used during construction operations.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41521 Definition {#sec-r-408.41521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41521}

Rule 1521. “Excavator”, for the purposes of this standard, means mobile hydraulic excavator, either crawler or rubber-tire mounted. An excavator is a self-propelled machine with an upper structure capable of continuous rotation and which digs, elevates, swings, and dumps material by action of the boom and arm or telescoping boom with bucket. Equipment that does not rotate 360 degrees, such as rubber-tired backhoe, is not considered to be an excavator.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41522 Operator training {#sec-r-408.41522 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41522}

Rule 1522. An employer shall assure that a prospective operator, before being assigned as an operator of an excavator, has been trained in all of the following areas:

(a) The capabilities of equipment and attachments.

(b) The purpose, use, and limitations of controls.

(c) The making of daily inspections.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41523 Inspection requirements {#sec-r-408.41523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41523}

Rule 1523. (1) A thorough, annual inspection of all excavators shall be made by a qualified person. An employer shall maintain, on the jobsite or attached to the equipment, a copy of the latest equipment inspection record with the date and results for each piece of equipment.

(2) The inspection procedure for excavators in regular service is divided into 2 general classifications based upon the intervals and inspection that should be performed. The intervals in turn are dependent upon the nature of the critical components of the excavator and the degree of their exposure to wear, deterioration, or malfunction. The 2 general classifications are designated in these rules as “frequent” and “periodic,” with respective intervals between inspections as follows:

(a) Frequent inspection – daily to monthly intervals.

(b) Periodic inspection – 1 to 12-month intervals, or as specifically recommended by the manufacturer.

(3) All of the following items on all boom-equipped excavators shall be inspected at frequent intervals:

(a) All control mechanisms shall be inspected daily for maladjustment that interferes with proper operation.

(b) All control mechanisms shall be inspected daily for excessive wear of components and contamination by lubricants or other foreign matter.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41524 Fire protection {#sec-r-408.41524 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41524}

Rule 1524. A portable fire extinguisher with a rating of not less than 10BC shall be kept in the cab or operating enclosure or within a 200-foot radius of the excavator.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41525 Hand signals {#sec-r-408.41525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41525}

Rule 1525. When using hand signals, the signal person, operator, or lift director shall use 1 of the following methods:

(a) Standard hand signals for excavators as shown in Appendix A.

(b) Non-standard hand signals. When used, the signal person, operator, and lift director, when there is one, shall contact each other prior to the operation and agree on the non-standard hand signals that will be used.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41526 Operations {#sec-r-408.41526 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41526}

Rule 1526. (1) An operator shall not leave an excavator unattended with the boom or load suspended above the ground, floor, or platform during working operations. The operator shall not leave a bucket or blade suspended above the ground when a machine is unattended.

(2) Windows of an excavator shall be equipped with safety glass or its equivalent. Visual distortions that are caused by broken or defective glass and which would affect the safe operation of the equipment when in use shall be corrected.

(3) An employee shall not be permitted under a suspended load.

(4) The boom or bucket shall not be used for hoisting or transporting employees.

(5) An excavator shall not be loaded beyond the rated load.

(6) Hooks that are attached to the bucket or boom that are used for hoisting material shall be equipped with self-closing latches or their equivalent where employees are exposed.

(7) Materials being hoisted shall be rigged to prevent unintentional displacement.

(8) A load shall not be moved in a manner that could contact obstructions.

(9) An employer shall comply with the requirements of the Power Crane and Shovel Association (PCSA) standard No. 5 “Mobile Hydraulic Excavator Standards,” 1983 edition and “Referenced Material for PCSA Standards No. 4 and No. 5”, 1982 edition as adopted in R 408.41505.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41527 Pinch point and struck by protection {#sec-r-408.41527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41527}

Rule 1527. If an employee could be struck by the rotating superstructure of an excavator or if clearances between the rotating or moving structure of an excavator can create a pinch point for an employee, the employer shall do either of the following:

(a) Barricade the hazardous area.

(b) Train and instruct each employee to stay out of the danger area and require a danger sign, as prescribed in Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41505, be affixed to the rear and sides of the house and counterweight.

The danger sign shall have additional lettering to indicate that the counterweight is swinging.

HOISTS AND ELEVATORS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41530 Scope; material hoists, personnel hoists, and elevators {#sec-r-408.41530 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41530}

Rule 1530. This section applies to material hoists, personnel hoists, and elevators when used during construction operations.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41531 Definitions {#sec-r-408.41531 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41531}

Rule 1531. (1) "Audible signal" means a signal made by a distinct sound or series of sounds.

Examples include, but are not limited to, sounds made by a bell, horn, or whistle.

(2) “Base” means the mounting flanges or feet for attachment of a hoist to the machine’s supporting structure or foundation.

(3) “Base-mounted drum hoist” means a self-contained lifting unit that has a motor, a drum to receive the lifting cable, and mounting flanges for anchoring.

(4) “Crosshead” means an overhead structural member that supports the hoist platform to which the hoisting or load cables are attached.

(5) “Elevator” means, for the purposes of this standard, a permanently installed or existing passenger or freight elevator used for construction operations.

(6) “Hoist” means a system of power driven drums, gears, cables, chains, or hydraulic cylinders capable of lifting and lowering loads.

(7) “Hoist car” means the load-carrying unit, including its platform, car frame, car enclosure, and car door or gate.

(8) “Hoist tower” means a vertical structure used to support or house the platform and cab of an elevator or hoist.

(9) "Hoisting" means the act of raising, lowering, or otherwise moving a load in the air with equipment covered by this standard. As used in this standard, ‘‘hoisting’’ can be done by means other than wire rope/hoist drum equipment.

(10) “Lockout device” means a positive mechanical method for disconnecting the power supply.

(11) “Material hoist” means a mechanism for use in the hoisting or lowering of construction or demolition material only. A material hoist is equipped with a platform, car, cage, or bucket that moves vertically on guide members.

(12) “Personnel hoist” means a mechanism and its hoistway that is used for raising or lowering personnel or materials, or both, during construction operations, and is equipped with a car that moves vertically on guide members.

(13) “Rated load” for material hoists, personnel hoists, and elevators means the maximum load permitted by the manufacturer’s specifications and by sections 1 to 24 of 1967 PA 227, MCL 408.821 to 408.824, and sections 1 to 10 of 1976 PA 333, MCL 338.2151 to 338.2160, respectively.

(14) “Running rope” means a rope that travels around sheaves or drums.

(15) “Signal system” means an audible or visual method of communication between the equipment operator and the persons on the landing or floors.

(16) “Standing rope” including guy rope, means a supporting rope that maintains a constant distance between the points of attachment to the 2 components connected by the rope.

(17) “Tie-in” means a rigid device used to affix the hoist tower to the structure.

(18) "Wire rope" means a flexible rope constructed by laying steel wires into various patterns of multi-wired strands around a core system to produce a helically wound rope.

GENERAL REQUIREMENTS FOR MATERIAL HOISTS, PERSONNEL HOISTS,

AND ELEVATORS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41540 Operator training and conduct {#sec-r-408.41540 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41540}

Rule 1540. (1) An employer shall limit the operation of material hoists, personnel hoists, and elevators to the following entities:

(a) An employee who has been trained and qualified to operate the hoisting equipment to which the employee is assigned.

(b) Authorized maintenance personnel when performing their duties.

(2) Before assignment, an employer shall assure that an operator of a material and personnel hoist has been trained in all of the following areas:

(a) The capabilities of the equipment.

(b) The purpose, use, and limitations of the controls.

(c) How to conduct daily inspections.

(d) Operational practices of the assigned equipment through its functions necessary to perform the required job.

(e) Applicable state standards and company rules and regulations.

(3) An operator shall not engage in any practice that will divert his or her attention while engaged in operating a material hoist, personnel hoist, or elevator.

(4) Each operator shall be responsible for those operations under the operator’s direct control.

When there is any doubt as to safety, the operator shall stop operations and consult with the supervisor before continuing work.

(5) An operator shall not leave the equipment unattended unless it has been secured and rendered inoperable in the operator’s absence.

(6) When controls are locked out for maintenance or for repair purposes, an equipment operator shall not start operations until the lock has been removed by the person or persons responsible for the safe operation.

(7) If a malfunction occurs during the operation of the equipment and the door remains locked, the operator and all other personnel shall remain in the hoist car until the operation is restored.

(8) An operator shall be familiar with the equipment and its proper care. If adjustments or repairs are necessary or if any defects are evident, the operator shall report the repairs or defects to the responsible supervisor and also notify the next operator of the equipment status.

(9) A hoist operator shall ensure that the rated capacity of the hoist is not exceeded.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41541 Signaling {#sec-r-408.41541 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41541}

Rule 15341. (1) A signal system shall be established and communicated to all affected employees prior to hoisting operations.

(2) The signal system shall be posted at the operator station of the hoist.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41542 Wire rope {#sec-r-408.41542 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41542}

Rule 1542. (1) Wire rope used for material hoists, personnel hoists, and elevators shall be removed from service when any of the following conditions exists:

(a) In hoisting ropes and running ropes, 6 randomly distributed broken wires in 1 rope lay or 3 broken wires in 1 strand in 1 rope lay.

(b) Abrasion, scrubbing, flattening, peening, kinking, crushing, bird caging, or any other damage resulting in distortion of the rope structure and causing loss of more than 1/3 of the original diameter of the outside wires.

(c) Evidence of any heat damage from any cause, including damage resulting from a torch or any damage caused by contact with electrical wires.

(d) Reduction from nominal diameter of more than 3/64 inch for diameters up to and including 3/4 inch; 1/16 inch for diameters 7/8 to 1-1/8 inches; and 3/32 inch for diameters 1-1/4 to 1- 1/2 inches.

(e) In standing ropes, more than 2 broken wires in 1 lay in sections beyond end connections or more than 1 broken wire at an end connection.

(2) Hoisting ropes shall be installed in accordance with the wire rope manufacturers' recommendations.

(3) A wire rope shall be in compliance with all of the following requirements:

(a) The minimum number of hoisting ropes used shall be 3 for traction hoists and 2 for drumtype hoists.

(b) The minimum diameter of hoisting and counterweight wire ropes shall be 1/2-inch.

(c) Not less than 2 ropes shall be used for the counterweights on the rack and pinion.

(d) Safety factors shall be as in Table C “Minimum Factors of Safety for Suspension Wire Ropes”.

(e) The following formula shall be used to calculate the allowable gross load:

L = SN

F L = Allowable gross load S = Manufacturer’s rated breaking strength N = Number of parts of rope F = Safety factor TABLE C MINIMUM FACTORS OF SAFETY FOR SUSPENSION WIRE ROPES Rope speed in feet per minute Minimum Factor of safety 50 7.60 75 7.75 100 7.95 125 8.10 150 8.25 175 8.40 200 8.60 225 8.75 250 8.90 300 9.20 350 9.50 400 9.75 450 10.00 500 10.25 550 10.45 600 10.70

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41543 Manufacturer specifications; rated load; safety devices; postings {#sec-r-408.41543 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41543}

Rule 1543. (1) An employer shall comply with the manufacturer's specifications and limitations applicable to the operation of all material hoists and personnel hoists. If the manufacturer's specifications are not available, then the limitations assigned to the equipment shall be determined by a qualified person who is competent in the field and shall be based on the requirements of ANSI A10.4 “Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition operations,” 2004 edition and ANSI A10.5 “Safety Requirements for Material Hoists,” 1992 edition, as adopted by reference in R 408.41505. A determination shall be documented and recorded.

(2) Attachments used shall not exceed the capacity, rating, or scope recommended by the manufacturer.

(3) The rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be posted on hoist cars.

(4) Safety devices shall not be altered or bypassed unless under the direct supervision of a qualified person.

(5) The installation of live booms on hoists is prohibited.

(6) An employer shall ensure that hoisting equipment and accessories are maintained in a condition that will not endanger an operator or other employees.

MATERIAL HOISTS – ADDITIONAL REQUIREMENTS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41550 Material hoist requirements {#sec-r-408.41550 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41550}

Rule 1550. (1) The material hoist requirements contained in this rule are in addition to the general requirements contained in R 408.41540 to R 408.41543.

(2) An employer shall ensure that operating rules are established and posted at the operator's station of the hoist. Such rules shall include signal system and allowable line speed for various loads. Rules and notices shall be posted on the car frame or crosshead in a conspicuous location, including the statement "No Riders Allowed."

(3) A person shall not be allowed to ride on a material hoist, except for inspection and maintenance.

(4) An overhead protective covering of 2-inch planking or other solid material of equivalent strength shall be provided on the top of every material hoist car.

(5) All entrances of the hoistway shall be protected by substantial gates or bars that shall guard the full width of the landing entrance from floor to ceiling. All hoistway entrance bars and gates shall be painted with diagonal contrasting colors, such as black and yellow stripes.

(6) Gates or bars protecting the entrance to a hoistway shall be equipped with a latching device and be not more than 4 inches from the edge of the landing sill. A gate shall extend a minimum of 6 feet 8 inches above the floor.

(7) An operator's station of a hoisting machine shall have overhead protection equivalent to tight planking that is not less than 2 inches thick. The support for the overhead protection shall be of equal strength.

(8) A hoist tower may be used with or without enclosures on all sides. However, whichever alternative is chosen, all of the following applicable conditions shall be met:

(a) When a hoist tower is enclosed, it shall be enclosed on all sides for its entire height with a screen enclosure of not more than 1/2-inch mesh of no. 18 U.S. gauge wire or equivalent, except for a landing access.

(b) When a hoist tower is not enclosed, the hoist platform, car, or cab shall be totally enclosed or caged on all sides for the full height between the floor and the overhead protective covering with 1/2-inch mesh of no. 14 U.S. gauge wire or equivalent. The hoist car enclosure shall include the required gates for loading and unloading. An 8-foot high enclosure shall be provided on the unused sides of the hoist tower at ground level.

(9) Car arresting devices shall be installed to function in case of rope failure and shall be tested at 90-day intervals.

(10) All material hoist towers shall be designed by a licensed professional engineer.

(11) All material hoists shall conform to the requirements of ANSI/ASSE A10.5 “Safety Requirements for Material Hoists,” 1992 edition, as adopted in R 408.41505.

PERSONNEL HOISTS AND ELEVATORS - ADDITIONAL REQUIREMENTS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41560 Personnel hoist and elevator requirements {#sec-r-408.41560 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41560}

Rule 1560. (1) The personnel hoist requirements contained in this rule to R 408.41564 “Elevators; endless belt-type manlifts” are in addition to the general requirements contained in

Mich. Admin. Code R 408.41540 “Operator training and conduct” through R 408.41543 “Manufacturer specifications; rated load; safety devices; postings.” {#sec-r-408.41540 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41540}

(2) An employer shall ensure that an employee who is specifically engaged in installing personnel hoists or elevators is licensed by the state of Michigan in accordance with sections 1 to 24 of 1967 PA 227, MCL 408.801 to 408.824, and sections 1 to 10 of 1976 PA 333, MCL 338.2151 to 338.2160, respectively, and the rules of the department of licensing and regulatory affairs relating to elevators.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41561 Inspections and testing {#sec-r-408.41561 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41561}

Rule 1561. (1) An inspection and test of all functions and safety devices of personnel hoists and elevators shall be made by a person who meets the criteria of both a competent and qualified person, or a competent person who is assisted by 1 or more qualified persons as prescribed by the following:

(a) Before being put into service.

(b) Following a major alteration of an existing installation.

(c) At not more than 90-day intervals.

(2) An employer shall prepare a certification record that includes all of the following information:

(a) The date of the inspection and test of all functions and safety devices that were performed.

(b) The signature of the person who performed the inspection and tests.

(c) A serial number or other identifier for the hoist that was inspected and tested. The most recent certification record shall be maintained on file on the jobsite.

(3) In addition to the requirements in subrule (1) of this rule, personnel hoists and elevators shall have a load safety test performed by a licensed elevator contractor in the presence of a State of Michigan elevator inspector every 90 days as required by ANSI A10.4 "Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations," 2004 edition, as adopted by reference in R 408.41003a.

(4) All control mechanisms shall be inspected daily for misadjustments that might interfere with proper operation and for excessive wear of components.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41562 General requirements {#sec-r-408.41562 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41562}

Rule 1562. (1) A hoist tower outside the structure shall be enclosed for the full height on the side or sides used to enter and exit the structure. At the lowest landing, the enclosure on the sides not used to exit or enter the structure shall be enclosed to a height of not less than 10 feet.

Other sides of the tower adjacent to floors or scaffold platforms shall be enclosed to a height of 10 feet above the level of the floors or scaffolds.

(2) A hoistway inside a structure shall be enclosed on all 4 sides throughout the full travel of the hoistway.

(3) A hoist tower shall be anchored to the structure at intervals of not more than 25 feet in height. When tie-ins are not practical, the tower shall be anchored by means of guys which are made of wire rope that is not less than 1/2 of an inch in diameter and which are securely fastened to the anchorage to ensure stability.

(4) Hoistway doors or gates shall be not less than 6 feet 6 inches high, be provided with mechanical locks that cannot be operated from the landing side, and be accessible only to persons on the hoist car.

(5) A hoist car shall be permanently enclosed on all sides and the top, except for sides used for entry and exit and sides that have gates or doors.

(6) A door or gate shall be provided at each entrance to the hoist car and shall protect the full width and height of the hoist car entrance opening.

(7) An overhead protective covering that consists of 2-inch planking or other solid material of equivalent strength shall be provided on the top of every personnel hoist car.

(8) Doors or gates shall have electric contacts that do not allow movement of the hoist when a door or gate is open.

(9) A car safety device shall be installed and shall be capable of stopping and holding the hoist car and the rated load when traveling at governor-tripping speed.

(10) A hoist car shall have a capacity and data plate secured in a conspicuous place on the car or crosshead.

(11) Internal combustion engines shall not be permitted for direct drive.

(12) Normal and final terminal stopping devices shall be provided. Final terminal stopping devices shall be installed in the hoistway and shall be mechanically operated.

(13) An emergency stop switch shall be provided in the hoist car and marked "STOP."

(14) All personnel hoists used by employees shall be constructed of materials and components that are in compliance with the specifications for materials, construction, safety devices, assembly, and structural integrity as stated in ANSI standard A10.4 “Safety Requirements for Personnel Hoists and Employee elevators for Construction and Demolition Operations,” 2004 edition, as adopted in R 408.41505.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41563 Bridge tower construction personnel hoists {#sec-r-408.41563 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41563}

Rule 1563. (1) A personnel hoist that is used in bridge tower construction shall be approved by a registered professional engineer and installed in accordance with R 408.41560(2).

(2) When a hoist tower is not enclosed, the car or hoist platform shall be totally enclosed or caged on all sides for the full height between the floor and the overhead protective covering with not less than 3/4-inch mesh of no. 14 U.S. gauge wire or equivalent. The hoist car enclosure shall include the required gates for loading and unloading.

(3) An employer shall ensure that hoists are inspected for defects, serviced, and maintained on a weekly basis, and repaired as necessary. If the hoisting equipment is exposed to winds of more than 35 miles per hour, authorized personnel must inspect and repair the hoisting equipment if necessary before reuse.

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41564 Elevators; endless belt-type manlifts {#sec-r-408.41564 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41564}

Rule 1564. (1) Permanent elevators under the care and custody of the employer and used by employees for work covered by this act shall comply with the requirements of ANSI/ASME A17.1 “Safety Code for Elevators and Escalators, Includes Requirements for Elevators, Escalators, Dumbwaiters, Moving Walks, Material Lifts, and Dumbwaiters with Automatic Transfer Devices,” 1965 edition with addenda A17.1a-1967, A17.1b-1968, A17.1c-1969, and A17.1d-1970, and inspected in accordance with ANSI/ASME A17.2 “Guide for Inspection of Elevators, Escalators, and Moving Walks - Includes Inspection Procedures for Electric Traction and Winding Drum Elevators, Hydraulic Elevators, Inclined Elevators, Private Residence Elevators, and Escalators and Moving Walks,” 1960 edition with addenda A17.2a- 1965, and A17.2b-1967, as adopted in R 408.41505.

(2) When multiple permanent elevators are available and 1 elevator is being used for construction or renovation purposes, that elevator shall be for the exclusive use of construction personnel and shall be operated by a designated operator. The elevator signal system shall be separate from any other elevators.

(3) The use of endless belt-type manlifts for construction is prohibited.

BASE-MOUNTED DRUM HOISTS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41570 Base-mounted drum hoists; general requirements {#sec-r-408.41570 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41570}

Rule 1570. (1) Exposed moving parts, such as gears, projecting screws, setscrews, chain, cables, chain sprockets, and reciprocating or rotating parts, which constitute a hazard, shall be guarded.

(2) All controls used during the normal operation cycle shall be located within easy reach of the operator's station.

(3) An employer shall ensure that electric motor operated hoists are provided with all of the following:

(a) A device to disconnect all motors from the line upon power failure and not permit any motor to be restarted until the controller handle is brought to the "off" position.

(b) Where applicable, an overspeed preventive device.

(c) A means whereby remotely operated hoists stop when any control is ineffective.

(4) All base-mounted drum hoists in use shall meet the applicable requirements for design, construction, installation, testing, inspection, maintenance, and operations, as prescribed by the manufacturer.

(5) This rule does not apply to base-mounted drum hoists used in conjunction with derricks.

Base-mounted drum hoists used in conjunction with derricks shall conform to Construction Safety Standard Part 10 “Cranes and Derricks,” as referenced in R 408.41505.

OVERHEAD HOISTS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41580 Overhead hoists; general requirements {#sec-r-408.41580 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41580}

Rule 1580. (1) The safe working load of the overhead hoist, as determined by the manufacturer, shall be indicated on the hoist and shall not be exceeded.

(2) The supporting structure to which the hoist is attached shall have a safe working load equal to the working load of the hoist.

(3) The support shall be arranged so as to provide for free movement of the hoist and shall not restrict the hoist from lining itself up with the load.

(4) The hoist shall be installed only in locations that will permit the operator to stand clear of the load at all times.

(5) Air hoists shall be connected to an air supply of sufficient capacity and pressure to safely operate the hoist. All air hoses supplying air shall be positively connected to prevent the air hose becoming disconnected during use.

(6) All overhead hoists in use shall meet the applicable requirements for construction, design, installation, testing, inspection, maintenance, and operation, as prescribed by the manufacturer.

HELICOPTERS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41590 Helicopters; general requirements {#sec-r-408.41590 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41590}

Rule 1590. (1) This rule applies to helicopters used during construction operations.

(2) Helicopter cranes must comply with any applicable regulations of the federal aviation administration.

(3) Prior to each day's operation a briefing shall be conducted by the pilot, ground crew, general contractor overseeing the work, and any sub-contractors involved. This briefing shall set forth the plan of operation for the pilot and ground personnel.

(4) A load shall be properly slung. Tag lines shall be of a length that will not permit the tag line being drawn up into rotors. Pressed sleeve, swedged eyes, or equivalent means shall be used for all freely suspended loads to prevent hand splices from spinning open or cable clamps from loosening.

(5) All electrically operated cargo hooks shall have the electrical activating device so designed and installed as to prevent inadvertent operation. In addition these cargo hooks shall be equipped with an emergency mechanical control for releasing the load. The hooks shall be tested prior to each day's operation by the helicopters employees, pilot, or mechanic, to determine that the release functions properly both electrically and mechanically.

(6) Personal protective equipment shall meet the following requirements:

(a) Personal protective equipment for employees receiving the load shall consist of complete eye protection and hard hats secured by chinstraps.

(b) An employee shall not wear loose-fitting clothing likely to flap in the downwash, and thus be snagged on hoist line.

(7) An employer shall ensure that every practical precaution is taken to provide for the protection of the employees from flying objects in the rotor downwash. All loose gear within 100 feet of the place of lifting the load, depositing the load, and all other areas susceptible to rotor downwash shall be secured or removed.

(8) An employer shall ensure that good housekeeping shall be maintained in all helicopter loading and unloading areas.

(9) The helicopter operator shall be responsible for size, weight, and manner in which loads are connected to the helicopter. If, for any reason, the helicopter operator believes the lift cannot be made safely, the lift shall not be made.

(10) When employees are required to perform work under hovering craft, a safe means of access shall be provided for employees to reach the hoist line hook and engage or disengage cargo slings. Employees shall not perform work under hovering craft except when necessary to hook or unhook loads.

(11) Static charge on the suspended load shall be dissipated with a grounding device before ground personnel touch the suspended load, or protective rubber gloves shall be worn by all ground personnel touching the suspended load.

(12) The weight of an external load shall not exceed the manufacturer's rating.

(13) Hoist wires or other gear, except for container or roll off a reel, shall not be attached to any fixed ground structure, or allowed to foul on any fixed structure.

(14) When visibility is reduced by dust or other conditions, ground personnel shall exercise special caution to keep clear of main and stabilizing rotors. An employer shall take precautions to eliminate as far as practical reduced visibility.

(15) Signal systems between aircrew and ground personnel shall be understood and checked in advance of hoisting the load. This requirement applies to either radio or hand signal systems.

When using hand signals, either of the following methods shall be used:

(a) Standard helicopter hand signals as shown in Appendix B.

(b) Non-standard hand signals. When used, the signal person, operator, and lift director, when there is one, shall contact each other prior to the operation and agree on the non-standard hand signals that will be used.

(16) No unauthorized person shall be allowed to approach within 50 feet of the helicopter when the rotor blades are turning.

(17) Whenever approaching or leaving a helicopter with blades rotating, all employees shall remain in full view of the pilot and keep in a crouched position. Employees shall avoid the area from the cockpit or cabin rearward unless authorized by the helicopter operator to work in the area.

(18) An employer shall ensure that sufficient ground personnel are provided when required for safe helicopter loading and unloading operations.

(19) There shall be constant reliable communication between the pilot and a designated employee of the ground crew who acts as a signalman during the period of loading and unloading. This signalman shall be distinctly recognizable from other ground personnel.

(20) Open fires shall not be permitted in an area that could result in such fires being spread by the rotor downwash.

CONVEYORS

History

• History: 2016 AACS.

Mich. Admin. Code R 408.41595 Conveyors; general requirements {#sec-r-408.41595 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41595}

Rule 1595. (1) This rule applies to conveyors when used during construction operations.

(2) Means for stopping the motor or engine shall be provided at the operator's station.

Conveyor systems shall be equipped with an audible warning signal to be sounded immediately before starting up the conveyor.

(3) If the operator's station is at a remote point, the employer shall provide similar provisions for stopping the motor or engine at the motor or engine location.

(4) Emergency stop switches shall be arranged so that the conveyor cannot be started again until the actuating stop switch has been reset to running or "on" position.

(5) Screw conveyors shall be guarded to prevent employee contact with turning flights.

(6) Where a conveyor passes over work areas, aisles, or thoroughfares, the employer shall provide suitable guards to protect employees required to work below the conveyors.

(7) The employer shall ensure that all crossovers, aisles, and passageways are conspicuously marked by suitable signs, as required by Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41505.

(8) The employer shall ensure that conveyors are locked out or otherwise rendered inoperable, and tagged out with a "DO NOT OPERATE" tag during repairs and when operation is hazardous to employees performing maintenance work.

(9) All conveyors in use shall meet the applicable requirements for design, construction, inspection, testing, maintenance, and operation, as prescribed in the ANSI B20.1, “Safety Standard for Conveyors, and Related Equipment,” 1999 edition, as adopted in R 408.41505.

History

• History: 2016 AACS.

R 408.41601 to R 408.41658 Part 16. Power Transmission & Distribution

Mich. Admin. Code R 408.41601 Application {#sec-r-408.41601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41601}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 16. POWER TRANSMISSION AND DISTRIBUTION

Rule 1601. (1) The occupational safety and health standards contained in this part apply to the construction of electric transmission and distribution lines and equipment.

(2) As used in this part, the term "construction" includes the erection of new electric transmission and distribution lines and equipment and the alteration, conversion, and improvement of existing electric transmission and distribution lines and equipment.

(3) Existing electric transmission and distribution lines and electrical equipment need not be modified to conform to the requirements of applicable standards in this part until such work as described in subrule (2) of this rule is to be performed on such lines or equipment.

(4) The standards set forth in this part provide minimum requirements for safety and health. Employers may require adherence to additional standards which are not in conflict with the standards contained in this part.

(5) This standard does not apply to communication lines defined as the conductors and their supporting or containing structures that are used for public or private signal or communication service, that operate at potentials not exceeding 400 volts to ground or 750 volts between any 2 points of the circuit, and the transmitted power of which does not exceed 150 watts. When operating at less than 150 volts, no limit is placed on the capacity of the system. Telephone, telegraph, railroad signal, data, clock, fire, policealarm, community television antenna, and other systems conforming with this subrule are examples of communication lines. Lines used for signaling purposes, but not included in this definition, are considered as supply lines of the same voltage and are to be so run.

History

• History: 1979 AC; 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41605 Adoption of OSHA rules {#sec-r-408.41605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41605}

Rule 1605. (1) The following provisions of the occupational safety and health administration, (OSHA) regulations, except as amended in these rules, are adopted by reference in these rules:

(a) 29 C.F.R. §1926.950 “General.”

(b) 29 C.F.R. §1926.951 “Medical services and first aid.”

(c) 29 C.F.R. §1926.952 “Job briefing.”

(d) 29 C.F.R. §1926.953 “Enclosed spaces.”

(e) 29 C.F.R. §1926.954 “Personal protective equipment.”

(f) 29 C.F.R. §1926.955 “Portable ladders and platforms.”

(g) 29 C.F.R. §1926.956 “Hand and portable power equipment.”

(h) 29 C.F.R. §1926.957 “Live-line tools.”

(i) 29 C.F.R. §1926.958 “Materials handling and storage.”

(j) 29 C.F.R. §1926.959 “Mechanical equipment.”

(k) 29 C.F.R. §1926.960 “Working on or near exposed energized parts.”

(l) 29 C.F.R. §1926.961 “Deenergizing lines and equipment for employee protection.”

(m) 29 C.F.R. §1926.962 “Grounding for the protection of employees.”

(n) 29 C.F.R. §1926.963 “Testing and test facilities.”

(o) 29 C.F.R. §1926.964 “Overhead lines and live-line barehand work.”

(p) 29 C.F.R. §1926.965 “Underground electrical installations.”

(q) 29 C.F.R. §1926.966 “Substations.”

(r) 29 C.F.R. §1926.967 “Special conditions.”

(s) 29 C.F.R. §1926.968 “Definitions.”

(t) Appendix A to Subpart V of Part 1926 “Reserved.”

(u) Appendix B to Subpart V of Part 1926 “Working on Exposed Energized Parts.”

(v) Appendix C to Subpart V of Part 1926 “Protection from Hazardous Differences in Electric Potential.”

(w) Appendix D to Subpart V of Part 1926 “Methods of Inspecting and Testing Wood Poles.”

(x) Appendix E to Subpart V of Part 1926 “Protection from Flames and Electric Arcs.”

(y) Appendix F to Subpart V of Part 1926 “Work-Positioning Equipment Inspection Guidelines.”

(z) Appendix G to Subpart V of Part 1926 “Reference Documents.”

(2) All of the following provisions apply with respect to the regulations adopted in subrule (1) of this rule and are referenced in R 408.41610:

(a) A reference to 29 C.F.R. §1926.50 “Medical services and first aid,” means Construction Safety Standard (CS) Part 1 “General Rules.”

(b) A reference to 29 C.F.R. §1926.54. “Nonionizing radiation,” means Occupational Health Standard (OH) Part 681 “Radiation of Construction: Ionizing and Nonionizing.”

(c) A reference to 29 C.F.R. §1926.56 “Illumination,” means CS Part 1 “General Rules.”

(d) A reference to 29 C.F.R. §1926.59 “Hazard Communication,” means CS Part 42 “Hazard Communication.”

(e) A reference to 29 C.F.R. §1926.95 “Criteria for personal protective equipment,” means CS Part 6 “Personal Protective Equipment.”

(f) A reference to 29 C.F.R. §1926.100 “Head protection,” means CS Part 6 “Personal Protective Equipment.”

(g) A reference to 29 C.F.R. §1926.106 “Working over or near water,” means CS Part 6 “Personal Protective Equipment.”

(h) A reference to 29 C.F.R. §1926.200 “Accident prevention signs and tags,” means CS Part 22 “Signals, Signs, Tags, and Barricades.”

(i) A reference to 29 C.F.R. §1926.302 “Power-operated hand tools,” means CS Part 19 “Tools.”

(j) A reference to 29 C.F.R. §1926.453 “Aerial lifts,” means CS Part 32 “Aerial Work Platforms.”

(k) A reference to 29 C.F.R. §1926.502 “Fall protection systems criteria and practices,” means CS Part 45 “Fall Protection.”

(l) A reference to 29 C.F.R. §1926.1053 “Ladders,” means CS Part 11 “Fixed and Portable Ladders.”

(m) A reference to 29 C.F.R. §1926.1204 “Permit-required confined space program” through §1926.1211 “Rescue and emergency services,” means CS Part 35 “Confined Space in Construction.”

(n) A reference to “subpart AA of this part,” means CS Part 35 “Confined Space in Construction.”

(o) A reference to 29 C.F.R. §1910.97 “Nonionizing radiation,” means OH Part 382 “Nonionizing Radiation.”

(p) A reference to 29 C.F.R. §1910.135 “Head protection,” means General Industry Safety Standard (GI) Part 33 “Personal Protective Equipment.”

(q) A reference to 29 C.F.R. §1910.268 “Telecommunications,” means CS Part 30 “Telecommunications,” and GI Part 50 “Telecommunications.”

(r) A reference to 29 C.F.R. §1910.269 “Electric Power Generation, Transmission, and Distribution,” means GI Part 86 “Electric Power Generation, Transmission, and Distribution.”

(s) A reference to 29 C.F.R. §1910.1200 “Hazard Communication,” means GI Part 92 “Hazard Communication,” and OH Part 430 “Hazard Communication.”

(3) The provisions of the OSHA regulations adopted in these rules have the same force and effect as rules promulgated under Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 2015 MR 10, Eff. May 28, 2015; 2016 AACS.

Mich. Admin. Code R 408.41610 Adopted and referenced standards {#sec-r-408.41610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41610}

Rule 1610. (1) The following federal occupational safety and health administration (OSHA) regulations, amended July 10, 2014, except as noted, are adopted by reference in these rules:

(a) 29 C.F.R. §1926.950 “General.”

(b) 29 C.F.R. §1926.951 “Medical services and first aid.”

(c) 29 C.F.R. §1926.952 “Job briefing.”

(d) 29 C.F.R. §1926.953 “Enclosed spaces,” amended May 4, 2015.

(e) 29 C.F.R. §1926.954 “Personal protective equipment.”

(f) 29 C.F.R. §1926.955 “Portable ladders and platforms.”

(g) 29 C.F.R. §1926.956 “Hand and portable power equipment.”

(h) 29 C.F.R. §1926.957 “Live-line tools.”

(i) 29 C.F.R. §1926.958 “Materials handling and storage.”

(j) 29 C.F.R. §1926.959 “Mechanical equipment.”

(k) 29 C.F.R. §1926.960 “Working on or near exposed energized parts,” amended September 24, 2014.

(l) 29 C.F.R. §1926.961 “Deenergizing lines and equipment for employee protection.”

(m) 29 C.F.R. §1926.962 “Grounding for the protection of employees.”

(n) 29 C.F.R. §1926.963 “Testing and test facilities.”

(o) 29 C.F.R. §1926.964 “Overhead lines and live-line barehand work.”

(p) 29 C.F.R. §1926.965 “Underground electrical installations.”

(q) 29 C.F.R. §1926.966 “Substations.”

(r) 29 C.F.R. §1926.967 “Special conditions.”

(s) 29 C.F.R. §1926.968 “Definitions,” amended May 4, 2015.

(t) Appendix A to Subpart V of Part 1926 “Reserved.”

(u) Appendix B to Subpart V of Part 1926 “Working on Exposed Energized Parts,” amended September 24, 2014.

(v) Appendix C to Subpart V of Part 1926 “Protection from Hazardous Differences in Electric Potential.”

(w) Appendix D to Subpart V of Part 1926 “Methods of Inspecting and Testing Wood Poles.”

(x) Appendix E to Subpart V of Part 1926 “Protection from Flames and Electric Arcs.”

(y) Appendix F to Subpart V of Part 1926 “Work-Positioning Equipment Inspection Guidelines.”

(z) Appendix G to Subpart V of Part 1926 “Reference Documents.”

(2) The standards adopted in these rules are available from the United States department of labor, occupational safety and health administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

(5) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 1 “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety Standard Part 6 “Personal Protective Equipment,”

R 408.40601 to R 408.40641.

(c) Construction Safety Standard Part 11 “Fixed and Portable Ladders,”

R 408.41101 to R 408.41140 (d) Construction Safety Standard Part 19 “Tools,” R 408.41901 to R 408.41980.

(e) Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,”

R 408.42201 to R 408.42243.

(f) Construction Safety Standard Part 30 “Telecommunications,” R 408.43001 to R 408.43006.

(g) Construction Safety Standard Part 32 “Aerial Work Platforms,” R 408.43201 to R 408.43220.

(h) Construction Safety Standard Part 35 “Confined Space in Construction,”

R 408.43501 to R 408.43510.

(i) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44204.

(j) Construction Safety Standard Part 45 “Fall Protection,” R 408.44501 to R 408.44502 (k) General Industry Safety Standard Part 33 “Personal Protective Equipment,”

R 408.13301 to R 408.13398.

(l) General Industry Safety Standard Part 50 “Telecommunications,” R 408.15001 to R 408.15004.

(m) General Industry Safety Standard Part 86 “Electric Power Generation, Transmission, and Distribution,” R 408.18601 to R 408.18602.

(n) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19204.

(o) Occupational Health Standard Part 382 “Nonionizing Radiation,” R 325.60701 to R 325.60704.

(p) Occupational Health Standard Part 430 “Hazard Communication,”

R 325.77001 to R 325.77004.

(q) Occupational Health Standard Part 681 “Radiation of Construction: Ionizing and Nonionizing,” R 325.68101 to R 325.68102.

History

• History: 2005 AACS; 2013 AACS; 2015 MR 10, Eff. May 28, 2015; 2016 AACS.

Mich. Admin. Code R 408.41625 Rescinded {#sec-r-408.41625 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41625}

History

• History: 1980 AACS; 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41626 Rescinded {#sec-r-408.41626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41626}

History

• History: 1980 AACS; 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41627 Rescinded {#sec-r-408.41627 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41627}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2013 AACS ; 2015 AACS.

Mich. Admin. Code R 408.41628 Rescinded {#sec-r-408.41628 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41628}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41629 Rescinded {#sec-r-408.41629 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41629}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41630 Rescinded {#sec-r-408.41630 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41630}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41631 Rescinded {#sec-r-408.41631 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41631}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41632 Rescinded {#sec-r-408.41632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41632}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41633 Rescinded {#sec-r-408.41633 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41633}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.41634 Rescinded {#sec-r-408.41634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41634}

History

• History: 1982 AACS; 1985 AACS; 1996 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41635 Rescinded {#sec-r-408.41635 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41635}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41636 Rescinded {#sec-r-408.41636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41636}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41637 Rescinded {#sec-r-408.41637 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41637}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41638 Rescinded {#sec-r-408.41638 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41638}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41639 Rescinded {#sec-r-408.41639 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41639}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41640 Rescinded {#sec-r-408.41640 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41640}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41641 Rescinded {#sec-r-408.41641 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41641}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41642 Rescinded {#sec-r-408.41642 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41642}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41643 Rescinded {#sec-r-408.41643 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41643}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41644 Rescinded {#sec-r-408.41644 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41644}

History

• History: 1982 AACS; 1985 AACS; 2015 AACS.

Mich. Admin. Code R 408.41645 Rescinded {#sec-r-408.41645 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41645}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2010 AACS; 2015 AACS.

Mich. Admin. Code R 408.41646 Rescinded {#sec-r-408.41646 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41646}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41647 Rescinded {#sec-r-408.41647 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41647}

History

• History: 1982 AACS; 1985 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41648 Rescinded {#sec-r-408.41648 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41648}

History

• History: 1982 AACS; 1985 AACS; 2015 AACS.

Mich. Admin. Code R 408.41649 Rescinded {#sec-r-408.41649 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41649}

History

• History: 1982 AACS; 1985 AACS; 2015 AACS.

Mich. Admin. Code R 408.41650 Rescinded {#sec-r-408.41650 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41650}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41651 Rescinded {#sec-r-408.41651 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41651}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41652 Rescinded {#sec-r-408.41652 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41652}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41653 Rescinded {#sec-r-408.41653 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41653}

History

• History: 1982 AACS; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 408.41654 Rescinded {#sec-r-408.41654 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41654}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41655 Rescinded {#sec-r-408.41655 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41655}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41656 Rescinded {#sec-r-408.41656 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41656}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41657 Rescinded {#sec-r-408.41657 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41657}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.41658 Rescinded {#sec-r-408.41658 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41658}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

R 408.41701 to R 408.41734 Part 17. Electrical Installations

Mich. Admin. Code R 408.41701 Scope {#sec-r-408.41701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 17. ELECTRICAL INSTALLATIONS

Rule 1701. This part applies to the installation and use of temporary and permanent electrical systems for construction operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41717 Definitions; A to C {#sec-r-408.41717 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41717}

Rule 1717. (1) "Approved label" means a label or other identifying mark of a nationally recognized testing laboratory.

(2) "Bonding" means the joining of metallic parts by pressure, fusing, or mechanical means to form an electrically conductive path which assures electric continuity and the capacity to conduct safely any current likely to be imposed.

(3) "Branch circuit" means that portion of a wiring system extending beyond the final overload device and protecting the circuit and the outlets.

(4) "Circuit breaker" means a device designed to open and close a circuit by manual means and to open a circuit automatically on a predetermined overload of current, without injury to itself, within the rating of the circuit breaker.

(5) "Competent person" means an employer or employee who is capable of identifying an existing or predictable hazard in surroundings or under working conditions which are hazardous or dangerous to an employee, and who has the authority and knowledge to take prompt corrective measures to eliminate the hazards.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41718 Definitions; G to W {#sec-r-408.41718 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41718}

Rule 1718. (1) "Ground" means a conducting connection between an electrical circuit or equipment and earth or a conducting body which serves in place of the earth.

(2) "Isolated" means not readily accessible to an employee unless special means of access are used.

(3) "Qualified employee" means an employee who has the training, experience, and technical knowledge necessary to install wiring and equipment in accordance with the standard rules and regulations governing such work.

(4) "Weatherproof" means so constructed or protected that exposure to the weather does not interfere with successful operation.

R 408.41719. Adoption by reference.

Rule 1719. (1) Electrical wiring, apparatus, and equipment shall be manufactured, installed, and maintained as prescribed in the National Fire Protection Association (NFPA) standard, No. 70, 1975 edition, “National Electrical Code”, which is adopted by reference. This standard may be purchased from, NFPA, 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, telephone number: 1-617-770-3000 or via the internet at website: www.nfpa.org; at a cost as of the time of adoption of these rules of $27.00.

(2) Section 210-8 of the code adopted by reference in subrule (1) of this rule is excepted. In lieu of this section, the employer shall conform to 1 of the following:

(a) Install ground-fault circuit interrupters as prescribed in rule 1721.

(b) Establish and implement an assured equipment grounding conductor program as prescribed in rule 1722.

(3) The standard adopted in subrule (1) of this rule is also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standard adopted in subrule (1) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 1979 AC.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41721 Ground fault circuit interrupters {#sec-r-408.41721 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41721}

Rule 1721. All 120-volt, single-phase 15 and 20 ampere receptacle outlets used for construction operations, which are not a part of the permanent wiring of the building or structure and which are in use by an employee, shall have approved ground fault circuit interrupters for personnel protection. A receptacle on a 2-wire, single-phase portable or vehicle mounted generator rated at not more than 5 kilowatt, where the circuit conductors of the generator are insulated from the generator frame and all other grounded surfaces, need not be protected with ground fault interrupters.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41722 Assured equipment grounding conductor program {#sec-r-408.41722 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41722}

Rule 1722. (1) The employer shall establish and implement an assured equipment grounding conductor program for construction operations. The program shall cover all extension cords, receptacles which are not a part of the permanent wiring of the building or structure, and equipment connected by cord and plug which are available for use or used by employees.

(2) This program shall comply with the following minimum requirements:

(a) A written description of the program, including the specific procedures adopted by the employer, shall be available at the jobsite for inspection and copying by the director, department representative, and any affected employee.

(b) The employer shall designate 1 or more competent persons to implement the program.

(c) Each extension cord, attachment cap, plug and receptacle of cord sets, and any equipment connected by cord and plug, except extension cords and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as deformed or missing pins or insulation damage, and for indications of possible internal damage. Equipment found damaged or defective shall not be used until repaired.

(d) The following tests shall be performed on all extension cords, receptacles which are not a part of the permanent wiring of the building or structure, and cord and plug connected equipment required to be grounded:

(i) All equipment grounding conductors shall be tested for electrical continuity.

(ii) Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conductor shall be connected to its proper terminal.

(e) All required tests shall be performed at the following time:

(i) Before first use.

(ii) Before equipment is returned to service following any repairs.

(iii) Before equipment is used after any incident which can be reasonably suspected to have caused damage, for example, when an extension cord is run over.

(iv) At intervals not exceeding 3 months, except that extension cords and receptacles which are fixed and not exposed to damage shall be tested at intervals not exceeding 6 months.

(f) The employer shall not make available, or permit the use by employees of, any equipment which does not meet the requirements of this rule.

(g) Tests performed as required in this rule shall be recorded. The test record shall identify each receptacle, extension cord, and cord and plug connected equipment that passed the test, and shall indicate the last date it was tested or the interval for which it was tested. This record shall be kept by means of logs, color coding, or other effective means, and shall be maintained until replaced by a more current record. The record shall be made available at the jobsite for inspection by the director, department representative, and any affected employee.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41723 Employer responsibility {#sec-r-408.41723 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41723}

Rule 1723. (1) An employer shall assure that an employee does not engage in the installation activities to which this part applies unless the employee is a licensed electrician, or the employee is working with, or under the supervision of, a licensed electrician. A qualified employee is not required to be licensed when working on utility installation or maintenance such as, but not limited to, substations, switch yards, and street or highway lighting.

(2) The employer shall insure that all live parts of electrical equipment operating at 50 volts or more are properly guarded against accidental contact.

(3) The employer shall do all of the following:

(a) Limit access to energized electrical equipment such as, but not limited to, switch gear, transformers, and service panels, to qualified employees.

(b) Provide, and insure the proper use of, an accident prevention sign on electric apparatus, equipment, and enclosures. The voltage shall be indicated.

(c) Provide a conductor of an ampacity of not less than the rating of the circuit breaker or fuses protecting that circuit.

(d) Insure that a bare conductor or earth return is not used for any temporary circuit.

(e) Insure that all electrical wiring is protected from physical damage.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41724 Electrical installations {#sec-r-408.41724 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41724}

Rule 1724. (1) Electrical apparatus and equipment used for construction operations shall bear an approved label or marking.

(2) Before work begins, a competent person shall ascertain by inquiry, observation, or instruments whether any part of an electric power circuit, exposed or concealed, is so located that, in performance of the work, contact by an employee, tool, or equipment can be made with the circuit.

(3) Any employee shall not be permitted to be in proximity to any part of an electric power circuit that he may contact unless the employee is protected against electric shock by de-energizing the circuit and locking out and tagging it, or unless the employee working on an energized circuit is guarded by insulation, insulated tools, or insulating matting or blankets sufficient to protect against the voltage involved.

(4) Where an electrical power circuit exists that can be contacted by an employee, the employer shall do both of the following:

(a) Post and maintain accident prevention signs prescribed in Part 22. Signals, Signs, Tags, and Barricades, being R 408.42201 et seq. of the Michigan Administrative Code.

(b) Advise the employee of the location of the lines, hazard involved, and protective measures taken or to be taken.

(5) When an employee is using a jack hammer, bar, or other tool which could come in contact with an underground line, the energy source shall be de-energized.

(6) A work space of not less than 3 feet wide and 6 1/2 feet high, in addition to space necessary to open equipment doors not less than 90 degrees, shall be provided and maintained in the area of electrical equipment.

(7) Barriers or other means shall be provided to ensure that the work space for electrical equipment is not used as a passageway during periods when energized parts of electrical equipment are exposed.

R 408.41725. Wiring; attachment plug receptacles; extension and trailing cords; handlamps; portable electric tools used in wet environment; convertor supplying equipment at more than 300 volts.

Rule 1725. (1) When electrical wiring is used in a tank or other confined space, a properly identified disconnect switch shall be provided at the entrance.

(2) A receptacle for an attachment plug shall meet all of the following requirements:

(a) Be of the concealed contact type.

(b) Have a contact for extending ground continuity.

(c) Be designed and constructed so that the plug may be removed without leaving any live parts exposed to contact.

(d) Not be capable of receiving attachment plugs for a voltage, frequency, or type of current different from that for which the receptacle is intended, nor shall a plug of a different style be forced into a receptacle.

(3) An extension cord used with a portable electric tool or appliance shall be a 3-wire type.

(4) Conductors supplying temporary wiring shall be the minimum protective qualities of type NM wire for use indoors, or type UF wire for use outdoors.

(5) A brass shell, paper lined lamp holder and a pintype lampholder which damages the insulation shall not be used.

(6) Wiring for temporary lighting in excess of 12 volts used on barricades, fences, and sidewalk coverings shall be protected against abrasion of accidental damage to the insulation.

(7) Trailing cords and extension cords shall meet all of the following:

(a) Be protected against damage.

(b) Hung in a manner which does not damage the covering.

(c) Retain their insulating value and dielectric and physical strength when spliced.

(d) Be insulated to prevent shock or shorts.

(e) Have a plug body or receptacle which is either molded to the cord or is equipped with a cord clamp to prevent strain on the terminal screws, or a receptacle installed in a steel box with a cover and cord clamp.

(8) A portable handlamp shall be made of molded composition or other approved material and shall have a molded handle with bulb guard attached to it.

(9) A portable light used in moist or other hazardous areas, such a drum, tank, or vessel, shall be operated at a maximum of 12 volts, or shall be protected by an approved ground-fault interrupter.

(10) A portable electric tool used in a wet atmosphere or environment shall be protected by an approved ground-fault interrupter.

(11) An attachment plug or other connector supplying equipment at more than 300 volts shall be of the skirted type or shall be otherwise designed to confine any arcs.

History

• History: 1979 AC.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41726 Exposure to energized conductors or switch gear of 440 volts between phases {#sec-r-408.41726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41726}

Rule 1726. Where the work requires exposure to, or handling of, energized conductors or switch gear of 440 volts or more between phases, 2 or more qualified employees shall work together.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41727 Switches, circuit breakers, disconnectors, transformers, and boxes {#sec-r-408.41727 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41727}

Rule 1727. (1) Each switch, circuit breaker, and disconnector shall meet all of the following requirements:

(a) Be marked to indicate its purpose unless it is so located that the purpose is evident and it is secured against displacement.

(b) Be of the weatherproof type where damp or wet conditions exist.

(2) A box for disconnecting means shall have dead fronts or covers, which shall be kept in place or closed when the panel is energized, or the requirements of R 408.41723 and R 408.41724 shall be complied with.

(3) An arc shield shall be provided on a disconnect of 60 ampere capacity or larger.

(4) A disconnecting means shall be provided to disconnect all energized conductors in a building or structure from the service entrance conductors.

(5) An energized transformer and other related energized equipment over 150 volts to ground shall be protected to prevent accidental contact. The protection shall be an individual housing or an electrical substation fence. A metallic enclosure shall be grounded. Access to this equipment shall require a key or tool. A transformer mounted on a utility pole at a height of more than 12 feet is excepted from the requirements of this subrule.

R 408.41728. Grounding and bonding.

Rule 1728. (1) A grounding circuit shall be continuous, be capable of carrying the current imposed on it, and have a resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.

(2) Non-electrical equipment. The metal parts of the following non-electrical equipment shall be grounded:

(a) Frames and tracks of electrically operated cranes.

(b) Frames of non-electrically driven elevator cars to which electric conductors are attached.

(c) Hand-operated metal shifting ropes or cables of electric elevators.

(d) Metal partitions, grill work, and similar metal enclosures around equipment of over 1 kV between conductors.

(3) Driven rod electrodes, either singly or connected, shall have a resistance to ground of not more than 25 ohms.

(4) Conductors used for bonding shall be capable of carrying the imposed current. The bonding clamps shall have a secure and positive metal-to-metal contact.

Editor's Note: An obvious error in R 408.41728 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 1. The memorandum requesting the correction was published in Michigan Register, 2013 MR 12.

History

• History: 1979 AC.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41729 Temporary lighting {#sec-r-408.41729 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41729}

Rule 1729. (1) A temporary light shall be equipped with a guard to prevent accidental contact with the bulb, except that a guard is not required when the bulb is fully recessed in the reflector.

(2) A temporary light shall not be suspended by the electric cord unless the cord and light is designed for suspension.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41730 Circuit protection {#sec-r-408.41730 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41730}

Rule 1730. (1) Circuit protection shall be provided by fuses or circuit breakers for each feeder and branch circuit and shall be based on the current carrying capacity of the conductors and power load.

(2) A fuse puller shall be used to install or remove a cartridge fuse when 1 or more terminals are energized.

(3) A circuit protection device shall not be placed in a grounded circuit except where the device simultaneously opens both the ground and energized circuit.

(4) Circuit protection in existing installations shall not be changed to increase the load in excess of the load rating of the conductor or equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41731 Location and protection of electric lines {#sec-r-408.41731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41731}

Rule 1731. (1) Electric lines crossing work areas, employee foot or vehicular traffic aisles, shall be fastened overhead or protected by a cover capable of withstanding the imposed loads without creating a tripping hazard.

(2) All wiring installed above grade and used for construction operations shall be maintained at a height which provides safe clearance for all work operations.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41732 Electrical equipment used in hazardous locations {#sec-r-408.41732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41732}

Rule 1732. (1) Electrical components and equipment used in a hazardous location shall have an approved label for the specific hazardous location.

(2) All screws, gaskets, and threaded connections shall maintain a vapor tight, dust tight, or fiber tight condition as required by the type of hazard class.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41733 Battery room; safety equipment; charging battery {#sec-r-408.41733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41733}

Rule 1733. (1) When a battery room is used in conjunction with construction operations it shall meet all of the following requirements:

(a) Be equipped with an exhaust system arranged to remove fumes and gases from any ignition source.

(b) Have floor and racks protected from battery acid.

(c) Have a means of flushing the eyes and body of an employee provided within 25 feet of a battery room.

(d) Have facilities provided for flushing and neutralizing spilled electrolyte.

(e) Have fire protection as required by Part 18. Fire Protection and Prevention, being R 408.41801 et seq. of the Michigan Administrative Code.

(f) Provide protection of charging apparatus from damage by trucks.

(g) Be located in an area designated for that purpose.

(2) An employer shall provide, and require the use of, face and eye protection and rubber gloves and aprons by an employee handling acids and batteries as prescribed in construction safety standard, Part 6. Personal Protective Equipment, being R 408.40601 et seq. of the Michigan Administrative Code.

(a) When charging a battery, the vent caps shall be kept in place and maintained operable.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 408.41734 Inspection and repair of electrical equipment {#sec-r-408.41734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41734}

Rule 1734. (1) Electrical equipment shall be inspected periodically. The inspection shall be made at reasonable intervals according to the equipment use and the severity of conditions under which it is used. Worn and frayed cable shall not be used.

(2) Repairs of electrical equipment shall be made by a licensed electrician or an employee supervised by a licensed electrician except as provided in R 408.41723(1).

History

• History: 1979 AC.

R 408.41801 to R 408.41884 Part 18. Fire Protection and Prevention

Mich. Admin. Code R 408.41801 Scope {#sec-r-408.41801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41801}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 18. FIRE PROTECTION AND PREVENTION

Rule 1801. This part pertains to all of the following:

(a) Fire prevention plans.

(b) Employee emergency plans.

(c) Fire fighting equipment.

(d) The storing and dispensing of flammable and combustible materials.

(e) Heating devices for construction operations.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS.

Mich. Admin. Code R 408.41802 Adopted and referenced standards {#sec-r-408.41802 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41802}

Rule 1802. (1) The following standards are adopted by reference in these rules and are available from The National Fire Protection Association, (NFPA) 1 Batterymarch Park, Quincy, Massachusetts, 02169-7471, USA; telephone number: 617-770-3000; or via the internet at web-site: www.nfpa.org, at a cost as of the time of adoption of these rules as stated in this subrule.

(a) NFPA 13 “Installation Of Sprinkler System” 1991 edition. Cost $27.00.

(b) NFPA 14 “Standard For The Installation Of Standpipe, Private Hydrants And Hose Systems”, 2000 edition. Cost $39.00.

(c) NFPA 25 “Inspection, Testing, And Maintenance Of Water-Based Fire Protection Systems”, 1998 edition. Cost $50.50.

(d) NFPA 251 “Standard Methods Of Fire Testing Of Building Construction And Materials,” 1990 edition. Cost $27.00.

(e) NFPA 30 “Flammable And Combustible Liquids Code,” 1996 edition. Cost $27.00.

(f) NFPA 385 “Standard For Tank Vehicles For Flammable And Combustible Liquids,” 1990 edition. Cost $27.00.

(g) NFPA 10A “Maintenance and Use of Portable Fire Extinguishers,” 1970 edition.

Cost $29.00.

(h) NFPA 80 “Standard for Fire Doors and Windows,” 1970 edition. Cost $29.00.

(2) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at web-site: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule.

(a) Compressed Gas Association (CGA) Standard CGA C7 “Guide To The Preparation Of Precautionary Labeling And Marking Of Compressed Gas Containers,” 2000 edition. Cost $892.00.

(b) American Society for Testing and Materials (ASTM) Standard ASTM D56 “Standard Test Method for Flash Point by Tag Closed Cup Tester,” 1969 edition. Cost: $58.00.

(c) ASTM D93 “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” 1969 edition. Cost $67.00.

(3) The provisions of the Department of Transportation Title 49 C.F.R. Part 178, “Shipping Container Specifications,” is adopted by reference in these rules and is available via the internet at web-site: www.ecfr.gov; which is free, as of the time of adoption of these rules.

(4) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(5) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909- 8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(6) The following Michigan occupational safety and health standards (MIOSHA) are referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48908-8143, or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 22 'Signals, Signs, Tags and Barricades,' R 480.42201 to R 408.42242.

(b) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44203.

History

• History: 2002 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.41836 Definitions; A to C {#sec-r-408.41836 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41836}

Rule 1836. (1) "Approved" means equipment that has been listed or approved by a nationally recognized testing laboratory, such as Factory Mutual Engineering Corporation, or Underwriters’ Laboratories, Inc., or federal agencies such as Bureau of Mines, or U.S. Coast Guard, which issue approvals for the equipment.

(2) "Closed container" means a container that is sealed by means of a lid or other device so that neither liquid nor vapor will escape from it at ordinary temperatures.

(3) “Combustion” means any chemical process that involves oxidation sufficient to produce light or heat.

(4) "Container" means all vessels, such as tanks, cylinders, or drums, used for transportation or storing liquefied petroleum gases.

(5) "Container in use" means a container connected for use.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41837 Definitions; F {#sec-r-408.41837 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41837}

Rule 1837. (1) "Fire alarm signaling system" means an alerting signal that is clearly audible throughout all areas and which would immediately alert employees in case of an emergency.

(2) “Fire brigade” means an organized group of employees that are knowledgeable, trained, and skilled in the safe evacuation of employees during emergency situations and in assisting in fire fighting operations.

(3) "Fire fighting equipment" means any of the following:

(a) Portable extinguishers.

(b) Fixed fire equipment.

(c) Water barrels and pails.

(d) Standpipes.

(e) Fire hose.

(f) Fire alarms.

(4) "Fire protection" means to provide fire fighting equipment, training, and evacuation plans.

(5) "Fire resistance" means that quality of a material that renders it so resistant to fire that, for a specified time and under conditions of a standard heat intensity, the material will not fail structurally and will not permit the side away from the fire to become hotter than a specified temperature. For purposes of this part, fire resistance shall be determined by the fire test of building construction and materials, as prescribed in The National Fire Protection Association Standard NFPA 251, "Standard Methods Of Fire Testing Of Building Construction And Materials," 1990 edition, which is adopted by reference in R 408.41802.

(6) "Fixed fire equipment" means a fire extinguishing system that is permanently mounted and portable portions of a system, such as a hose and nozzle attached to a fixed supply of extinguishing agent.

(7) "Flammable" means to ignite easily and burn intensely or means to have a rapid rate of flame spread.

(8) "Flammable liquid" means any liquid having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 ºF (37.8 ºC) and having a flashpoint at or below 199.4 ºF (93 ºC). Flammable liquids are divided into the following categories:

(a) Category 1 shall include liquids having flashpoints below 73.4 ºF (23 ºC) and having a boiling point at or below 95 ºF (35 ºC).

(b) Category 2 shall include liquids having flashpoints below 73.4 ºF (23 ºC) and having a boiling point above 95 ºF (35 ºC).

(c) Category 3 shall include liquids having flashpoints at or above 73.4 ºF (23 ºC) and at or below 140 ºF (60 ºC).

(d) Category 4 shall include liquids having flashpoints above 140 ºF (60 ºC) and at or below 199.4 ºF (93 ºC).

(9) "Flash point of the liquid” means the temperature at which it gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid within the vessel used as determined by appropriate test procedure and apparatus as follows:

(a) The flashpoint of liquids having a viscosity less than 45 Saybolt Universal Second(s) at 100 ºF (37.8 ºC) and a flashpoint below 175 ºF (79.4 ºC) shall be determined in accordance with ASTM D56 “Standard Test Method for Flash Point by Tag Closed Cup Tester,” 1969 edition, as adopted by reference in R 408.41802, or an equivalent method as defined in Construction Safety Standard Part 42 “Hazard Communication,”

Appendix B, as referenced in R 408.41802.

(b) The flashpoints of liquids having a viscosity of 45 Saybolt Universal Second(s) or more at 175 ºF (79.4 ºC) or higher shall be determined in accordance with ASTM D93 “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” 1969 edition, as adopted by reference in R 408.41802, or an equivalent method as defined in Construction Safety Standard Part 42 “Hazard Communication,” Appendix B, as referenced in R 408.41802.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41838 Definitions; L to V {#sec-r-408.41838 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41838}

Rule 1838. (1) "Liquefied petroleum gas," "L.P.G.," or "L.P. gas" means any material that is composed predominately of any of the following hydrocarbons or mixtures of hydrocarbons:

(a) Propane.

(b) Propylene.

(c) Butane.

(d) Isobutene.

(e) Butylene.

(2) "Means of egress" means a continuous path of travel from any part within a building to the open air outside at ground level.

(3) "Portable tank” means a closed container that has a liquid capacity of more than 60 United States gallons, which is not intended for fixed installation.

(4) "Safety can" means an approved metal or nonmetallic closed container that has a capacity of not more than 5 gallons, that has a flash-arresting screen, spring-closing lid and spout cover, and that is designed so that it will safely relieve internal pressure when exposed to fire.

(5) "Temporary building" means a structure erected or placed for a period not longer than the project construction time.

(6) "Temporary heating device" means a heating unit to provide heat for a period not longer than the project construction time.

(7) "Vapor pressure" means the pressure, measured in pounds per square inch (absolute), exerted by a volatile liquid.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41841 Employer responsibility {#sec-r-408.41841 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41841}

Rule 1841. (1) An employer shall be responsible for the development of a fire protection program to be followed throughout all phases of the construction and demolition work, and the employer shall provide the firefighting equipment as specified in these rules. As fire hazards occur, there shall be no delay in providing the necessary equipment.

(2) The fire protection portion of the program shall include all of the following:

(a) Establishing and maintaining a means of egress from all areas of the building occupied by employees to provide free and unobstructed egress from all parts of the building or structure at all times when the building or structure is occupied. A lock or fastening that prevents free escape from the inside of any building shall not be installed, except in mental, penal, or corrective institutions where supervisory personnel is continually on duty and effective provisions are made to remove occupants in case of fire or other emergency.

(b) Posting fire rules or, by other means, informing the employees of the evacuation signal, escape routes, and emergency phone numbers. Exits shall be marked by a readily visible sign. Access to exits shall be marked by readily visible signs in all cases where the exit or way to reach the exit is not immediately visible to the occupants.

(c) A requirement that means of egress shall be continually maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.

(3) The fire prevention portion of the program shall include both of the following:

(a) A housekeeping policy designed to keep a means of egress free from the accumulation of stored materials and debris and to reduce the likelihood of fire.

(b) A policy for the storage of combustible and flammable liquids and materials and for the use of proper heating equipment as prescribed in this part.

(4) The employer shall provide fire fighting equipment and meet all of the applicable requirements of this part as to location, accessibility, inspection, testing, and maintenance. The employer shall immediately replace defective equipment.

(5) As warranted by the project, the employer shall provide a trained and equipped firefighting organization, Fire Brigade, to assure adequate protection to life.

(6) Fire walls and exit stairways, required for the completed buildings, shall be given construction priority. Fire doors, with automatic closing devices, shall be hung on openings as soon as practicable.

(7) Fire cutoffs shall be retained in buildings undergoing alterations or demolition until operations necessitate their removal.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.41842 Rescinded {#sec-r-408.41842 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41842}

History

• History: 1995 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 408.41850 Rescinded {#sec-r-408.41850 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41850}

FIRE PROTECTION

History

• History: 1995 AACS; 2013 AACS.

Mich. Admin. Code R 408.41851 Portable fire extinguishing equipment; selection and installation {#sec-r-408.41851 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41851}

Rule 1851. (1) All portable fire extinguishers shall bear an approved label of a nationally recognized testing laboratory.

A fire extinguisher or extinguishing device that contains an active agent or propellant that has thermal decomposition products that have a level of vapor toxicity equal to or greater than any of the following listed materials shall not be used, installed for use, or allowed to remain installed for use:

(a) Carbon tetrachloride, CCL4.

(b) Chlorobromomethane, CH2 BrCL.

(c) Azeotropic chlormethane, CM7.

(d) Dibromodifluoromethane, CBr2F2.

(e) 1, 2-dibromo-2-chloro-1, 1, 2-trifluoroethane, Cbr-F2, CBrCLf.

(f) 1, 2-dibromo-2, 2-difluoroethane, CH2BrCbrF2.

(g) Methylbromide, CH3Br.

(h) Ethylene dibromide, CH2BrCH2Br.

(i) Hydrogen bromide, HBr.

(j) Methylene bromide, CH2Br2.

(k) Bromodifluoromethane, CHBrF2.

(2) A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of the protected building area, or major fraction thereof. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed 100 feet.

(3) One or more fire extinguishers, rated not less than 2A, shall be provided on each floor. In multistory buildings, at least 1 fire extinguisher shall be located adjacent to stairway.

(4) Fire fighting equipment shall be located where it will be readily seen and accessible along normal paths of travel in the protected area.

(5) One 55-gallon open drum of water and 2 fire pails may be substituted for a fire extinguisher that has a 2A rating. Extinguishers and water drums, subject to freezing, shall be protected from freezing.

(6) A 1/2 inch or larger interior diameter garden hose that is not more than 100 feet in length and that is equipped with a nozzle may be substituted for a 2A fire extinguisher if it is capable of reaching all points in the area that would be covered by the replaced extinguisher and is capable of discharging not less than 5 gallons per minute with a horizontal hose stream of not less than 30 feet. The hose line shall be mounted on a rack or reel. Not more than 1/2 of the total number of required fire extinguishers may be replaced by the hose.

(7) In addition to the requirements of this rule, fire extinguishers shall be supplied as follows:

(a) Not less than 1 portable fire extinguisher that has a rating of not less than 20 BC units shall be located as follows:

(i) Outside of, but not more than 10 feet from, a door opening to a room used for the storage of more than 60 gallons of flammable liquids.

(ii) Not less than 25 feet, nor more than 75 feet, from an outside storage area.

(iii) On each tank truck or other vehicle used to transport or dispense flammable liquids.

(iv) A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used on the jobsite. This requirement does not apply to the integral fuel tanks of motor vehicles.

(b) Each service or fueling area shall have at least 1 portable fire extinguisher which has not less than a 20 BC unit rating and which is located within 75 feet of each pump, dispenser, underground fill opening, and lubricating or service area.

(c) Storage locations for liquefied petroleum gas (L.P.G.) shall be provided with at least 1 approved portable fire extinguisher that has a rating of not less than 20 BC.

(d) Each site of a hazardous process shall be provided with a portable fire extinguisher of an appropriate size and type. Other means for safety or control may be provided if approved or required by the process.

(8) Table 1 may be used in selecting and providing an extinguisher.

(9) Table 1 reads as follows:

TABLE 1

HAZARD

DESCRIPTI

ON EXTINGUISHER TYPE AND

CONTENTS

Class "A"

Fire Combustible Material Loaded stream, Multipurpose dry chemical, Pressure-operated water, Water pump tanks, Water mist, Halon 1211.

Class "B"

Fire Flammable Liquids, Gas, Or Grease Carbon dioxide, Dry chemical, Foam, Loaded stream, Multipurpose dry chemical, Halon 1211.

Class "C"

Fire Electrical Equipment Carbon dioxide with plastic horn only, Dry chemical, Multipurpose dry chemical, Water mist, Halon 1211.

Class "D"

Fire Combustible Metal Extinguishing agent listed for use on a specific combustible metal hazard.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41852 Portable fire extinguishers {#sec-r-408.41852 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41852}

Rule 1852. Portable fire extinguishers shall be inspected periodically and maintained in accordance with NFPA 10A “Maintenance and Use of Portable Fire Extinguishers,” 1970 edition, as adopted by reference in R 408.41802.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.41853 Fixed fire equipment {#sec-r-408.41853 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41853}

Rule 1853. (1) Sprinkler protection shall be as follows:

(a) If the facility being constructed includes the installation of automatic sprinkler protection, the installation shall closely follow the construction and be placed in service as soon as applicable laws permit following completion of each story.

(b) In all structures in which standpipes are required, or where standpipes exist in structures being altered, they shall be brought up as soon as applicable laws permit, and shall be maintained as construction progresses in such a manner that they are always ready for fire protection use. The standpipes shall be provided with Siamese fire department connections on the outside of the structure, at the street level, which shall be conspicuously marked.

(2) During demolition or alterations, an existing sprinkler or standpipe system shall be maintained in service in any portion of a structure that is not subject to demolition or alteration. The operation of a sprinkler control valve shall be permitted only by a properly authorized person. Modification of a sprinkler system to permit alterations or additional demolition shall be expedited so that the automatic protection may be returned to service as quickly as possible. Sprinkler control valves shall be checked daily at the close of work to ascertain whether the protection is in service. When the sprinkler or standpipe system is out of service for other than routine maintenance, the local fire department and the building manager or designated representative shall be notified. A sign shall be posted on each fire department connection that is out of service and the balance of the service shall be tested and resealed in operable condition, where required, and both the fire department and the building manager or designated representative shall be advised that the system is again in service.

(3) A standpipe and hose system shall have not less than 1 outlet per story.

(4) An automatic sprinkler system shall be installed and maintained as prescribed in The National Fire Protection Association Standards NFPA 13 "Installation of Sprinkler Systems," 1991 edition; NFPA 14 "Standard For The Installation Of Standpipe, Private Hydrants And Hose Systems," 2000 edition; and NFPA 25 "Inspection, Testing, And Maintenance Of Water-Based Fire Protection Systems," 1998 edition. The standards are adopted by reference in R 408.41802.

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41854 Water supply {#sec-r-408.41854 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41854}

Rule 1854. (1) An employer shall make available temporary or permanent water supply, of sufficient volume, duration, and pressure, required to properly operate the firefighting equipment as soon as combustible materials accumulate.

(2) Where an underground water main is to provide water for fire protection equipment, the main shall be installed, completed, and made available for use as soon as practicable.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41855 Fire hose and connections {#sec-r-408.41855 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41855}

Rule 1855. (1) One-hundred feet or less of 1-1/2 inch hose, with a nozzle capable of discharging water at 25 gallons or more per minute supplied from an approved standpipe system may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the area.

(2) The employer shall contact the local fire fighting organization to assure that fire hose connections on the jobsite are compatible with their fire fighting equipment. If a connection is not compatible, the employer shall install an adapter, or equivalent, to permit connection of local fire fighting equipment.

(3) During demolition involving combustible materials, charged hose lines, supplied by hydrants, water tank trucks with pumps, or equivalent, shall be made available.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41856 Fire alarms {#sec-r-408.41856 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41856}

Rule 1856. An alarm system shall be established whereby all employees on the site can be alerted for an emergency. The signaling device shall be audible throughout the structure.

FIRE PREVENTION

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.41861 Ignition hazards {#sec-r-408.41861 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41861}

Rule 1861. (1) Internal combustion engine powered equipment shall be so located that the exhaust piping is at a distance away from flammable and combustible materials to prevent ignition. When the exhaust is piped to outside the building under construction, a clearance of not less than 6 inches shall be maintained between the piping and flammable and combustible material.

(2) Smoking shall be prohibited within 25 feet of flammable material. The area shall be posted with a sign "No Smoking or Open Flame." The sign shall be as prescribed in the Construction Safety Standard Part 22 “Signals, Signs, Tags and Barricades,” as referenced in R 408.41802.

(3) Electrical wiring equipment and portable battery-powered lighting equipment used in connection with the storage, handling, or use of flammable material shall be of the type approved for the hazardous location.

(4) The nozzle of an air, inert gas, and steam line or hose, when used in the cleaning or ventilation of tanks and vessels that contain flammable gases or vapors, shall be bonded to the tank or vessel shell.

(5) When a hazardous concentration of flammable gas or vapor exists in the area outside of the tank or vessel, the external bonding connection shall be made to the tank or vessel with the non-sparking device. The final bonding connection shall be made outside the hazardous concentration.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41861a Location of containers {#sec-r-408.41861a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41861a}

Rule 1861a. (1) Containers shall be in a suitable ventilated enclosure or otherwise protected against tampering.

(2) The quantity of flammable liquids kept in the vicinity of spraying operations shall be the minimum required for operations and should ordinarily not exceed a supply for 1 day or 1 shift.

(3) Bulk storage of portable containers of flammable liquids shall be in a separate, constructed building detached from other important buildings or cut off in a standard manner.

(4) Containers shall be upright upon firm foundations or otherwise firmly secured.

(5) The possible effect on the outlet piping of settling shall be guarded against by a flexible connection or special fitting.

(6) LP-gas containers with a water capacity per container of more than 125 gallons shall be located a minimum of 10 feet from the nearest building or group of buildings when in use.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.41861b Temporary buildings {#sec-r-408.41861b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41861b}

Rule 1861b. (1) A temporary building shall not be erected where it will adversely affect a means of egress.

(2) Temporary buildings, when located within another building or structure, shall be of either noncombustible construction or of combustible construction having a fire resistance of not less than 1 hour.

(3) Temporary buildings, located other than inside another building and not used for the storage, handling, or use of flammable or combustible liquids, flammable gases, explosives, or blasting agents, or similar hazardous occupancies, shall be located at a distance of not less than 10 feet from another building or structure.

(4) Groups of temporary buildings not exceeding 2,000 square feet in aggregate, shall, for the purposes of these rules, be considered a single temporary building.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.41861c Open yard storage {#sec-r-408.41861c omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41861c}

Rule 1861c. (1) Combustible materials shall be piled with due regard to the stability of piles and in no case higher than 20 feet.

(2) Driveways between and around combustible storage piles shall be at least 15 feet wide and maintained free from accumulation of rubbish, equipment, or other articles or materials.

(3) Driveways shall be so spaced that a maximum grid system unit of 50 feet by 150 feet is produced.

(4) The entire storage site shall be kept free from accumulation of unnecessary combustible materials. Weeds and grass shall be kept down and a regular procedure provided for the periodic cleanup of the entire area.

(5) When there is a danger of an underground fire, that land shall not be used for combustible or flammable storage.

(6) Method of piling shall be solid wherever possible and in orderly and regular piles. No combustible material shall be stored outdoors within 10 feet of a building or structure.

(7) Portable fire extinguishing equipment suitable for the fire hazard involved shall be provided at convenient, conspicuously accessible locations in the yard area. Portable fire extinguishers rated not less than 2A shall be placed so that maximum travel distance to the nearest unit shall not exceed 100 feet.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.41861d Indoor storage {#sec-r-408.41861d omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41861d}

Rule 1861d. (1) Storage shall not obstruct, or adversely affect, means of exit.

(2) All materials shall be stored, handled, and piled with due regard to their fire characteristics.

(3) Noncompatible materials that may create a fire hazard shall be segregated by a barrier having a fire resistance of at least 1 hour.

(4) Material shall be piled to minimize the spread of fire internally and to permit convenient access for firefighting. Stable piling shall be maintained at all times. Aisle space shall be maintained to safely accommodate the widest vehicle that may be used within the building for firefighting purposes.

(5) Clearance of at least 36 inches shall be maintained between the top level of the stored material and the sprinkler deflectors.

(6) Clearance shall be maintained around lights and heating units to prevent ignition of combustible materials.

(7) A clearance of 24 inches shall be maintained around the path of travel of fire doors unless a barricade is provided in which case no clearance is needed.

(8) Material shall not be stored within 36 inches of a fire door opening.

FLAMMABLE LIQUIDS

History

• History: 2015 AACS.

Mich. Admin. Code R 408.41862 Transportation of flammable liquids {#sec-r-408.41862 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41862}

Rule 1862. (1) Only approved containers and portable tanks shall be used for storage and handling of flammable liquids.

(2) Approved safety cans or department of transportation approved containers shall be used for the handling and use of flammable liquids in quantities of 5 gallons or less, except that this does not apply to those flammable liquid materials that are highly viscid (extremely hard to pour), which may be used and handled in original shipping containers.

(3) For quantities of 1 gallon or less, the original container may be used for storage, use, and handling of flammable liquids.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41863 Inside storage {#sec-r-408.41863 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41863}

Rule 1863. (1) Not more than 25 gallons of flammable liquid shall be stored within a room outside of an approved wood or metal cabinet. For storage of liquefied petroleum gas, see R 408.41877.

(2) Not more than 60 gallons of category 1, 2, and/or 3 flammable liquids or 120 gallons of category 4 flammable liquids shall be stored in any 1 storage cabinet. Not more than 3 such cabinets shall be located in a single storage area. Quantities in excess of this shall be stored in an inside storage room as prescribed in R 408.41864 (3) A wood cabinet, when used to store flammable liquids, shall have the bottom, back, sides, and top constructed of not less than 1-inch exterior plywood which shall not break down or delaminate under fire test conditions. All joints shall be rabbeted and secured in 2 directions by flathead wood screws. When more than 1 door is provided, there shall be a rabbeted overlap of not less than 1 inch. Steel hinges shall be mounted so that the holding capacity is not lost due to loosening or burnout of the screws. The cabinet shall be painted inside and out with a fire-retardant paint.

(4) A cabinet used to store flammable liquids shall be labeled with conspicuous lettering, "Flammable Keep Away from Open Flames" as prescribed in the Construction Safety Standard Part 22 “Signals, Signs, Tags and Barricades,” as referenced in R 408.41802.

(5) A flammable liquid shall not be stored in a building in an area used as a means of egress.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41864 Inside storage room {#sec-r-408.41864 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41864}

Rule 1864. (1) An inside storage room shall be constructed to meet the required fire resistance rating for its use. The construction shall meet the test specifications in The National Fire Protection Association Standard NFPA 251 "Standard Methods of Fire Testing of Building Construction and Materials," 1990 edition, which is adopted by reference in R 408.41802.

(2) Openings from an inside storage room to another room or building shall be provided with noncombustible liquid-tight raised sills or ramps at least 4 inches in height or else the floor in the storage area shall be at least 4 inches below the surrounding floor.

Openings shall be provided with approved self-closing fire doors.

(3) If wood shelving, racks, dunnage, or floor overlay is used in the room, it shall be not less than 1 inch nominal thickness.

(4) Where other portions of the building or other buildings are exposed, windows shall be protected in accordance with NFPA 80 “Standard for Fire Doors and Windows,” 1970 edition, for Class E or F openings, as adopted in R 408.41802.

(5) A material that will react with water to create a fire hazard shall not be stored in the same room with a flammable liquid.

(6) Quantities of flammable liquids stored in an inside storage room shall be limited in accordance with the criteria prescribed in table 3.

(7) Every inside storage room shall be provided with either a gravity or a mechanical exhausting system and meet all of the following provisions:

(a) A switch located outside of the door of the inside storage room shall control the mechanical exhausting system and any lighting fixtures.

(b) An electric pilot light shall be installed adjacent to the switch if category 1, 2, or 3 flammable liquids are dispensed within the room.

(c) The exhausting system shall commence not more than 12 inches above the floor and be designed to provide for a complete change of air within the room not less than 6 times per hour when flammable liquids are stored in the room.

(d) Where gravity ventilation is provided, the fresh air intake, as well as the exhausting outlet from the room, shall be on the exterior of the building in which the room is located.

(8) An inside storage room shall have at least 1 aisle which shall be not less than 3 feet in width and which shall be maintained free of obstructions.

(9) Containers that have more than a 30-gallon capacity shall not be stacked one upon another.

(10) Table 3 reads as follows:

TABLE 3

INSIDE STORAGE ROOM

Fixed Fire Protection Provided Fire Resistance Rating of Room Maximum Size Of Storage Area Total Allowable Quantities Gallons/Square Foot/Floor Area Yes 2 hours 500 square feet 10 No 2 hours 500 square feet 4 Yes 1 hour 150 square feet 5 No 1 hour 150 square feet 2 NOTE: Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system approved by a nationally recognized testing laboratory for this purpose.

History

• History: 1979 AC; 1983; AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41865 Outside storage {#sec-r-408.41865 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41865}

Rule 1865. (1) Containers of flammable liquids with not more than 60 gallons in each container shall not be stored in excess of 1,100 gallons in any outside storage area.

(2) Portable tanks stored outside shall not be closer than 20 feet from any building.

Two or more portable tanks, grouped together, having a combined capacity in excess of 2,200 gallons, shall be separated by a 5-foot clear area. Individual portable tanks exceeding 1,100 gallons shall be separated by a 5-foot clear area. Piles or groups of containers shall be separated by a 5-foot clearance.

(3) Within 200 feet of each portable tank, there shall be a 12-foot wide access way to permit approach of fire control apparatus.

(4) A flammable liquid in an outdoor storage area shall be stored not less than 20 feet from a building.

(5) Within 200 feet of each pile or group of flammable containers, a 12-foot wide access way shall be maintained to permit the approach of fire control equipment.

(6) An outside storage area for flammable liquids shall be graded in a manner to divert a possible spill away from a building or other hazard, or shall be surrounded by a curb or earth dike not less than 12 inches high.

When a curb or dike is used, provisions shall be made to drain off accumulations of water or a spill of a flammable liquid in such a manner that the spill cannot create a hazard for an employee.

The drains shall terminate in a location that will not create another hazard.

(7) An outside storage area for flammable liquid shall be kept free of weeds, papers, debris, and other combustibles not necessary to the storage.

(8) An above ground tank or loading operation shall not be installed closer than 25 feet plus 1 inch per 1,000 volts, measured horizontally, from the center line of electric power lines, or under an electric power line, except that service entrance and service lines may be closer than 25 feet but not over the tanks or loading area. This prohibition shall not apply to a fuel oil tank with up to a 275-gallon individual capacity or a 550-gallon aggregate capacity that is used for heating purposes.

(9) A flammable or combustible liquid outdoor storage area shall not occupy any area used as a means of egress.

(10) Underground tanks shall not be abandoned.

History

• History: 1979 AC; 1983; AACS; 2015 AACS.

Mich. Admin. Code R 408.41866 Portable tanks and emergency venting {#sec-r-408.41866 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41866}

Rule 1866. (1) A portable tank that has a capacity of 660 gallons or less of flammable liquid shall be in compliance with emergency venting and other devices, as required by chapters III, IV, and V of The National Fire Protection Association Standard NFPA 30, "Flammable and Combustible Liquids Code," 1996 edition, which is adopted by reference in R 408.41802.

(2) A portable tank that has a capacity of more than 660 gallons of flammable or combustible liquid shall have emergency venting and other devices, as required by chapters II and III of The National Fire Protection Association Standard NFPA 30, "Flammable and Combustible Liquids Code," 1996 edition, which is adopted by reference in R 408.41802.

(3) An employer shall contact the Michigan department of licensing and regulatory affairs, bureau of fire services, storage tank division, for additional rules concerning the installation, use, and storage of liquefied petroleum gases. The storage tank division can be reached at 3101 Technology Blvd, Suite H, Lansing, Michigan, 48910; telephone number: 517.335.7211 or via the internet at website: www.michigan.gov/storagetanks

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41867 Dispensing {#sec-r-408.41867 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41867}

Rule 1867. (1) An area where a flammable liquid is transferred at 1 time, in a quantity of more than 5 gallons from 1 tank or container to another tank or container, shall be separate from other operations or a building by a distance of 25 feet or by a wall not less than 5 feet high having a fire resistance of not less than 1 hour.

(2) Provisions shall be made to neutralize spills of flammable liquids. Natural or mechanical ventilation shall be capable of maintaining vapor below 10% of the lower explosive limit.

(3) Transfer of a category 1, 2, or 3 flammable liquid from 1 container to another shall be done only when the containers are electrically bonded.

(4) A flammable liquid shall be transferred from or drawn into containers by 1 of the following:

(a) Through a closed piping system.

(b) From a safety can.

(c) By a device drawing through the top from a closed container or portable tank, by gravity or a pump, through a self-closing valve. Air pressure shall not be used.

(5) A dispensing device, hose, and nozzle for category 1, 2, or 3 flammable liquids shall be an approved type.

(6) The dispensing units shall be protected from collision damage.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41868 Handling at point of use {#sec-r-408.41868 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41868}

Rule 1868. (1) Not more than 1 day's supply, but not to exceed 25 gallons of flammable liquid, shall be permitted to stand outside a cabinet at a place of usage.

(2) A category 1, 2, or 3 flammable liquid shall not be used where there is an open flame or source of ignition within 50 feet of the liquid, unless conditions warrant greater clearance.

(3) Leakage or spillage of a flammable liquid shall be disposed of without creating another hazard.

(4) Natural or mechanical ventilation capable of maintaining the vapor below 10% of the lower explosive limit shall be provided and used when a flammable liquid is used or handled.

(5) Category 1, 2, or 3 flammable liquids shall be kept in closed containers when not in use.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41869 Service and refueling areas {#sec-r-408.41869 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41869}

Rule 1869. (1) A tank truck shall be designed, constructed, and maintained as prescribed in The National Fire Protection Association Standard NFPA 385 "Standard For Tank Vehicles For Flammable and Combustible Liquids," 1990 edition, which is adopted by reference in R 408.41802.

(2) The dispensing hose shall be an approved type.

(3) The dispensing nozzle shall be an approved automatic-closing type without a latch-open device.

(4) An emergency switch that is clearly identified and accessible shall be available to shut off all power to all dispensing devices in an emergency and shall be in a location that is remote from the dispensing device.

(5) Sources of ignition, such as smoking, open flame, cutting and welding, frictional heat, sparks, and heating equipment, shall not be permitted within 25 feet in any direction of where an internal combustion engine is fueled or where a flammable liquid is dispensed.

(6) A warning sign prohibiting smoking shall be posted as prescribed in Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41802.

(7) The motor of any equipment being fueled shall be shut off during the fueling operation.

(8) Flammable liquids shall be stored in approved closed containers, in tanks located underground, or in aboveground portable tanks.

LIQUEFIED PETROLEUM GAS

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41871 Rescinded {#sec-r-408.41871 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41871}

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41872 Rescinded {#sec-r-408.41872 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41872}

History

• History: 1979 AC; 1983 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.41873 L.P. safety devices {#sec-r-408.41873 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41873}

Rule 1873. (1) Every container and every vaporizer shall be provided with 1 or more approved safety relief valves or devices. These valves shall be arranged to afford free vent to the outer air with discharge not less than 5 feet away, horizontally, from any opening into a building which is below such a discharge.

(2) Shutoff valves shall not be installed between the safety relief device and the container, or the equipment or piping to which the safety relief device is connected, except that a shutoff valve may be used where the arrangement of this valve is such that the full required capacity flow through the safety relief device is always afforded.

(3) Container safety relief devices and regulator relief vents shall be located not less than 5 feet in any direction from air openings into sealed combustion system appliances or mechanical ventilation air intakes.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 408.41874 L.P. gas appliances {#sec-r-408.41874 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41874}

Rule 1874. (1) LP-Gas consuming appliances shall be approved types.

(2) Any appliance that was originally manufactured for operation with a gaseous fuel other than LP-Gas, and is in good condition, may be used with LP-Gas only after it is properly converted, adapted, and tested for performance with LP-Gas before the appliance is placed in use.

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41875 L.P. containers and equipment {#sec-r-408.41875 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41875}

Rule 1875. (1) Containers in use shall be in compliance with all of the following provisions:

(a) Each system shall have containers, valves, connectors, manifold valve assemblies, and regulators of an approved type.

(b) Filling of fuel containers for trucks or motor vehicles from bulk storage containers shall be performed not less than 10 feet from the nearest masonry-walled building, or not less than 25 feet from the nearest building or other construction and, in any event, not less than 25 feet from any building opening.

(c) Filling of portable containers or containers mounted on skids from storage containers shall be performed not less than 50 feet from the nearest building.

(d) All of the following provisions apply to multiple container systems:

(i) Valves in the assembly of multiple container systems shall be arranged so that replacement of containers can be made without shutting off the flow of gas in the system.

This provision shall not be construed as requiring an automatic changeover device.

(ii) Heaters shall be equipped with an approved regulator in the supply line between the fuel cylinder and the heater unit. Cylinder connectors shall be provided with an excess flow valve to minimize the flow of gas in the event the fuel line becomes ruptured.

(iii) Regulators and low-pressure relief devices shall be rigidly attached to the cylinder valves, cylinders, supporting standards, the building walls, or otherwise rigidly secured, and shall be so installed or protected from the elements.

(2) When damage to LP-Gas systems from vehicular traffic is a possibility, the employer shall ensure that precautions against such damage are taken.

(3) Piping, pipe and tubing fittings, and valves used to supply utilization equipment within the scope of this standard shall be acceptable for services as approved by the manufacture of the equipment.

(4) Welding is prohibited on containers.

(5) Valves, fittings, and accessories connected directly to the container, including primary shut off valves, shall have a rated working pressure of at least 250 p.s.i.g. and shall be of material and design suitable for LP-Gas service.

(6) Connections to containers, except safety relief connections, liquid level gauging devices, and plugged openings, shall have shutoff valves located as close to the container as practicable.

(7) All cylinders shall meet the provisions of the Department of Transportation Title 49 C.F.R. Part 178, “Shipping Container Specifications,” as adopted in R 408.41802.

(8) When operational requirements make portable use of containers necessary, and their location outside of buildings or structures is impracticable, containers and equipment shall be permitted to be used inside of buildings or structures in accordance with R 408.41884 (12), (13), and (16), and the following rules:

(a) Systems utilizing containers having a water capacity greater than 2 1/2 pounds, nominal 1 pound LP-Gas capacity, shall be equipped with excess flow valves. Such excess flow valves shall be either integral with the container valves or in the connections to the container valve outlets.

(b) Regulators shall be either directly connected to the container valves or to manifolds connected to the container valves. The regulator shall be suitable for use with LP -Gas. Manifolds and fittings connecting containers to pressure regulator inlets shall be designed for not less than 250 p.s.i.g. service pressure.

(c) Valves on containers having water capacity greater than 50 pounds, nominal 20 pounds LP-Gas capacity, shall be protected from damage while in use or storage.

(d) Aluminum piping or tubing shall not be used.

(e) Hose shall be designed for a working pressure of at least 250 p.s.i.g. Design, construction, and performance of hose, and hose connections shall have their suitability determined by listing by a nationally recognized testing agency. The hose length shall be as short as practicable. Hoses shall be long enough to permit compliance with spacing provisions of this rule and R 408.41884 (6), (7), (8), (12), (13), and (16), without kinking or straining, or causing hose to be so close to a burner as to be damaged by heat.

(f) Containers having a water capacity greater than 2 1/2 pounds, nominal 1 pound LP-Gas capacity, connected for use shall stand on a firm and substantially level surface and, when necessary, shall be secured in an upright position.

(g) The maximum water capacity of individual containers shall be 245 pounds (nominal 100 pounds L.P. gas capacity).

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41876 Rescinded {#sec-r-408.41876 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41876}

History

• History: 1979 AC; 1983 AACS; 1995 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41877 Storage of LPG containers {#sec-r-408.41877 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41877}

Rule 1877. (1) This rule applies to the storage of portable containers whether filled or empty if they have been in service.

(2) Storage of L.P. gas within buildings is prohibited.

(3) Storage outside of buildings, for containers awaiting use, shall be located away from the nearest building or group of buildings as specified in table 4.

(4) Table 4 reads as follows:

TABLE 4

QUANTITY OF L.P. GAS STORED

DISTANCE (FEET) FROM A

BUILDING 500 lbs. or less 0 501 to 6,000 lbs. 10 6,001 to 10,000 lbs. 20 over 10,000 lbs. 25 (5) Containers shall be stored within a suitable ventilated enclosure or otherwise protected against tampering, and located as specified in table 4.

(6) When L.P. gas and 1 or more other gases are stored or used in the same area, the containers shall be marked to identify their content. Marking shall be in compliance with The Compressed Gas Association Standard CGA C7 "Guide To The Preparation Of Precautionary Labeling And Marking Of Compressed Gas Containers," 2000 edition, which is adopted by reference in R 408.41802.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2015 AACS.

Mich. Admin. Code R 408.41877a Systems utilizing containers other than DOT containers {#sec-r-408.41877a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41877a}

Rule 1877a. (1) This rule applies specifically to systems utilizing storage containers other than those constructed in accordance with DOT specifications. R 408.41875(4) applies to this rule unless otherwise noted in R 408.41875(4).

(2) Storage containers shall be designed and classified in accordance with Table 5.

TABLE 5

Contai ner Type For gases with vapor press.

Not to exceed lb.

MINIMUM DESIGN PRESSURE OF

CONTAINER,

LB. PER SQ. IN. GAGE per sq. in. gage at 100 deg. F.

(37.8 deg. C.) 1949 and earlier editions of ASME Code (Par. U-68, U-69) 1949 edition of ASME Code (Par. U-200, U-201); 1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of ASME Code;

All editions of API-ASME Code(3) 80(1) 80(1) 80 (1) 100 (1) 100 100 100 125 125 125 125 156 150 150 150 187 175 175 175 219 200(2) 215 200 250 Footnote(1) New storage containers of the 80 type have not been authorized since Dec. 31, 1947.

Footnote(2) Container type may be increased by increments of 25.

The minimum design pressure of containers shall per 100 percent of the container type designation when constructed under 1949 or earlier editions of the ASME Code (Par. U-68 and U-69).

The minimum design pressure of containers shall be 125 percent of the container type designation when constructed under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2) 1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of the ASME Code, and (3) all editions of the API-ASME Code.

Footnote(3) Construction of containers under the API-ASME Code is not authorized after July 1, 1961.

(3) Containers with foundations attached, portable or semiportable b containers with suitable steel "runners" or "skids" and popularly known in the industry as "skid tanks," shall be designed, installed, and used in accordance with these rules subject to the following provisions:

(a) If they are to be used at a given general location for a temporary period not to exceed 6 months they need not have fire-resisting foundations or saddles but shall have adequate ferrous metal supports.

(b) They shall not be located with the outside bottom of the container shell more than 5 feet, 1.52 m, above the surface of the ground unless fire-resisting supports are provided.

(c) The bottom of the skids shall not be less than 2 inches, 5.08 cm, or more than 12 inches, 30.48 cm, below the outside bottom of the container shell.

(d) Flanges, nozzles, valves, fittings, and the like, having communication with the interior of the container, shall be protected against physical damage.

(e) When not permanently located on fire-resisting foundations, piping connections shall be sufficiently flexible to minimize the possibility of breakage or leakage of connections if the container settles, moves, or is otherwise displaced.

(f) Skids, or lugs for attachment of skids, shall be secured to the container in accordance with the code or rules under which the container is designed and built, with a minimum factor of safety of 4, to withstand loading in any direction equal to 4 times the weight of the container and attachments when filled to the maximum permissible loaded weight.

(4) Field welding where necessary shall be made only on saddle plates or brackets that were applied by the manufacturer of the tank.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.41878 Rescinded {#sec-r-408.41878 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41878}

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41879 Rescinded {#sec-r-408.41879 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41879}

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41881 Rescinded {#sec-r-408.41881 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41881}

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41882 Rescinded {#sec-r-408.41882 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41882}

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41883 Rescinded {#sec-r-408.41883 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41883}

TEMPORARY HEATING DEVICES

History

• History: 1979 AC; 1983 AACS; 2015 AACS.

Mich. Admin. Code R 408.41884 Heating devices {#sec-r-408.41884 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41884}

Rule 1884. (1) Fresh air shall be supplied in sufficient quantities to maintain the health and safety of workmen. Where natural means of fresh air supply is inadequate, mechanical ventilation shall be provided.

(2) When heaters are used in confined spaces, special care shall be taken to provide sufficient ventilation in order to ensure proper combustion, maintain the health and safety of workmen, and limit temperature rise in the area.

(3) A temporary heating device shall not be located less than 50 feet from a point where a flammable liquid is used or dispensed.

(4) A temporary heating device that is set on a combustible floor shall be separated from the floor by an insulating material or 1 inch of concrete. The insulating material shall extend not less than 2 feet beyond the heater in all directions.

(5) A temporary heating device shall be located not less than 10 feet from a combustible covering, such as, but not limited to, canvas or tarpaulins, unless the covering is fastened to prevent its dislodgement due to wind action.

(6) A temporary heating device using L.P. gas, other than in an integral heatercontainer unit, shall be located not less than 6 feet from any L.P. gas container.

(7) Integral heaters may be used if designed and installed so as to prevent direct or radiant heat application to the container.

(8) Blower-and radiant-type units shall not be directed toward any L.P. gas container that is less than 20 feet away.

(9) If 2 or more heater units are located within the same unpartitioned area, then the containers of each unit shall be separated from the containers of any such other unit by not less than 20 feet.

(10) If containers are manifolded together and serve 1 heater on the same floor, then the total water capacity of the containers shall not be more than 735 pounds (nominal 300 pounds L.P. gas capacity). If more than 1 such manifold is used they shall be separated by not less than 20 feet.

(11) Heating devices, including portable heaters and salamanders using a liquid flammable fuel such as, but not limited to, fuel oil or kerosene, shall be equipped with an approved automatic shutoff safety control device which will, in the event of flame failure, shut off the flow of fuel to the main burner and pilot if used. The device shall not be relit while the combustion chamber is hot.

(12) Portable heaters including salamanders shall be equipped with an approved automatic device to shut off the flow of gas to the main burner, and pilot if used, in the event of flame failure. Such heaters, having inputs above 50,000 British thermal unit's (B.T.U.) per hour, shall be equipped with either a pilot, that is lighted and proved before the main burner can be turned on, or an electric ignition system.

NOTE: The provisions of this rule do not apply to tar kettles, hand torches, melting pots, or portable heaters of less than 7,500 British thermal unit's (B.T.U.), if used with 2 1/2 pound containers.

(13) A temporary heating device shall be installed horizontally level.

(14) A solid fuel salamander shall not be used in a building or on a scaffold.

(15) L.P. gas containers valves, connectors, regulators and manifolds, piping, and tubing shall not be used as structural supports for heaters and shall be located to minimize exposure to high temperatures or physical damage.

(16) A heating device, including a temporary heating device, designed for barometric or gravity oil feed shall be used only with an integral tank.

(17) Heaters specifically designed and approved for use with separate supply tanks may be connected for gravity feed, or an automatic pump, from a supply tank.

(18) Heating equipment of an approved type may be installed in the lubrication or service area where there is no dispensing or transferring of category 1, 2, or 3 flammable liquids, provided the bottom of the heating unit is at least 18 inches above the floor and is protected from physical damage.

(19) Heating equipment installed in lubrication or service areas, where category 1, 2, or 3 flammable liquids are dispensed, shall be of an approved type for garages and shall be installed at least 8 feet above the floor.

History

• History: 1979 AC; 1983 AACS; 2002 AACS; 2013 AACS; 2015 AACS.

R 408.41901 to R 408.41980 Part 19. Tools

Mich. Admin. Code R 408.41901 Scope {#sec-r-408.41901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41901}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 19. TOOLS

Rule 1901. This standard pertains to the manufacture, care, and use of tools for construction operations.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.41902 Adopted and referenced standards {#sec-r-408.41902 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41902}

Rule 1902. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or at website: www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this rule:

(a) American National Standards Institute (ANSI) 01.1 “Safety Code for Woodworking Machinery,” 1961 edition. Cost: $20.00.

(b) ANSI A10.3 “Powder-Actuated Fastening Systems,” 1985 edition. Cost: $20.00.

(c) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section VIII, “Unfired Pressure Vessels,” 1980 edition. Cost: $514.00.

(2) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(3) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 6 “Personal Protective Equipment,”

R 408.40601 to R 408.40641.

(b) Construction Safety Standard Part 17 “Electrical Installations,” R 408.41701 to R 408.41734.

(c) Construction Safety Standard Part 22 “Signals, Signs, Tags and Barricades,”

R 480.42201 to R 408.42242.

(d) Occupational Health Standard Part 621 “Health Hazard Control for Specific Equipment and Operations for Construction,” R 325.62102 to R 325.62126.

History

• History: 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41926 Definitions; A to D {#sec-r-408.41926 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41926}

Rule 1926. (1) "Abrasive wheel" means a cutting tool that consists of abrasive grains held together by a bonding material.

(2) "Alligator shear" means a machine which has a powered blade and a fixed blade and which creates a shearing action when the moving blade meets the fixed blade.

(3) "Approved tool" means a tool that meets the requirements for specific operations as prescribed in this part.

(4) "Band saw" means a machine equipped with 2 wheels on which a continuous band blade rides.

(5) "Chamber" means to fit without the use of force.

(6) "Circular table saw" means a machine which has a circular blade and a table to support the material and which is used for ripping, crosscutting, dadoing, and rabbeting.

(7) "Combination or universal machine" means a machine which combines several operations, such as sawing, jointing, and drilling.

(8) "Cutter head" means a powered holder for a cutting blade.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.41927 Definitions; G to O {#sec-r-408.41927 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41927}

Rule 1927. (1) "Grounded" means grounding as required by Construction Safety Standard Part 17 “Electrical Installations,” as referenced in R 408.41902.

(2) "Guard" means an enclosure designed to restrain pieces of abrasive wheel and protect the employee in the event of wheel breakage.

(3) "Hammer-actuated piston tool" means a low-velocity, powder-actuated device that, when struck by a heavy hammer and supplemented by a power load, moves a captive piston to drive a fastener into a material.

(4) "Hand tool" means an instrument used or worked by hand.

(5) "Hand-held circular saw" means a hand-held machine that has a circular blade and that is used for crosscutting and ripping.

(6) "Hand-held powered tool" means a tool that is operated by hand, but powered by other means.

(7) "Jack" means a device for lifting and lowering a load or moving it horizontally by application of a pushing force.

(8) "Jointer" means a machine with a revolving cutter head set into an adjustable table over which the material is moved across the cutter head.

(9) "Lockout" means to secure by use of a lock.

(10) "Masonry cutting" means the cutting off, notching, or slotting of units of materials such as brick, tile, block, or refractory shapes where the workpiece is brought into the machine.

(11) "Minimum clear hot stick distance" means the distance from an energized conductor or equipment to the closest hand of the employee holding the hot stick.

(12) "Offhand grinding" means the grinding of any material that is held in an employee's hand.

History

• History: 1979 AC; 1989 AACS; 2016 AACS.

Mich. Admin. Code R 408.41928 Definitions; P {#sec-r-408.41928 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41928}

Rule 1928. (1) "Point of operation" means that point at which cutting, shaping, working, assembling, or forming is accomplished upon the stock.

(2) "Point of operation device" means a control or attachment which does any of the following:

(a) Restrains the operator from inadvertently reaching into the point of operation.

(b) Prevents normal machine operation if the operator's hands are inadvertently within the point of operation.

(c) Automatically withdraws the operator's hands if they are within the point of operation as the machine cycles.

(3) "Portable powered stapler and nailer" means a tool that drives a staple or nail by mechanical, pneumatic, or electrical power into a workpiece, but does not mean a general office stapler.

(4) "Portable powered tool" means a machine or instrument which is carried or moved by hand and which is powered by something other than the hand.

(5) "Powder-actuated tool" means a device that makes instantaneous forcedentry fastenings into construction materials through the use of a fastener and an explosive load.

(6) "Powered bender" means a machine that consists of dies or fixtures located between a moving and a fixed machine part. When metal is placed between the parts, the moving part is pressed against the fixed part, bending the metal to the desired shape.

(7) "Powered feed rolls" means parallel rolls that run inward to move material into the point of operation of a machine.

(8) "Power load" means a substance that is capable of producing a propellant force in a powder-actuated tool.

(9) "Protective shield" means a device or guard which is attached to the muzzle end of a powder-actuated tool to confine flying particles.

(10) "Push block" means a short block of wood which has a handle similar to that of a plane, a shoulder at the rear end, and is used for pushing stock over revolving cutters.

(11) "Push stick" means a narrow strip of wood or other soft material which has a notch or sharp point on 1 end and which is used to push material through the point of operation of a cutting tool.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.41929 Definitions; Q to W {#sec-r-408.41929 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41929}

Rule 1929. (1) "Qualified operator" means an employee who possesses a valid operator's card issued pursuant to R 408.41942 for the operation of powder-actuated tools.

(2) "Radial saw" means a machine with a circular blade suspended from a horizontal arm.

(3) "Rating" means the maximum working load that an object is designed to handle under given circumstances.

(4) "Roll form machine" means a machine that has in-running rolls which are arranged to form a desired shape of metal when the metal is fed through the rolls.

(5) "Slitter" means a machine that has circular knives mounted on powered shafts with the cutting faces adjacent to each other in a manner that shears metal when it is fed through the knives.

(6) "Squaring shear" means a machine which has a table and which utilizes a driven ram with a blade for shearing action. The ram moves a nonrotary blade, at a constant rate, past the edge of a fixed blade at the table and cuts metal.

(7) "Stationary machine tool" means a machine that is set up on a construction project in a temporary, stationary position.

(8) "Tool" means a machine, instrument, or device covered by this part.

(9) "Tuck-point grinding" means the removal of mortar or cement between masonry units by grinding.

(10) "Woodworking machine" means a machine which removes, shapes, or cuts wood or is used to assemble parts.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.41931 Rescinded {#sec-r-408.41931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41931}

R 408.41932. Tools generally.

Rule 1932. (1) Regardless of ownership, a tool or part of a tool with a defect that could cause an injury shall be replaced or repaired before use.

(2) When a guard is provided on a tool, the guard shall not be made inoperative. The guard may be removed only for repair, service, or setup, and it shall be replaced before the tool is returned to use.

(3) Hand tools or portable powered tools shall not be left on a scaffold, ladder, or work platform after the completion of the work operation or day. Before the scaffold, ladder, or work platform is moved, all tools shall be removed or properly secured against displacement.

(4) A tool shall be visually inspected by the user for safe operation before each daily use and, when found defective, shall be removed from service and tagged. The tag shall be in compliance with Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41902.

(5) A tool that is used in a potentially explosive atmosphere shall be designed and approved for such atmosphere.

(6) A safety device or operating control shall not be made inoperative, except for the removal of lock-on control devices.

History

• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 1989 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41933 Portable powered tools; controls {#sec-r-408.41933 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41933}

Rule 1933. (1) A hand-held powered circular saw which has a blade diameter of more than 2 inches; an electric, hydraulic, or pneumatic chain saw; and a percussion tool without positive accessory holding means shall be equipped with a constant-pressure switch or control that shuts off the power when the pressure is released. A gasolinepowered, hand-operated tool shall be equipped with a constant-pressure throttle control. A throttle position lock may be provided for starting only.

(2) All of the following tools shall be equipped with a constant-pressure switch or control and may have a lock-on control if the tool can be turned off by a single motion of the same finger or fingers that turn it on without release of the grip on the tool:

(a) A hand-held powered drill.

(b) Tapper.

(c) Fastener driver.

(d) Grinder with a wheel more than 2 inches in diameter.

(e) Disc sander with a disc more than 2 inches in diameter.

(f) Belt sander.

(g) Reciprocating saw.

(h) Saber saw.

(i) Scroll saw.

(j) Jigsaw with a blade shank more than a nominal 1/4 inch.

(k) Similarly operating power tool.

The lock-on control of a drill of more than 3/8-inch capacity shall not be used when the drill is held in the hand to drill, clean, or enlarge a hole.

(3) All of the following hand-held powered tools may be equipped with either a positive on-off control or other control as prescribed in subrules (1) and (2) of this rule:

(a) A platen sander.

(b) Grinder with a wheel 2 inches or less in diameter.

(c) Disc sander with discs 2 inches or less in diameter.

(d) Router.

(e) Planer.

(f) Laminate trimmer.

(g) Nibbler.

(h) Shear.

(i) Saber saw.

(j) Scroll saw.

(k) Jigsaw with a blade shank of nominal 1/4 inch or less.

(4) The operating control on a hand-held power tool shall be located so as to prevent accidental operation.

R 408.41934. Electric-powered tools.

Rule 1934. (1) An electric-powered tool, such as a saw, drill motor, and router, shall be grounded. This requirement does not pertain to ungrounded electrical systems. Ground fault circuit interrupters shall be used with ungrounded electrical systems.

(2) Subrule (1) of this rule does not apply to a double insulated electric power tool labeled with underwriters laboratory or other nationally recognized testing laboratory approval for double-insulated tools.

(3) A portable, power-driven circular saw shall be equipped with a guard above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the saw is withdrawn from the work, the lower guard shall return automatically and instantly to the covered position.

(4) The trailing cord of a portable powered tool shall not be used to hoist or lower the tool.

(5) A powered tool shall be disconnected from its power source when it is serviced or when the point of operation device is changed by a device or tool.

(6) When not grounded or double-insulated, an electrically powered hand tool used for the installation of power transmission and distribution systems shall be connected to the power supply by means of an isolating transformer or other isolated power supply.

R 408.41935. Portable pneumatic-powered tools.

Rule 1935. (1) Safety clips or retainers shall be installed on pneumatic impact tools to prevent dies and tools from being accidentally expelled from the barrel.

(2) Pressure shall be shut off by means of a valve and exhausted from lines before disconnecting the lines from tools or connections, except when using a quick makeup coupling.

(3) Safety fasteners shall be provided at connections between tools and hose lines and at all quick makeup-type connections to prevent accidental disengagement.

(4) The rated pressure capacity of hoses, pipes, filters, valves, and fittings shall be not less than the rated pressure capacity of the tool. The pneumatic tool and its accessories shall not be operated at a pressure that is more than the rated capacity.

(5) Defective hoses or connections shall be removed from service.

(6) A hose shall not be used for hoisting or lowering a pneumatic-powered tool.

(7) A pneumatic-powered tool that has a hose which has an inside diameter of more than 1/2 of an inch shall have a safety device at the source of supply or branch line to reduce the pressure in case of hose failure.

(8) An airless spray gun that atomizes paint and fluids at a pressure of more than 1,000 pounds per square inch shall be equipped with an automatic or visible manual safety device that prevents the pulling of the trigger to release the paint or fluid until the safety device is manually released.

(9) Abrasive blast cleaning nozzles shall be equipped with an operating valve that can only be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.

History

• History: 1979 AC; 1989 AACS.
• History: 1979 AC; 1989 AACS; 2013 AACS.
• History: 1979 AC; 1989 AACS; 1995 AACS; 2013 AACS.

Mich. Admin. Code R 408.41936 Cleaning with compressed air {#sec-r-408.41936 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41936}

Rule 1936. (1) Compressed air shall not be used for blowing dirt or dust from the hands, face, or clothing.

(2) Air pressure at the discharge end of a portable air gun or hose used for cleaning shall not exceed 30 pounds per square inch gauge (p.s.i.g.), except the pressure may exceed 30 p.s.i.g. when sandblasting, cleaning concrete forms, or for joint cleaning.

When air pressure exceeding 30 p.s.i.g. is used for concrete forms or joint cleaning, a pipe extension of not less than 4 feet shall be used at the end of the hose.

(3) When air under pressure is used to remove chips or dust, a chip guard, such as a fixed or removable shield, safely located, shall be provided to protect the operator and any employee in an adjoining area.

(4) The employee using air under pressure shall use personal protective equipment provided for and as prescribed in Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.41902, to protect against hazards created by the operation.

History

• History: 1979 AC; 1982 AACS; 2016 AACS.

Mich. Admin. Code R 408.41937 Powered staplers and nailers {#sec-r-408.41937 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41937}

Rule 1937. (1) A portable powered stapler or nailer that is capable of driving a fastener that has a diameter of more than .0475 inch, 18 gauge A.W.G., at more than 75 feet per second shall be designed so that the operator is required to make not less than 2 separate operations to activate the tool, with 1 operation being to place the tool against the work surface.

(2) The design shall prevent the discharge of the stapler or nailer when loading or when dropped.

(3) A portable powered stapler or nailer shall not be pointed or discharged at other than the workpiece.

(4) The operator of a portable powered stapler or nailer and those employees within the striking distance of its fastener shall wear eye protection provided for and as prescribed in Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.41902.

(5) A positive actuation of the operator control shall be required to propel each fastener from a powered stapler or nailer.

(6) When relieving a jam-up of a fastening device, the source of power shall be disconnected.

(7) Before use, a portable powered stapler and nailer shall be tested for safe operation.

History

• History: 1979 AC; 1982 AACS; 1989 AACS; 2016 AACS.

Mich. Admin. Code R 408.41938 Hand tools {#sec-r-408.41938 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41938}

Rule 1938. (1) A pipe, socket, end, or adjustable wrench or pliers having sprung or worn jaws that allow slippage shall not be used.

(2) Impact tools such as, but not limited to, a drift pin, chisel, wedge, or hammer, shall be kept free of mushroomed heads.

(3) A wooden handle of a hand tool that is split, cracked, or splintered shall not be used.

(4) A measuring tape or device that is metal or contains conductive strands shall not be used when working on or near electrically energized parts.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41941 Powder-actuated tool operators' qualifications {#sec-r-408.41941 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41941}

Rule 1941. An operator of a powder-actuated tool shall be trained to clean the tool correctly and to recognize any worn or defective part or defective operation. The operator shall be able to use the powder-actuated tool safely under varying conditions, know the limitations of its use, and demonstrate competence by actually operating the tool in the presence of the persons who issue the operator's card. The operator shall be familiar with the provisions of these rules and the instructions provided by the manufacturer for operation and care of the powder-actuated tool to be operated, and be able to read the instructions.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41942 Powder-actuated tool operators' cards {#sec-r-408.41942 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41942}

Rule 1942. (1) An operator of a powder-actuated tool shall have an operator's card that should be in the operator's possession at all times while using the tool and be presented upon request or an employer may establish and maintain at the jobsite a list of employees qualified to operate a powder-actuated tool.

(2) Failure to comply with any of these rules is sufficient cause for the immediate surrender of an operator's card to the employer.

(3) The purpose of the card is to certify that the operator has completed the required training to become a qualified operator.

(4) The card should be of a size, approximately 2 1/2 by 3 1/2 inches, that readily fits into a wallet.

(5) The face of the card should include the following text and bear the signature of the issuer of the card, authorized as provided in subrule (8) of this rule:

QUALIFIED OPERATOR

POWDER-ACTUATED FASTENING TOOLS

DATE:

SERIAL NUMBER:

NAME OF OPERATOR:

THIS CERTIFIES THAT THE ABOVE NAMED OPERATOR HAS

RECEIVED THE PRESCRIBED TRAINING IN THE OPERATION OF

POWDER-ACTUATED FASTENING TOOLS MANUFACTURED

BY THE FOLLOWING:

NAME OF MANUFACTURER:

MODEL(S):

AUTHORIZED ISSUER:

SIGNATURE OF OPERATOR:

(6) A statement should be provided on the card as follows:

"I have received instruction in the safe operation of powder-actuated fastening tools of the makes and models specified, and I agree to conform to the rules governing their use."

(7) A note should be printed on the card as follows:

"Revocation of Card Failure to comply with any rule for safe operation of powder-actuated fastening tools is sufficient cause for the immediate surrender of the card to the employer."

(8) The manufacturer of a powder-actuated tool should establish an appropriate program to instruct its employees, dealers, and distributors in the proper technical training and testing of operators and the issuance of operators' cards. Operators' cards may be issued by either of the following:

(a) A dealer or distributor of powder-actuated tools, who has been authorized by the tool manufacturer to issue such cards.

(b) An authorized employee of a powder-actuated tool manufacturer.

R 408.41943. Powder-actuated tool operation.

Rule 1943. (1) An operator and assistant using a powder-actuated tool shall be safeguarded by means of eye protection. Head and face protection shall be used as required by the working conditions. Eye protection and head and face protection shall be provided for and as prescribed in Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.41902.

(2) Before using a powder-actuated tool, the operator shall inspect it to determine to the operator’s satisfaction that it is clean, that all moving parts operate freely, and that the barrel is free from obstructions. A tool found not to be in proper working order, or that develops a defect during use, shall be immediately removed from service and tagged, and not used until repaired. The tag shall be as prescribed in Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.41902.

(3) A powder-actuated tool shall not be loaded until just prior to the intended firing time. An unattended powder-actuated tool shall not be left loaded.

(4) A powder-actuated tool shall not be left unattended in a place where it is available to unauthorized persons.

(5) Neither a loaded nor an empty powder-actuated tool shall be pointed at any employee, and hands should be kept clear of the open barrel end.

(6) A fastener shall not be driven under any of the following conditions:

(a) Through an existing hole, unless a positive guide is used to secure accurate alignment.

(b) Into a material that can be easily penetrated, unless the material is backed by a substance that will prevent the fastener from passing completely through and creating a flying missile hazard on the other side.

(c) Into a very hard or brittle material, such as cast iron, glazed tile, surface hardened steel, glass block, live rock, face brick, or hollow tile, unless designed for such use.

Before fastening any questionable material, the operator shall determine its suitability by using a fastening as a center punch. If the fastener point does not easily penetrate, is not blunted, and does not fracture the material, initial test fastenings shall then be made pursuant to the tool manufacturer’s recommendations.

(d) Directly into material, such as brick or concrete, closer than 3 inches from the unsupported edge or corner, or into a steel surface closer than 1/2 inch from the unsupported edge or corner, unless a special guard, fixture, or jig is used. As an exception, a low velocity powder-actuated tool may drive no closer than 2 inches from the edge in concrete or 1/4 inch in steel. When fastening other material such as a 2 inch by 4 inch wood section to a concrete surface, a fastener of no greater than 7/32 inch shank diameter may be driven not closer than 2 inches from the unsupported edge or corner of the work surface.

(7) A fastener shall not be driven into a spalled area caused by an unsatisfactory fastening.

(8) A powder-actuated tool shall be used with the correct guard, shield, or attachment recommended by the manufacturer.

History

• History: 1979 AC; 2016 AACS.
• History: 1979 AC; 1982 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41944 Powder-actuated tool testing and servicing {#sec-r-408.41944 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41944}

Rule 1944. (1) A powder-actuated tool shall be tested each day before loading to see that safety devices are in proper working order.

(2) The method of testing shall be pursuant to the manufacturer's recommended procedure.

(3) A powder-actuated tool owner shall have the tool serviced and inspected at regular intervals by competent service personnel and shall not permit the tool to be altered or repaired, except by competent repair people.

R 408.41945. Powder-actuated tools; design and construction.

Rule 1945. A powder-actuated tool shall be designed and constructed as prescribed in section 6 of ANSI standard A10.3 “Powder-Actuated Fastening Systems,” 1985 edition, as adopted in R 408.41902.

R 408.41949. Powder-actuated tool loads and studs.

Rule 1949. (1) Power loads shall be coded and used as prescribed in section 7 and table 1 of ANSI standard A10.3 “Powder-Actuated Fastening Systems,” 1985 edition, as adopted in R 408.41902.

(2) Studs or other fasteners used in powder-actuated tools shall be only those specifically manufactured for use in powder-actuated tools.

History

• History: 1979 AC; 1997 AACS.
• History: 1979 AC; 1997 AACS; 2013 AACS; 2016 AACS.
• History: 1979 AC; 1997 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41950 Powder-actuated tool defects and misfires {#sec-r-408.41950 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41950}

Rule 1950. In case of a misfire, the operator shall hold the powder-actuated tool in the operating position for not less than 30 seconds. The operator shall then try to operate the tool a second time.The operator shall wait another 30 seconds, holding the tool in the operating position, then the operator shall proceed to remove the explosive load in strict accordance with the manufacturer's instructions.

Misfired cartridges should be placed carefully in a metal container filled with water and returned to the supervisor for disposal.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41951 Woodworking machinery generally {#sec-r-408.41951 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41951}

Rule 1951. (1) A woodworking machine shall have a disconnect switch that can be locked in the off position. This rule does not apply to hand-held tools. An employer shall establish and maintain a lockout procedure. A machine connected to an electrical source by a plug-in cord shall be considered in compliance if the plug is disconnected and tagged.

(2) The vibration of a machine shall not create a hazard to the operator.

(3) An arbor and mandrel shall have a firm and secure bearing.

(4) The frames and all exposed metal parts of electric woodworking machinery shall be grounded. A portable motor driving and electric tool shall be grounded unless it has approved double insulation.

(5) A woodworking machine shall not automatically restart upon restoration of power after a power failure. A machine wired to a 110-volt line before April 11, 1979, is excepted from this rule.

(6) Operating controls shall be located within reach of the operator while the operator is at the regular work station, making it unnecessary to reach over the cutters.

The controls shall be installed so as to eliminate the danger of accidental activation. This subrule does not apply to a constant-pressure control used only for setup purposes.

(7) All woodworking machines shall be provided with point of operation guards.

R 408.41952. Woodworking tools and machinery.

Rule 1952. All woodworking tools and machinery shall meet all other applicable requirements of ANSI standard 01.1 “Safety Code for Woodworking Machinery,” 1961 edition, as adopted in R 408.41902.

R 408.41953. Circular table saw guards.

Rule 1953. (1) A circular table saw shall have a hood type guard covering the blade at all times when not in use. When in use, the hood type guard shall enclose that part of the blade above the table and that part of the blade above the material by adjusting automatically to the thickness of the material being cut, or it may be a fixed or manually adjusted hood-type guard if the hood remains in contact with the material.

(2) A hood-type guard shall be made of 14-gauge metal or thicker. Plastic may be used if it can resist blows and strains incidental to reasonable operation, adjusting, and handling, and is designed to protect the operator from flying splinters and broken saw teeth. The guard shall be made of material soft enough so that it will be unlikely to cause tooth breakage.

(3) The hood shall be mounted so that its operation is positive, reliable, and in true alignment with the saw. The mounting shall be of sufficient strength to resist any reasonable side thrust or other force tending to throw it out of line.

R 408.41954. Radial arm saws; guards, spreaders, and stops.

Rule 1954. (1) The upper hood of a radial arm saw shall completely enclose the upper portion of the blade down to a point that includes the end of the saw arbor. The upper hood shall be constructed in a manner and of not less than 14-gauge sheet metal or equivalent material that protects the operator from flying splinters and broken saw teeth and deflects sawdust away from the operator. The sides of the lower exposed portion of the blade shall be guarded to the full diameter of the blade by a device that automatically adjusts itself to the thickness of the stock and remains in contact with the stock being cut to give the maximum protection possible for the operation being performed.

(2) Non-kickback fingers or dogs shall be located on both sides of each radial arm saw blade used for ripping to oppose the thrust or tendency of the saw to pick up the material or to throw it back toward the operator. Non-kickback fingers or dogs shall be designed to provide adequate holding power for all thicknesses of material being cut.

(3) An adjustable stop shall be provided to prevent the forward travel of the blade beyond the position necessary to complete the cut in repetitive operations. A limit chain or other equally effective device shall be provided to prevent the saw blade from sliding beyond the edge of table or the table at that place shall be extended to eliminate overrun.

(4) The cutting head of a radial arm saw shall return gently, without rebound, to the starting position when released by either of the following means:

(a) Sloping the unit.

(b) A counterweight system. This system shall not use fiber and synthetic rope or springs.

History

• History: 1979 AC; 1989 AACS; 2016 AACS.
• History: 1979 AC; 2013 AACS; 2016 AACS.
• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.41955 Band saws {#sec-r-408.41955 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41955}

Rule 1955. (1) All portions of the band saw blade shall be enclosed or guarded, except for the working portion of the blade between the bottom of the guide and the table.

(2) A band saw wheel shall be fully encased. The outside periphery of the enclosure shall be solid. The front and back of the band wheels shall be enclosed by solid material, wire mesh, or perforated metal. Mesh or perforated metal shall be not less than .0037 inch (United States gauge no. 20) and the openings shall be not more than 3/8 of an inch. Solid material used for this purpose shall be of an equivalent strength and firmness. The upper wheel guard shall be made to conform to the travel of the saw on the wheel. The top member of the guard should have not less than a 2inch clearance outside the saw and be lined with smooth material.

(3) A guard for the portion of the blade between the sliding guide and the upper saw wheel guard shall protect the saw blade at the front and outer side. The guard shall be self-adjusting to raise and lower with the guide. The sliding blade guide shall be kept to within 1/4 inch of the workpiece.

(4) A band saw shall not be stopped by thrusting a piece of wood against the cutting edge of the teeth when the power is off.

(5) A horizontal band saw shall have all portions of the saw blade enclosed, except for the working portion of the blade.

History

• History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 408.41956 Rescinded {#sec-r-408.41956 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41956}

R 408.41957. Stationary machine tools generally.

Rule 1957. (1) Machine tools, such as band saws, drill presses, and pipe-cutting and pipe-threading machines, which are set up on a construction project in a temporary stationary position shall have a stop device which is within reach of the operator’s designated position and shall have power on/off switch. The switch shall be located and guarded so as to prevent unintentional activation by contact with objects or part of the body.

(2) A foot control shall be provided with a cover or guard that is capable of preventing accidental activation.

R 408.41959. Fuel-powered tools.

Rule 1959. (1) A fuel-powered tool shall be stopped before being refueled, serviced, or maintained.

(2) When using a fuel-fired powered tool in an enclosed area, the toxic fumes shall be exhausted as prescribed by Occupational Health Standard Part 621 “Health Hazard Control for Specific Equipment and Operations for Construction,” as referenced in R 408.41902.

(3) A fuel-fired portable tool shall be moved a minimum of 10 feet from the place where it was refueled before starting.

(4) A chain saw’s chain shall be stopped if it is not being used for sawing. A chain saw shall be carried by the top handle with the guide bar to the rear.

(5) The use of a chain saw to open a hole in a solid object, such as a floor, wall, or panel, is prohibited.

(6) A chain saw’s chain shall be guarded adjacent to the handle area. Sawdust from a chain saw shall be directed away from the operator.

History

• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 1989 AACS; 2013 AACS.
• History: 1979 AC; 1989 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.41960 Abrasive wheels generally {#sec-r-408.41960 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41960}

Rule 1960. (1) Except for the following operations or tools, an abrasive wheel shall be provided with a guard that cover’s the spindle end, nut, and flange projections as well as the periphery:

(a) Internal grinding while within the work being ground.

(b) Mounted wheels that are not more than 2 inches in diameter.

(c) A cup wheel operated at less than 500 revolutions per minute.

(d) A tuck-point grinder wheel. Such wheel shall be guarded as shown in figure 1.

(e) Masonry or concrete saws. Such saws may have the spindle end, nut, and flange guarded as shown in figure 2 or 3.

(2) An abrasive wheel shall not be run at a speed that is greater than the rated speed on the wheel.

(3) A cracked or broken abrasive wheel shall not be used.

(4) Eye protection shall be provided to, and used by, each employee operating an abrasive wheel. Eye protection shall comply with the provisions of Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.41902.

(5) Figures (1), (2), and (3) read as follows:

History

• History: 1979 AC; 1989 AACS; 2016 AACS.

Mich. Admin. Code R 408.41961 Offhand grinders; safety devices {#sec-r-408.41961 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41961}

Rule 1961. (1) Offhand grinders shall be equipped with either a work rest or a device that shall prevent the workpiece from jamming between the abrasive wheel and the wheel guard.

(2) A work rest shall be adjusted and maintained to within 1/8 of an inch (0.3175 cm) of the abrasive wheel.

(3) A work rest shall be designed and constructed of metal that is capable of supporting the workpiece. A work rest shall be of rigid construction and designed to be adjustable to compensate for wheel wear.

History

• History: 1979 AC; 1989 AACS; 1995 AACS.

Mich. Admin. Code R 408.41962 Hand-held grinders; safety devices {#sec-r-408.41962 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41962}

Rule 1962. (1) A guard on a right angle head or vertical portable grinder shall have the guard located so as to be between the operator and the abrasive wheel during use.

(2) A cup wheel on a portable grinder shall be protected by a band-type or revolving cup guard.

R 408.41964. Hydraulic power tools.

Rule 1964. (1) A hydraulically powered tool shall use approved fire-resistant fluids which do not change the performance characteristics during temperature extremes.

(2) The rated capacity of hydraulic hose, valves, pipe, filters, and other fittings shall not be exceeded.

History

• History: 1979 AC; 1989 AACS.
• History: 1979 AC; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41966 Jacks generally {#sec-r-408.41966 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41966}

Rule 1966. (1) The rated capacity shall be legibly marked on a jack, and the capacity shall not be exceeded. A jack shall have a positive stop to prevent overtravel.

(2) A hydraulic jack used for lift slab construction shall have a device that causes the jack to support the load in any position if the jack malfunctions.

(3) A lift slab jack system that is automatically controlled shall have a device which stops the operation when a 1/2 inch leveling tolerance is exceeded.

(4) A jack shall be provided a firm foundation. A wood block shall be placed between the load and the metal cap of a jack to prevent slippage.

(5) After a load has been raised, it shall be immediately cribbed, blocked, or otherwise secured.

(6) Hydraulic jacks exposed to freezing temperatures shall be supplied with an adequate antifreeze liquid.

(7) All jacks shall be properly lubricated at regular intervals.

(8) Each jack shall be thoroughly inspected. The frequency of inspections shall be as follows:

(a) For constant or intermittent use at 1 locality, once every 6 months.

(b) For jacks sent out of the shop for special work, when sent out and when returned.

(c) For a jack subjected to abnormal load or shock, immediately before and immediately after being subjected to the load or shock.

(9) Repair or replacement parts shall be examined for possible defects.

(10) Jacks that are out of order shall be tagged accordingly and shall not be used until repairs are made.

History

• History: 1979 AC; 1995 AACS.

Mich. Admin. Code R 408.41967 Chain falls and hoist and pullers; capacity {#sec-r-408.41967 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41967}

Rule 1967. (1) A chain fall or hoist and puller shall be used at not more than its rated capacity.

(2) The capacity of a chain fall or hoist and puller shall be permanently labeled or marked on it.

(3) An accessory, such as a chain or cable, used to secure or support a chain fall or hoist and puller shall have a capacity of not less than the chain fall or hoist and puller.

(4) An object subject to a lift or pull by a chain fall shall have the capacity to absorb the lift or pull without creating a hazard to an employee in the area.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41968 Chain falls and hoist and pullers; use {#sec-r-408.41968 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41968}

Rule 1968. (1) A chain fall or hoist and puller shall be secured to an anchorage and the load attached to the chain fall or hoist and puller in a manner which prevents inadvertent disengagement.

(2) When a chain fall or hoist and puller is under tension of a load, a positive action shall be required to release the tension.

(3) A hoist and puller lever handle shall not be operated with an extension handle, except as furnished by the manufacturer.

(4) A chain fall or hoist and puller shall be visually inspected for observable defects before each job use by the employee using the tool.

History

• History: 1979 AC.

Mich. Admin. Code R 408.41969 Hot sticks {#sec-r-408.41969 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41969}

Rule 1969. (1) A hot stick and any tool attached to it shall be clean and inspected for damage before use.

(2) A hot stick that has been damaged shall not be used until replaced or repaired by a knowledgeable employee or an outside service and tested to meet the requirements of subrule (3) of this rule.

(3) A hot stick shall not be used unless it has been certified and labeled by the manufacturer to meet the following standards:

(a) Fiberglass, 100,000 volts per foot of length for 5 minutes, or any equivalent test.

(b) Wood, 75,000 volts per foot of length for 3 minutes, or any equivalent test.

(4) A hot stick shall be stored in a manner to protect it from damage. A hot stick made of wood shall be protected from moisture.

(5) A hot stick shall not be used in excess of the rated capacity certified by the manufacturer.

(6) The minimum working distance and minimum clear hot stick distances prescribed in table 1, when using live-line tools, shall not be violated.

(7) The minimum working distance for live-line bare-hand technique prescribed in table 2 shall not be violated.

TABLE 1

ALTERNATING CURRENT MINIMUM DISTANCES

Voltage Range (phase-to-phase) Kilovolts Minimum Working and Clear Hot Stick Distance 2.1 to 15 2 ft. 0 in. 15.1 to 35 2 ft. 4 in. 35.1 to 46 2 ft. 6 in. 46.1 to 72.5 3 ft. 0 in. 72.6 to 121 3 ft. 4 in. 138 to 145 3 ft. 6 in. 161 to 169 3 ft. 8 in. 230 to 242 5 ft. 0 in. 345 to 362 7 ft. 0 in. 500 to 552 11 ft. 0 in. 700 to 765 15 ft. 0 in NOTE: For 345-362 kv., 500-552 kv., and 700-765 kv., the minimum clearance distance and the minimum clear hot stick distance may be reduced provided that such distances are not made less than the shortest distance between the energized part and a grounded surface.

TABLE 2

MINIMUM CLEARANCE DISTANCES FOR LIVE-LINE BARE-HAND WORK

(ALTERNATING CURRENT)

Distance in feet and inches for maximum voltage Voltage Range (phase-to-phase) Kilovolts Phase to Ground Phase to Phase 2.1 to 15 2 ft. 0 in. 2 ft. 0 in. 15.1 to 35 2 ft. 4 in 2 ft. 4 in. 35.1 to 46 2 ft. 6 in. 2 ft. 6 in. 46.1 to 72.5 3 ft. 0 in. 3 ft. 0 in. 72.6 to 121 3 ft. 4 in 4 ft. 6 in. 138 to 145 3 ft. 6 in. 5 ft. 0 in. 161 to 169 3 ft. 8 in 5 ft. 6 in. 230 to 242 5 ft. 0 in. 8 ft. 4 in. 345 to 362 7 ft. 0 in. 13 ft. 4 in. 500 to 552 11 ft. 0 in. 20 ft. 0 in. 700 to 765 15 ft. 0 in. 31 ft. 0 in.

NOTE: For 345-362 kv., 500-552 kv., and 700-765 kv., the minimum clearance distance may be reduced provided the distances are not made less than the shortest distance between the energized part and a grounded surface.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 408.41970 Rescinded {#sec-r-408.41970 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41970}

History

• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41971 Rescinded {#sec-r-408.41971 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41971}

History

• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41972 Powered benders {#sec-r-408.41972 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41972}

Rule 1972. A powered bender shall have 1 of the following:

(a) A barrier or enclosure guard designed to protect the operator from the clamping point of operation.

(b) Either a single-stroke, hand-controlled actuation device which allows 1 hand to hold the workpiece and which is remote from the point of operation or a single-stroke, foot-controlled device which allows both hands to hold the workpiece and which is remote from the point of operation.

(c) A 2-hand, single-stroke control device.

History

• History: 1989 AACS.

Mich. Admin. Code R 408.41973 Alligator shears {#sec-r-408.41973 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41973}

Rule 1973. An alligator shear shall have the jaws enclosed with a guard which adjusts to the size and shape of the material.

History

• History: 1989 AACS.

Mich. Admin. Code R 408.41974 Rescinded {#sec-r-408.41974 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41974}

History

• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41975 Rescinded {#sec-r-408.41975 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41975}

History

• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41976 Controls {#sec-r-408.41976 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41976}

Rule 1976. (1) When a presence-sensing device is used as a safety device, the control shall incorporate a fail-safe feature.

(2) Machine start controls shall be designed and installed or guarded to prevent unintentional activation by contact with objects or a part of the body.

(3) A machine shall be provided with a stop device that is within the reach of the operator's designated position.

(4) A foot control shall be provided with a cover or guard to prevent accidental activation.

R 408.41977. Metalworking machinery or equipment; maintenance and lubrication.

Rule 1977. Any of the following methods shall be used to lubricate metalworking machinery or equipment:

(a) Manual lubrication when the machine can be shut off and locked out.

(b) The use of an automatic pressure or gravity feed system.

(c) The use of an extension pipe leading to an area outside guards or away from any hazard.

(d) The use of a means which would provide equal or greater protection to the employee than the methods specified in subdivisions (a), (b), or (c) of this subrule.

History

• History: 1989 AACS.
• History: 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.41978 Hydraulic and pneumatic systems {#sec-r-408.41978 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41978}

Rule 1978. (1) A hydraulic or pneumatic system shall be designed and constructed to have a safety factor of not less than 4.

(2) Hydraulic or pneumatic flexible lines shall be protected from chafing.

(3) To provide for the safety of employees working on or about equipment, when hydraulic, air, or steam lines are bled, equipment supported by these systems shall be physically blocked or otherwise secured by means other than components in the circuit.

History

• History: 1989 AACS.

Mich. Admin. Code R 408.41979 Rescinded {#sec-r-408.41979 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.41979}

R 408.41980. Air receivers.

Rule 1980. (1) All new air receivers installed after July 28, 1995, shall be constructed in accordance with the American Society Of Mechanical Engineers (ASME)

“Boiler And Pressure Vessel Code,” Section VIII, “Unfired Pressure Vessels,” 1980 edition which is adopted by reference in R 408.41902.

(2) All safety valves used shall be constructed, installed, and maintained in accordance with the ASME “Boiler and Pressure Vessel Code,’ Section VIII, “Unfired Pressure Vessels,” 1980 edition, as adopted in R 408.41902.

(3) Air receivers shall be installed so that all drains, handholes, and manholes are easily accessible. An air receiver shall not be buried underground or located in an inaccessible place.

(4) A drain pipe and valve shall be installed at the lowest point of every air receiver to provide for the removal of accumulated oil and water. Adequate automatic traps may be installed in addition to drain valves. The drain valve on the air receiver shall be opened and the receiver completely drained frequently to prevent the accumulation of excessive amounts of liquid in the receiver.

(5) Every air receiver shall be equipped with an indicating pressure gauge that is located so that it is readily visible and equipped with 1 or more spring-loaded safety valves. The total relieving capacity of the safety valves shall be adequate to prevent pressure in the receiver from exceeding the maximum allowable working pressure of the receiver by more than 10%.

(6) A valve shall not be placed between the air receiver and its safety valve or valves.

(7) Safety appliances, such as safety valves, indicating devices, and controlling devices, shall be constructed, located, and installed so that they cannot be readily rendered inoperative by any means, including the elements.

(8) All safety valves shall be tested frequently at regular intervals to determine whether they are in good operating condition.

History

• History: 1989 AACS; 2013 AACS.
• History: 1995 AACS; 2013 AACS; 2016 AACS.

R 408.42001 to R 408.42047 Part 20. Demolition

Mich. Admin. Code R 408.42001 Scope {#sec-r-408.42001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 20. DEMOLITION

Rule 2001. This part pertains to the demolition of structures by manual or mechanical means and to the safeguarding of the employees in this operation.

History

• History: 1979 AC; 1981 AACS.

Mich. Admin. Code R 408.42023 Definitions {#sec-r-408.42023 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42023}

Rule 2023. (1) "Balling" means to demolish by mechanically swinging a weighted ball.

(2) "Clamming" means to demolish by use of a clam bucket.

(3) "Competent person" means a person who is experienced and capable of identifying an existing or potential hazard in surroundings, or under working conditions, that are hazardous or dangerous to an employee and who has the authority and knowledge to take prompt corrective measures to eliminate the hazards.

(4) "Demolition" means to dismantle, tear down, or raze.

(5) "Hazardous substance" means a substance that is toxic, corrosive, a strong sensitizer, flammable, or explosive.

(6) "Manual demolition" means stripping or demolition by hand labor.

(7) "Mechanical demolition" means demolition by powered equipment other than hand-held tools.

History

• History: 1981 AACS; 1998-2000 AACS.

Mich. Admin. Code R 408.42031 Demolition generally {#sec-r-408.42031 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42031}

Rule 2031. (1) Before the start of a demolition operation, an employer shall ensure that all of the following are done:

(a) An engineering survey of the structure and equipment is conducted by a competent person knowledgeable in demolition to determine all of the following:

(i) The condition of the foundation, roof, walls, and floors.

(ii) Whether any adjacent structure will be affected by the demolition.

(iii) The utility service entering the building.

(iv) Any other conditions and equipment affecting the safety of an employee.

(b) An employer shall ensure that there is a written report of the survey at the field office until the completion of the job. The report shall include information such as the name of the person conducting the survey, date of the survey, and hazardous substances and dangerous conditions found and their location. In an emergency situation, a survey is not required. If a field office does not exist at the demolition site, then an employer shall file the written report of the survey at the employer’s main office.

(c) An employer shall inform utility companies of the planned demolition. An employer shall ensure that utility services are shut off, capped, or otherwise protected from damage, except as specified in subrule (2) of this rule.

(d) An employer shall ensure that glazed sash and doors and other glass that might cause an injury shall be protected or removed before demolition starts.

(2) If an employee is required to work in a structure that has been damaged by fire, flood, or explosion, then an employer shall ensure that the affected walls and floors are shored or braced before manual demolition starts.

(3) If an area or item, such as a pipe, tank, or bin, is known or suspected to contain a hazardous substance, then an employer shall ensure that testing is performed and the hazard eliminated before demolition is permitted to begin.

(4) An employer shall ensure that manual demolition of structural components starts at the top of the structure and proceeds downward so that each level is completely dropped before the next lower wall and floor is dropped, except that if a connection portion is a different level, then that portion may be removed first. This requirement does not prohibit the cutting of a floor for the removal of materials if the requirements of R 408.42044 are complied with.

(5) An employer shall ensure that an employee shall not be exposed to weather conditions during demolition work if weather conditions constitute a hazard.

(6) During manual demolition of a structure of skeleton steel construction, the steel framing may be left in place, but an employer shall ensure that all structural supports are cleared of loose material as the demolition proceeds downward.

(7) An employer shall ensure that an employee is not permitted to work on a floor below a floor opening when demolition is conducted on the upper level, unless the employee is protected by a solid barricade not less than 42 inches high and located not less than 6 feet back from the projected edge of the opening above.

(8) During demolition, an employer or his or her designated representative shall make daily inspections to detect hazards and unsafe conditions. An employer shall ensure that an employee is not permitted to work where hazards exist until the hazards are corrected by shoring, bracing, or other effective means.

History

• History: 1981 AACS; 1998-2000 AACS; 2013 AACS.

Mich. Admin. Code R 408.42032 Guarding floor and wall openings {#sec-r-408.42032 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42032}

Rule 2032. The provisions of Part 45. Fall Protection, being R 408.44501 et seq. of the Michigan Administrative Code, shall be complied with for all portions of the structure where there is employee exposure to the conditions covered by that part.

History

• History: 1981 AACS; 1996 AACS.

Mich. Admin. Code R 408.42033 Means of egress {#sec-r-408.42033 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42033}

Rule 2033. (1) When an employee is required to be inside a structure being demolished, only a means of egress designated by the employer shall be used and maintained. All other means of egress shall be closed off.

(2) The means of egress shall be free of hazards. During manual demolition, the means of egress shall be supplied with an illumination intensity of not less than 10 candlepower.

(3) A means of egress shall be guarded to protect an employee from falling material.

(4) An employee entrance to a multistory structure to be demolished shall be protected by a roof canopy for a distance of not less than 8 feet from the structure. The canopy shall be not less than 1 foot wider on each side than the entrance and shall be capable of sustaining a load of 150 pounds per square foot.

History

• History: 1981 AACS.

Mich. Admin. Code R 408.42034 Material chutes and drops {#sec-r-408.42034 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42034}

Rule 2034. (1) The area onto and through which material is to be dropped shall be completely enclosed with barricades not less than 42 inches high and not less than 6 feet back from the opening and the area receiving the material. Signs warning of the hazard of falling materials shall be posted on the barricades at each level containing the barricades.

(2) Where material is dropped through more than 1 level, the opening shall be enclosed between the upper and lower levels, an enclosed chute shall be provided, or the intermediate levels shall be barricaded as prescribed in subrule (1) of this rule. If the drop is more than 40 feet inside the building, only an enclosed opening or chute shall be used.

The chute or enclosure shall extend through the ceiling of the receiving level.

(3) A material chute shall be constructed to withstand any impact load imposed on it without failure.

(4) A material chute, or section thereof, at an angle of more than 45 degrees from the horizontal shall be entirely enclosed, except for an opening equipped with a closure at or about each floor level for insertion of materials. The opening shall not be more than 48 inches in height measured along the wall of the chute. At all stories below the top floor, the openings shall be kept closed when not in use. The chute shall fit the floor or wall opening or the open space shall be closed.

(5) Where material is dumped from mechanical equipment or a wheelbarrow, a toeboard or bumper not less than 4 inches thick by 6 inches high nominal size secured to the floor shall be provided at each material chute opening.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42041 Removal of chimneys, stacks, and walls {#sec-r-408.42041 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42041}

Rule 2041. (1) During manual demolition, a wall or ceiling shall not be permitted to fall on a floor of a building unless the floor is capable of sustaining the impact.

(2) A chimney, stack, or wall shall not be permitted to stand alone without lateral bracing unless it can withstand the force of the wind and other uncontrolled forces. A chimney, stack, or wall shall be left in a stable condition at the end of each shift.

(3) During manual demolition, a wall serving as a retaining wall to support earth shall not be demolished until the load against the wall has been removed.

(4) A wall serving as a retaining wall for debris shall be capable of supporting the imposed load.

(5) A wall serving as a bearing wall for an adjoining structure shall not be demolished until the adjoining structure has been underpinned.

(6) Safety access to and from the top of the chimney or stack shall be provided during manual demolition.

History

• History: 1981 AACS; 1996 AACS; 2013 AACS.

Mich. Admin. Code R 408.42043 Removal of structural steel {#sec-r-408.42043 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42043}

Rule 2043. (1) During manual demolition, structural steel shall be removed column length by column length and tier by tier without overstressing any member.

(2) Structural steel members shall be lowered from an upper level by mechanical means.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42044 Manual removal of ceiling and floor systems {#sec-r-408.42044 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42044}

Rule 2044. (1) A floor upon or above which an employee is working and which will be weakened by manual demolition shall be shored to support the intended load.

(2) An opening that is cut into a floor for disposal of materials shall not be more than 25% of the total floor area, unless the lateral supports of the removed flooring remain in place.

(3) An opening that is cut into a floor shall extend the full span of the floor between supports.

(4) Before a floor is demolished, debris and other material shall be removed from the area and adjacent areas for a distance of not less than 20 feet.

(5) Before demolishing a floor arch, debris and other material shall be removed from the arch and other adjacent floor area. Planks that are not less than 2 inches by 10 inches in cross section, full size undressed, shall be provided for, and used by, an employee to stand on while breaking down a floor arch between beams. The planks shall be located so as to provide a safe support for the workmen if the arch between the beams collapses. The open space between planks shall not be more than 16 inches.

(6) A safe walkway, not less than 18 inches wide, formed of planks not less than 2 inches thick if wood, or of equivalent strength if metal, shall be provided for, and used by, employees when necessary to enable them to reach any point without walking upon exposed beams.

(7) Planks shall be laid together over solid bearings with the ends overlapping at least 1 foot.

(8) A floor arch to an elevation of not more than 25 feet above grade may be removed to provide storage area for debris, if the removal does not endanger the stability of the structure.

History

• History: 1981 AACS.

Mich. Admin. Code R 408.42045 Mechanical demolition {#sec-r-408.42045 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42045}

Rule 2045. (1) Mechanical equipment shall not be used on a floor or other working surface unless the floor or surface is capable of supporting the imposed load of the equipment and the anticipated material loads.

(2) Equipment used in mechanical demolition shall comply with both of the following:

(a) Only be operated by a qualified and authorized employee.

(b) Meets the requirements prescribed in the applicable rules of Part 10. Lifting and Digging Equipment, and Part 13. Mobile Equipment, R 408.41001 et seq. and R 408.41301 et seq. of the Michigan Administrative Code.

(3) A floor or wall opening shall have curbs or stop logs, as prescribed in R 408.42034 to prevent mechanical equipment from running over the edge.

(4) Only those employees necessary to the operation of mechanical demolition equipment shall be permitted in the demolition area at any time.

(5) The weight of a demolition ball shall not be more than 50% of the crane’s rated load based on the boom length and the maximum angle of operation that the ball will be used, or the weight shall not be more than 25% of the nominal breaking strength of the line and connection by which it is suspended, whichever is the lesser.

(6) The crane boom and load line shall be as short as possible to accomplish the job.

(7) The ball shall be positively connected to the load line with a swivel connector to prevent accidental disconnection and to prevent twisting of the line.

(8) Roof cornices and other ornamental stonework shall be removed before pulling a wall over, except when balling or clamming.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42046 Demolition by use of explosives {#sec-r-408.42046 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42046}

Rule 2046. Explosives handled, transported, stored, and used in demolition shall be as prescribed in General Industry Safety Standard Part 27. ‘Blasting and Use of Explosives,’ R 408.42701 et seq. of the Michigan Administrative Code.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42047 Storage of debris {#sec-r-408.42047 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42047}

Rule 2047. (1) Storage of debris or salvaged material on a floor shall not exceed the allowable floor load.

(2) Storage space into which material is placed shall be blocked off by a barricade or wall when hazardous to an employee, except for an opening used to place or remove the material. The opening to the storage space shall be kept closed at all times when not in use.

(3) In a building having wooden floor construction, the flooring boards may be removed from not more than 1 floor above grade to provide storage space for debris, if falling material is not permitted to endanger the stability of the structure.

History

• History: 1981 AACS; 2013 AACS.

R 408.42101 to R 408.42160 Part 21. Guarding of Walking and Working Areas

Mich. Admin. Code R 408.42101 Scope {#sec-r-408.42101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42101}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 21. GUARDING OF WALKING AND WORKING AREAS

Rule 2101. This standard pertains to the construction and use of guardrails, stairways, ramps, and runways for the protection of employees during construction operations. It also applies to all stairways that are used in the construction, alteration, repair, including painting and decorating, and demolition of workplaces and when stairways are required to be provided.

History

• History: 1982 AACS; 1993 AACS; 1996 AACS; 2016 AACS.

Mich. Admin. Code R 408.42110 MIOSHA referenced standard {#sec-r-408.42110 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42110}

Rule 2110. Michigan Occupational Safety and Health Administration (MIOSHA)

Construction Safety Standard Part 22. “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243, is referenced in these rules. Up to 5 copies of this standard may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

History

• History: 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42121 Definitions; H to N {#sec-r-408.42121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42121}

Rule 2121. (1) "Handrail" means a lengthwise member which is supported by brackets and which is suspended from a wall or partition on a stairway or ramp to furnish a handhold.

(2) "Lower levels" means those areas to which an employee can fall from a stairway, including any of the following:

(a) Ground levels.

(b) Floors.

(c) Roofs.

(d) Ramps.

(e) Runways.

(f) Excavations.

(g) Pits.

(h) Tanks.

(i) Material.

(j) Water.

(k) Equipment.

(l) Similar surfaces.

It does not include the surface from which the employee falls.

(3) "Nosing" means that portion of a tread projecting beyond the face of the riser immediately below it.

History

• History: 1982 AACS; 1993 AACS; 1996 AACS.

Mich. Admin. Code R 408.42122 Definitions; P, R {#sec-r-408.42122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42122}

Rule 2122. (1) "Point of access" means all areas used by employees for workrelated passage from one area or level to another, including all of the following:

(a) Doorways.

(b) Passageways.

(c) Stairway openings.

(d) Studded walls.

(e) Other permanent or temporary openings used for work related passage from one area or level to another.

(2) "Ramp" means an inclined runway used to allow employees to move, or allow equipment to be moved, from one level to another.

(3) "Rise" means the vertical distance from the top of a tread to the top of the next higher tread.

(4) "Runway," sometimes called a walkway, means a passageway that is above floor or ground level, such as a footwalk between 2 structures.

History

• History: 1982 AACS; 1983 AACS; 1989 AACS; 1993 AACS; 1996 AACS.

Mich. Admin. Code R 408.42123 Definitions; S, T {#sec-r-408.42123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42123}

Rule 2123. (1) "Spiral stairway" means a series of steps attached to a vertical pole and progressing upward in a winding fashion within a cylindrical space.

(2) "Stair platform" means a landing that breaks a continuous run of stairs.

(3) "Stair railing" means a vertical barrier that is erected on an exposed side of a stairway to prevent employees from falling to lower levels. The top surface of a stair rail system may also be a handrail.

(4) "Tread depth" means the horizontal distance from the front to the back of a tread, excluding nosing, if any.

History

• History: 1982 AACS; 1983 AACS; 1993 AACS; 1996 AACS.

Mich. Admin. Code R 408.42127 Access to other elevations {#sec-r-408.42127 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42127}

Rule 2127. (1) A means of access, such as a stairway, ladder, or ramp, shall be provided at all personnel points of access where there is a break in elevation of 19 inches (48 cm) or more and a runway, sloped embankment, or personnel hoist is not provided.

(2) When a building or structure has only 1 point of access between levels, that point of access shall be kept clear to permit the free passage of employees. When work must be performed or equipment must be used such that the free passage of employees at that point of access is restricted, a second point of access shall be provided and used.

(3) When a building or structure has 2 or more points of access between levels, at least 1 point of access shall be kept clear to permit the free passage of employees.

(4) Employees shall not use any spiral stairways that will not be a permanent part of the structure on which construction work is being performed.

History

• History: 1982 AACS; 1993 AACS.

Mich. Admin. Code R 408.42128 Stairway protection systems {#sec-r-408.42128 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42128}

Rule 2128. Employers shall provide and install all stairway fall protection systems required by this standard and shall comply with all other pertinent requirements of this standard before employees begin the work that necessitates the installation and use of stairways and their fall protection systems.

History

• History: 1993 AACS; 2016 AACS.

Mich. Admin. Code R 408.42129 Stairways; landings; installation; rise height and tread depth; metal pan landings and metal pan treads; guardrail systems required {#sec-r-408.42129 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42129}

Rule 2129. (1) Stairways that will not be a permanent part of the structure on which construction work is being performed shall have landings that are not less than 30 inches (76 cm) in the direction of travel and extend not less than 22 inches (56 cm) in width at every 12 feet (3.7 m) or less of vertical rise.

(2) Stairs shall be installed between 30 degrees and 50 degrees from horizontal.

(3) Riser height and tread depth shall be uniform within each flight of stairs, including any foundation structure used as 1 or more treads of the stairs. Variations in riser height or tread depth shall not be more than 1/4 of an inch (0.6 cm) in any stairway system.

(4) Metal pan landings and metal pan treads, when used, shall be secured in place before filling with concrete or other material.

(5) Unprotected sides and edges of stairway landings shall be provided with guardrail systems.

History

• History: 1993 AACS.

Mich. Admin. Code R 408.42130 Training requirements {#sec-r-408.42130 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42130}

Rule 2130. (1) An employer shall provide a training program for each employee who uses stairways, as necessary. The program shall enable each employee to recognize hazards related to stairways and shall train each employee in the procedures to be followed to minimize these hazards.

(2) An employer shall ensure that each employee has been trained by a competent person in the following areas, as applicable:

(a) The nature of fall hazards in the work area.

(b) The rules contained in this part.

(3) Retraining shall be provided for each employee as necessary so that the employee maintains the understanding and knowledge acquired through compliance with the provisions of this rule.

History

• History: 1993 AACS.

Mich. Admin. Code R 408.42131 Rescinded {#sec-r-408.42131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42131}

History

• History: 1996 AACS; 2013 AACS.

Mich. Admin. Code R 408.42145 Rescinded {#sec-r-408.42145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42145}

History

• History: 1982 AACS; 1996 AACS; 2013 AACS.

Mich. Admin. Code R 408.42149 Stairways {#sec-r-408.42149 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42149}

Rule 2149. (1) A stairway shall be equipped with a stair railing or handrail as follows:

(a) A stairway which is not more than 44 inches (112 cm) wide and which has enclosed sides shall have a handrail on the right descending side.

(b) A stairway which is not more than 44 inches (112 cm) wide and which has 1 open side shall have a stair railing on the open side.

(c) A stairway which is not more than 44 inches (112 cm) wide and which has 2 open sides shall have a stair railing on each side.

(d) A stairway that is more than 44 inches (112 cm) wide shall have 1 handrail on each enclosed side and 1 stair rail on each open side.

(e) A stairway that is 88 or more inches (224 cm) wide shall have 1 handrail on each enclosed side, 1 stair rail on each open side, and 1 intermediate stair rail located in the middle of the stairway.

(2) Where a door or gate opens directly on a stairway more than 6 feet (1.8 m) in height and is used as a required means of egress, a stair landing shall be provided. The swing of the door shall not reduce the landing which leads to the stairway to less than 20 inches (51 cm) unless specified in another code.

History

• History: 1982 AACS; 1989 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42150 Guardrail specifications for scaffolding and catch platforms {#sec-r-408.42150 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42150}

Rule 2150. (1) A guardrail for scaffolding and catch platforms shall consist of a top rail, intermediate rail, and supporting posts. The top rail shall have a smooth surface and shall be installed between 38 inches (97 cm) and 45 inches (114 cm) above the floor, ramp, platform, or runway. When conditions warrant, the height of the top edge may exceed the 45-inch (114 cm) height, provided the guardrail system meets all other criteria of this rule. The intermediate rail shall be located halfway between the top rail and the floor, ramp, platform, or runway. The top rail shall not overrun the terminal posts unless such a projection does not constitute a hazard.

(2) A top rail and its supporting posts shall be constructed of wood that is not less than 2- by 4-inch nominal size with a 1- by 6-inch or 2- by 4-inch nominal size intermediate rail. The construction and fastenings shall produce a guardrail capable of withstanding a 200-pound side thrust applied at the top rail. Other material may be used if the finished product has the 200-pound capability. A guardrail that is subject to additional loads shall be constructed of heavier stock and the supporting post shall be more closely spaced.

(3) Vertical supporting posts shall be placed not more than 8 feet (2.4 m) apart.

(4) Banding steel shall not be used for guardrail construction.

(5) Welded re-steel members shall not be used for guardrail construction.

History

• History: 1982 AACS; 1989 AACS; 1996 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42154 Runway and ramp specifications {#sec-r-408.42154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42154}

Rule 2154. (1) A ramp or runway that is used exclusively by employees as a means of access to or egress from a walking or working surface shall comply with all of the following provisions:

(a) Be capable of supporting not less than 2 times the maximum intended load.

(b) Consist of a minimum of two 2-inch by 10-inch nominal size planks placed side by side or other material of equal width that provides equivalent strength if guardrails are not required.

(c) Consist of a minimum of three 2-inch by 10-inch nominal size planks placed side by side or other material of equal width that provides equivalent strength if guardrails are required.

(d) Not be constructed steeper than the ratio of 1 foot of vertical rise to 2 feet (0.6 m) of horizontal run.

(e) Have a slip-resistant surface or have cleats that are not more than 2 inches by 4 inches nominal size and which are uniformly spaced not more than 24 inches (61 cm) apart.

(f) Be constructed to avoid excessive deflection and springing action.

(g) Be secured at each end to prevent displacement.

(h) Not be used for the storage of materials or equipment.

(i) Be maintained free of debris, other loose materials, and slip or trip hazards.

(2) A ramp or runway used by employees with wheelbarrows shall comply with both of the following provisions:

(a) Be constructed and used as prescribed in subrule (1)(a), (d), (e), (f), (g), (h), and (i) of this rule.

(b) Consist of three 2-inch by 10-inch nominal size planks placed side by side or other material of equal width that provides equivalent strength.

(3) A ramp or runway used by concrete buggies, forklift trucks, or other motorized material handling equipment shall comply with all of the following provisions:

(a) Be capable of supporting not less than 4 times the maximum intended load.

(b) Be not less than 5 feet (1.5 m) wide.

(c) Be constructed and used as prescribed in subrule (1)(a), (d), (f), (g), (h), and (i) of this rule.

(4) A ramp or runway constructed of 2 or more planks placed side by side shall have the planks securely fastened together.

History

• History: 1982 AACS; 1989 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42155 Specifications for stair rail {#sec-r-408.42155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42155}

Rule 2155. (1) A stair railing shall consist of a stair rail, a vertical support, and an intermediate rail or its equivalent to prevent an employee from falling through the opening between the stair rail and the stairs. The stair rail shall parallel the slope of the stairway.

(2) A stair rail shall be smooth, made of 2- by 4-inch nominal-sized lumber, and constructed in a manner to withstand a side thrust of not less than 200 pounds. The height of a stair rail shall be as follows:

(a) A stair rail that is installed after March 15, 1991, shall be not less than 36 inches (91.5 cm) from the upper surface of the stair rail system to the surface of the tread and in line with the face of the riser at the forward edge of the tread.

(b) A stair rail that is installed before March 15, 1991, shall be not less than 30 inches (76 cm) nor more than 34 inches (86 cm) from the upper surface of the stair rail system to the surface of the tread and in line with the face of the riser at the forward edge of the tread.

(3) The vertical post shall be constructed of not less than 2- by 4-inch nominal-sized lumber and shall be spaced not more than 6 feet (1.8 m) apart.

(4) An intermediate rail or midrail shall be constructed of not less than 1- by 6-inch or 2- by 4-inch nominal-sized lumber and shall be installed midway between the stair rail and the treads.

(5) Screens, mesh, intermediate vertical members, or equivalent intermediate structural members shall be provided between the top rail of the stair rail system and the stairway steps.

(6) Screens or mesh, when used, shall extend from the top rail to the stairway step and along the entire opening between the top rail supports.

(7) When intermediate vertical members, such as balusters, are used between posts, they shall be not more than 19 inches (48 cm) apart.

(8) Other structural members, when used, shall be installed such that there are no openings in the stair rail system that are more than 19 inches (48 cm) wide.

(9) A stair rail shall not have protruding nails or rough or sharp corners and shall not constitute a projection hazard.

(10) Other material may be used if the stair railing meets the 200-pound side thrust requirement.

(11) A stairway that has 4 or more risers or rises more than 30 inches (76 cm), whichever is less, shall be equipped with at least 1 handrail and at least 1 stair rail system along each unprotected side or edge. When the top edge of a stair rail system also serves as a handrail, R 408.42156(3) applies.

(12) Winding and spiral stairways shall be equipped with a handrail that is sufficiently offset to prevent walking on those portions of the stairways where the tread width is less than 6 inches (15 cm).

History

• History: 1982 AACS; 1993 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42156 Handrail specifications {#sec-r-408.42156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42156}

Rule 2156. (1) A handrail shall be of a configuration that provides a handhold when grasped to avoid a fall and shall follow the slope of the stairway.

(2) A handrail shall be vertically installed not more than 37 inches (94 cm), nor less than 30 inches (76 cm), above the front edge of the treads.

(3) When the top edge of a stair rail system also serves as a handrail, the height of the top edge shall be not more than 37 inches (94 cm) nor less than 36 inches (91.5 cm) from the upper surface of the stair rail system to the surface of the tread and in line with the face of the riser at the forward edge of the tread.

(4) A handrail shall have a smooth surface along the top and sides and the ends shall not present a projection hazard.

(5) Handrails that will not be a permanent part of the structure being built shall have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rail systems, and other objects.

(6) The ends of stair rail systems and handrails shall be constructed so as not to constitute a projection hazard.

History

• History: 1982 AACS; 1993 AACS; 2013 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42157 Temporary stairways {#sec-r-408.42157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42157}

Rule 2157. (1) All wooden components that are necessary to construct and guard a temporary stairway shall be of construction-grade lumber.

(2) The minimum width of a temporary stairway shall be 22 inches (56 cm).

(3) The total vertical rise of a temporary stairway shall not be more than 12 feet (3.7 m), unless stair platforms are provided.

(4) The rise shall be not less than 6 inches (15 cm) nor more than 8 inches (20 cm).

(5) The ratio of rise to tread width shall be uniform for all sets of stairs.

(6) The sides of a temporary stairway shall be guarded as required by R 408.42155 and R 408.42156, except that a stairway used as access to material storage trailers is required to be guarded on only 1 side.

(7) If used during construction, permanent steel or other metal stairways and landings with hollow pan-type treads that are to be filled with concrete or other materials shall be filled to the level of the nosing with solid material. This requirement shall not apply during the period of actual construction of the stairways. Metal landings shall be secured in place before filling. Such temporary treads and landings shall be replaced when worn below the level of the top edge of the pan.

(8) A stairway shall be free of hazardous projections, such as nails, sharp top rails, and handrail projections.

(9) A stairway shall have a minimum vertical clearance of 7 feet (2.1 m) from any overhead object, unless the overhead object is padded and caution signs or paint is used on the object, as prescribed in Construction Safety Standard Part 22. “Signals, Signs, Tags, and Barricades,” as referenced in R 408.42110.

(10) Except during stairway construction, foot traffic is prohibited on skeleton metal stairs where permanent treads or landings are to be installed at a later date, unless the stairs are fitted with secured temporary treads and landings long enough to cover the entire tread or landing area.

(11) Treads for temporary service shall be made of wood or other solid material and shall be installed the full width and depth of the stair.

History

• History: 1982 AACS; 1989 AACS; 1993 AACS; 2013 AACS; 2016 AACS; 2021 MR 6, Eff. Mar 29, 2021.

Mich. Admin. Code R 408.42159 Maintenance {#sec-r-408.42159 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42159}

Rule 2159. (1) A floor, platform, stair tread, or landing shall be maintained free of tripping or slipping hazards.

(2) A floor, platform, stair, runway, or ramp shall be free of hazardous projections.

History

• History: 1982 AACS; 1989 AACS; 2013 AACS.

Mich. Admin. Code R 408.42160 Rescinded {#sec-r-408.42160 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42160}

History

• History: 1989 AACS; 1996 AACS; 2013 AACS.

R 408.42201 to R 408.42243 Part 22. Signals, Signs, Tags, and Barricades

Mich. Admin. Code R 408.42201 Scope and adopted and referenced standards {#sec-r-408.42201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 22. SIGNALS, SIGNS, TAGS, AND BARRICADES

Rule 2201. (1) This part pertains to the design, placement, relocation, covering, removal, use, and maintenance of signals, traffic control devices, accident prevention signs, tags, and barricades for construction operations.

(2) American National Standards Institute (ANSI) International Safety Equipment Association (ISEA) standard 107 “High-Visibility Safety Apparel and Headwear,” 2004 edition, is adopted by reference in these rules. This standard is available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules of $64.00.

(3) The “Manual on Uniform Traffic Control Devices, Part 6: Temporary Traffic Control,” 2011 Michigan/2009 Federal Edition is adopted by reference in these rules and is available at no cost from the Michigan Department of Transportation via the Internet at website: www.michigan.gov/mdot. The entire 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD) may be purchased from the Michigan Department of Transportation, Cashiers Office, P.O. Box 30648, Lansing, Michigan 48909-8148;

(517) 636-0650; at a cost of $143.99 as of the time of adoption of these rules.

(4) The standards adopted in subrules (1) and (2) of this rule are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909- 8143.

(5) Copies of the standards adopted in subrules (1) and (2) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost stated in subrules (1) and (2) of this rule, plus $20 for shipping and handling.

(6) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R 408.40134.

(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(c) Construction Safety and Health Standard Part 10. “Cranes and Derricks,” R 408.41001 to R 408.41099a.

(d) Construction Safety and Health Standard Part 13. “Mobile Equipment,” R 408.41301.

(e) Construction Safety Standards Part 27. “Blasting and Use of Explosives,” R 408.42701 to R 408.42799.

(f) Construction Safety and Health Standard Part 30. “Telecommunications for Construction,” R 408.43001 to R 408.43006.

(g) Construction Safety Standards Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

History

• History: 1979 AC; 2001 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 408.42209 Rescinded {#sec-r-408.42209 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42209}

History

• History: 2006 AACS; 2013 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 408.42211 Definitions; A to C {#sec-r-408.42211 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42211}

Rule 2211. (1) "Accident prevention sign" means a sign used to warn of a hazard or to provide safety instructions or directions.

(2) "Accident prevention tag" means a tag which is used to warn of an existing or immediate hazard and which is temporarily attached to a part of equipment or a structure.

(3) "Barricade" means a readily visible obstruction used to direct the passage of employees or vehicles.

(4) "Barrier" means a device that is designed to prevent penetration from a way of travel to areas behind the barrier to minimize injury to employees who perform construction operations.

(5) "Caution sign or tag" means a sign or tag used to warn of a potential hazard or to warn against an unsafe practice.

History

• History: 1979 AC; 1995 AACS; 2001 AACS.

Mich. Admin. Code R 408.42212 Definitions; D {#sec-r-408.42212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42212}

Rule 2212. (1) "Danger sign or tag" means a sign or tag used to signal an immediate hazard.

(2) "Directional sign" means a sign having an arrow to point out a direction.

(3) "Do not operate tag" means a tag to warn of a potential hazard if the equipment is operated.

(4) "Do not start tag" means a tag used to tag out a starting mechanism which would cause a hazard if started.

History

• History: 1979 AC.

Mich. Admin. Code R 408.42213 Definitions; E to T {#sec-r-408.42213 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42213}

Rule 2213. (1) “Exit sign” means a sign used to designate a point of discharge from a room or building.

(2) “Handhold” means an affixed device or designated place where a person riding on a moving vehicle or on equipment to perform work can stabilize his or her position by gripping with his or her free hand or hands.

(3 )“Out of order tag” means a tag used to indicate a machine is malfunctioning.

(4) “Safety instruction sign” means a sign used for general instruction or suggestion relative to safety.

(5) “Sign” means a board, sheet, poster, or placard displayed to convey information or direction either temporarily or permanently.

(6) “Signal” means a specific use of hands or a visual or audible device, such as a flashing light or horn, to warn of a possible or existing hazard.

(7) “Tag” means a piece of material, usually paper, metal, or plastic, attached to a piece of equipment or structure for the purpose of identification, instruction, or classification.

(8) “Traffic control devices” means all signs, signals, markings, and devices placed or erected for the purpose of regulating, warning, and guiding vehicular traffic and for providing employee protection in a work zone.

(9) “Traffic regulator” means a person who has been trained, properly attired, and equipped to regulate traffic flow to provide employee protection in a work zone.

(10) “Work zone” means a portion of a street or highway that meets any of the following:

(a) Is between a “work zone begins” sign and an “end road work” sign.

(b) For construction, maintenance, or utility work activities conducted by a work crew and more than 1 moving vehicle, is between a “begin work convoy” sign and an “end work convoy” sign.

(c) For construction, maintenance, surveying, or utility work activities conducted by a work crew and 1 moving or stationary vehicle exhibiting a rotating beacon or strobe light, is between either of the following points:

(i) A point that is 150 feet behind the rear of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway behind the vehicle, whichever is closer to the vehicle.

(ii) A point that is 150 feet in front of the front of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway in front of the vehicle, whichever is closer to the vehicle.

History

• History: 1979 AC; 1995 AACS; 2001 AACS; 2013 AACS.

Mich. Admin. Code R 408.42221 Duties of employer {#sec-r-408.42221 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42221}

Rule 2221. An employer shall provide, install, and maintain signals, signs, barricades, and tags, as prescribed by this part, where an employee might be, or would likely be, injured if not alerted to the hazard.

History

• History: 1979 AC; 1995 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 408.42222 Rescinded {#sec-r-408.42222 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42222}

History

• History: 1979 AC; 1995 AACS; 2001 AACS.

Mich. Admin. Code R 408.42223 Traffic control {#sec-r-408.42223 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42223}

Rule 2223. (1) Traffic control devices shall be installed and maintained as prescribed in Part 6 of the 2011 MMUTCD, which is adopted by reference in R 408.42201.

(a) At points of hazard, construction areas shall be posted with legible traffic control signs and protected by traffic control devices.

(b) The design and use of all traffic control devices, including signs, signals, markings, barricades, and other devices for protection of construction workers shall conform to the provisions of Part 6 of the 2011 MMUTCD, which is adopted by reference in R 408.42201.

(2) A hand-held paddle sign shall have 2 faces and it shall be attached to a staff of suitable design that will allow the entire unit to be held and controlled by 1 traffic regulator. The bottom of the sign shall be a minimum of 6 feet above the roadway surface. The sign shall be fastened to the staff so that no part of the legend is obscured.

The portion of the staff within the sign face shall match the sign colors. The sign shall not be less than 18 by 18 inches and the letters shall have a minimum height of 6 inches (150 millimeters). All letters and spacing between letters shall be as prescribed in Part 6 of the 2011 MMUTCD, which is adopted by reference in R 408.42201. The legend shall be optically centered horizontally on the sign. One side of the sign shall display a "STOP" face and the other side shall display the message "SLOW," except that if it is necessary for 1 traffic regulator to stop 2 directions of traffic at the same time, then a "STOP" face shall be used on each side of the sign. The "STOP" face shall have a red background with white letters and border. The "SLOW" face shall have an orange background with black letters and border. The shape of the sign shall be octagonal and the portions of the sign other than the diamond-shaped "SLOW" face shall be black. When the sign paddle is used during hours of darkness, the red and white of the "STOP" face and the orange of the "SLOW" face shall be reflectorized. Sheet metal or other light semi-rigid material may be used for mounting the "STOP" and "SLOW" faces.

(3) The paddle sign shall be as follows:

Note: “Special” sign dimensions are recommended for single traffic regulator operations.

(4) An employer shall provide, and a traffic regulator shall wear, high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107, “High-Visibility Safety Apparel and Headwear,” 2004 edition, (see Section 1A.11), which is adopted by reference in R 408.42201, or equivalent revisions, and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure.

(5) A traffic regulator shall also wear head, eye, and foot protection as prescribed in Construction Safety and Health Standard Part 6. Personal Protective Equipment, as referenced in R 408.42201.

History

• History: 1979 AC; 1982 AACS; 1995 AACS; 2001 AACS; 2006 AACS; 2013 AACS; 2014 AACS; 2021 MR 6, Eff. Mar 30, 2021.

Mich. Admin. Code R 408.42224 Barricades for construction operations on other than public rightof-way {#sec-r-408.42224 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42224}

Rule 2224. A barricade shall be provided to obstruct or direct an employee from a hazardous area of a construction operation not otherwise affected by another standard.

History

• History: 1979 AC; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 408.42225 Placement, removal, relocation, and use of traffic control devices from a moving vehicle; handholds {#sec-r-408.42225 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42225}

Rule 2225. (1) Construction and maintenance operations that require placement, relocation, or removal of pavement markings, or traffic control devices such as drums, barricades, cones, or signs, shall provide protection to an employee by any of the following methods:

(a) Use of a seat and a seatbelt that shall be worn.

(b) A standard guardrail system as prescribed in Construction Safety Standard Part 45 Fall Protection, R 408.44501, as referenced in R 408.42209, which adopts C.F.R. §1926.502 et seq. by reference.

(c) A guardrail as described in subdivision (b) of this subrule may be modified by removing a section of the guardrail at the point of operation to facilitate the handling of traffic control devices, such as barrels, cones, or pavement markers. A hand hold shall be provided. This rule shall apply only to the placement, removal, relocation, and use of traffic control devices from a moving vehicle within the work zone.

(d) When placing or removing traffic control devices from a lower work platform, any combination of top rails, mid rails, side rails, seats, toe boards, or other combination of equivalent safeguards provided to the employee shall be used. A handhold shall be provided.

(e) Use of a positioning fall protection system that prevents the employee from falling from the vehicle. A handhold shall be provided.

(f) Use of other means that will provide equivalent fall protection for an employee may be used. Such a system shall be performance oriented and shall be designed so that it does not create a greater hazard to the employee.

(2) A handhold shall be oriented and a size to promote gripping by wrapping fingers around not less than 270 degrees (3 sides) of the device or place designated. The handhold shall be capable of withstanding not less than 200 pounds of force in any direction and be free from rough edges, slippery surfaces, or hazardous projections. The handhold shall be in place and identified as such before employees are permitted to perform their assigned tasks while riding on moving vehicles.

History

• History: 2001 AACS; 2006 AACS; 2013 AACS.

Mich. Admin. Code R 408.42229 Signs generally {#sec-r-408.42229 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42229}

Rule 2229. (1) If conditions warrant the use of a sign size that is not specified in Tables 2 to 5, then the ratio of the height of the identifying panel, such as "DANGER" or "CAUTION," to the width of the sign shall be maintained as prescribed in the tables.

(2) Signs shall be removed or covered when the hazard addressed by the sign no longer exists.

History

• History: 1995 AACS; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 408.42230 Letter style and size {#sec-r-408.42230 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42230}

Rule 2230. (1) A letter shall be block style and upper case for the top panel and upper or upper and lower case for the bottom panel. Letters and numbers shall be legible.

(2) Letter size shall be determined by the length of the message and the maximum visibility and readability. Table 2 shall be used as a guide for the minimum letter height at a safe viewing distance.

(a) The spacing of letters and words shall not reduce legibility.

(b) The height of a letter that is more than 5 inches (125 millimeters) high shall be increased by an additional 1 inch (25 millimeters) for each 35 feet (10.5 meters) of viewing distance.

(3) Table 2 reads as follows:

MINIMUM HEIGHT OF LETTERS

VIEWING DISTANCE

Inches Millimeters Feet Meters 201 - 250 60.3 - 75 4 1/2 151 - 200 45.3 - 60 121 - 150 36.3 - 45 3 1/2 106 - 120 31.8 - 36 91 - 105 27.3 - 31.5 2 1/2 76 - 90 22.8 - 27 61 - 75 18.3 - 22.5 1 1/2 41 - 60 12.3 - 18 31 - 40 9.3 - 12 3/4 21 - 30 6.3 - 9 1/2 10 - 20 3 - 6 1/4 Less than 10

History

• History: 1995 AACS; 2001 AACS.

Mich. Admin. Code R 408.42231 Accident prevention signs {#sec-r-408.42231 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42231}

Rule 2231. An accident prevention sign shall be in compliance with all of the following provisions:

(a) Be placed to alert and inform in time to avoid a hazard or to take appropriate action.

(b) Be placed and maintained so as to be legible, without distraction, and so that the sign does not create a hazard in itself.

(c) Be placed so that the sign will not be obscured.

(d) Be removed or covered when the hazard is removed.

History

• History: 1979 AC; 1995 AACS.

Mich. Admin. Code R 408.42233 Danger sign {#sec-r-408.42233 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42233}

Rule 2233. (1) A danger sign to alert employees shall be used where an immediate hazard exists. The sign shall be removed when the hazard no longer exists.

(2) The proportions for a danger sign shall be not less than those prescribed in table 3 and the format of figure 1 shall be followed.

(3) A danger sign shall have the signal word "danger" in white within a red oval outlined in white on a black rectangular background in the upper panel.

The lower panel where additional wording may be used shall be black or red letters on a white background as shown in figure 1.

(4) An employee shall be instructed that a danger sign indicates immediate danger and that special precautions are necessary.

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.42234 Caution sign {#sec-r-408.42234 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42234}

Rule 2234. (1) A caution sign shall be used to warn of a potential hazard or to caution against an unsafe practice.

(2) The proportions for a caution sign shall be not less than those prescribed in table 4 and the format of figure 2 shall be followed.

(3) A caution sign shall have the signal word "caution" in yellow on a black background in the upper panel. The lower panel where additional wording may be used shall be black letters on a yellow background.

(4) An employee shall be instructed that a caution sign indicates a possible hazard and that proper precautions shall be taken.

Mich. Admin. Code R 408.42235 Safety instruction sign {#sec-r-408.42235 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42235}

Rule 2235. (1) A safety instruction sign shall be used for a general instruction or suggestion relative to safety measures.

(2) The proportions for a safety instruction sign shall be not less than those prescribed in table 5 and the format of figure 3 shall be followed.

(3) A safety instruction sign shall have the signal word in white on a green background in the upper panel. The lower panel where additional wording may be used shall be black letters on a white background.

History

• History: 1979 AC; 2001 AACS; 2006 AACS.

Mich. Admin. Code R 408.42236 Exit sign {#sec-r-408.42236 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42236}

Rule 2236. An exit sign, when required, shall be lettered in legible red letters, not less than 6 inches (150 millimeters) high, on a white background, and the principal stroke of the letters shall not be less than 3/4 (19 millimeters) of an inch wide.

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.42237 Directional signs {#sec-r-408.42237 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42237}

Rule 2237. (1) A directional arrow, other than a traffic control sign, used on a danger, caution, or safety instructional sign shall be black.

(2) A safety related directional sign shall have a white arrow on a black upper panel with the lower panel white and any letters in black.

(3) A directional sign shall use proportions prescribed in table 6

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 408.42238 Signs for blasting and use of explosives {#sec-r-408.42238 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42238}

Rule 2238. Where blasting and the use of explosives takes place, signs shall be as prescribed in Construction Safety Standard Part 27 Blasting and Use of Explosives, as referenced in R 408.42209.

History

• History: 1995 AACS; 2001 AACS; 2006 AACS; 2013 AACS.

Mich. Admin. Code R 408.42241 Accident prevention tags generally {#sec-r-408.42241 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42241}

Rule 2241. (1) An appropriate accident prevention tag shall be used as a temporary means of warning an employee of an existing hazard, such as defective tools or equipment. A tag shall not be used in place of an accident prevention sign or considered a complete warning method.

(2) A tag shall be large enough to attract attention to the hazard but not less than 2 3/8 inches (59 millimeters) by 4 3/4 inches (119 millimeters).

(3) The signal word shall be in bold type.

History

• History: 1979 AC; 2001 AACS; 2014 AACS.

Mich. Admin. Code R 408.42242 Accident prevention tags; types; use and specifications {#sec-r-408.42242 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42242}

Rule 2242. (1) A "Do Not Start" tag shall be attached to the starting mechanism of equipment that would cause a hazardous condition if activated. The background color shall be white with black lettering on a red square. (See figure 5.)

(2) A "Danger" tag shall be used where an immediate hazard or probability of injury exists. The background color shall be white with white letters on a red oval within a black square. (See figure 6.)

(3) A "Caution" tag shall be used to warn of a potential hazard or to caution against an unsafe practice. The background color shall be yellow with yellow letters on a black rectangle. (See figure 7.)

(4) An "Out of Order" tag shall be used only for the specific purpose of indicating equipment or machinery is out of order and its use might create a hazard. The background shall be white with white letters on a black square. (See figure 8.)

(5) A "Do Not Operate" tag shall be used to warn of potential hazard if use of the equipment would create a hazard. The background color shall be white with black lettering on a red square. (See figure 9.)

(6) An accident prevention tag shall be removed when the reason for use has been eliminated.

**** INSERT MISSING TABLE OR CHART - SEE ORIGINAL

MANUSCRIPT ****

Danger Signs-- Danger--Keep Off, Electric Current.

Danger--No Smoking, Matches, or Open Lights.

Danger--Men Working Above.

Danger--Not Room Enough Here to Clear Men on Cars.

Danger--Keep Away.

Danger--Men in Boiler.

Danger--Insufficient Clearance.

Danger--2,300 Volts.

Danger--Keep Out.

Danger--Crane Overhead.

Danger--Keep Off.

Caution Signs-- Caution--Do Not Operate, Men Working on Repairs.

Caution--Hands Off Switch, Men Working on Line.

Caution--Working on Machines, Do Not Start.

Caution--Goggles Must Be Worn When Operating This Machine.

Caution--This Door Must Be Kept Closed.

Caution--Electric Trucks, Go Slow.

Caution--This Space Must Be Kept Clear at All Times.

Caution--Stop Machinery to Clean, Oil, or Repair.

Caution--Keep Aisles Clear.

Caution--Operators of This Machine Shall Wear Snug Fitting Clothing--No Gloves.

Caution--Close Clearance.

Caution--Watch Your Step.

Caution--Electric Fence.

Safety Instruction Signs-- Report All Injuries to the First-Aid Room at Once.

Walk--Don't Run.

Report All Injuries No Matter How Slight.

Think, If Safe Go Ahead.

Make Your Work Place Safe Before Starting the Job.

Report All Unsafe Conditions to Your Foreman.

Help Keep This Plant Safe and Clean.

Directional Signs-- This Way Out (below arrow panel).

This Way (inside arrow) Out (below arrow panel).

Fire Exit (below arrow panel).

Fire (inside arrow) Extinguisher (below arrow panel).

To the (inside arrow) Fire Escape (below arrow panel).

To the (inside arrow) First Aid (below arrow panel).

Manway (below arrow panel).

This Way to (inside arrow) First Aid Room (below arrow panel).

Informational Signs-- No Trespassing Under Penalty of the Law.

This Elevator is for Freight Only, Not for Passengers.

No Admittance Except to Employees on Duty.

No Admittance.

No Admittance, Apply at Office.

No Trespassing.

Men.

Women.

For Employees Only.

Office.

History

• History: 1979 AC.

Mich. Admin. Code R 408.42243 Signs for slow-moving vehicles {#sec-r-408.42243 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42243}

Rule 2243. A sign as prescribed in this rule shall be attached to the rear of any vehicle that, by design, moves at 25 miles per hour or less on any public, private, or temporary road.

History

• History: 1995 AACS; 2001 AACS; 2014 AACS.

R 408.42401 to R 408.42407 Part 24. Tar Kettles

Mich. Admin. Code R 408.42401 Applicability {#sec-r-408.42401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 24. TAR KETTLES

Rule 2401. (1) This part applies to all of the following:

(a) Portable tar kettles.

(b) Tankers and yard storage units.

(c) Material handling.

(2) This part does not apply to a unit that is used for paving operations if the unit has a vessel which has a capacity of less than 15 gallons or a burner that has a firing rate of less than 5000 Btu's.

History

• History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 408.42402 Tar kettle construction {#sec-r-408.42402 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42402}

Rule 2402. (1) A tar kettle vat for molten material shall be of welded construction and all other materials of the tar kettle, except tires, used in its construction shall be noncombustible. A tanker for molten material shall be braced and baffled to contain the load.

(2) A cover for a tar kettle vessel shall be hinged, close fitting, and capable of smothering a fire inside the vessel, when in a closed position.

(3) A discharge valve from a tar kettle vessel shall be a quick closing type with standard pipe thread.

(4) Pipe, tubing, hose, and conductors used for hot material from a tar kettle or tanker shall be supported when above ground or floor level. Hose, tubing, pipe, and conductors running horizontally shall be supported at intervals that will prevent sagging.

Connections shall be made with unions or couplings and shall be maintained free of leaks.

(5) Where a pump unit is mounted on a tar kettle and the fuel container is an integral part of the pump, the pump unit shall be shielded from the tar kettle by a barrier of rigid noncombustible material.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.42403 Loading and operating {#sec-r-408.42403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42403}

Rule 2403. A tar kettle or tanker shall have a qualified experienced operator in attendance at all times that the kettle or tanker is being fired. The operator shall not leave the ground area or be at a distance from the kettle or tanker that would prevent the operator’s immediate attention.

History

• History: 1979 AC; 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42404 Controls {#sec-r-408.42404 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42404}

Rule 2404. (1) A tar kettle and tanker shall be equipped with a working temperature gauge.

(2) A yard storage unit or tanker purchased or constructed after August 9, 1974, shall have a level indicator to show the amount of the contents within the vessel.

History

• History: 1979 AC; 1981 AACS; 2013 AACS.

Mich. Admin. Code R 408.42405 Fuel {#sec-r-408.42405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42405}

Rule 2405. If a fuel tank is located less than 10 feet from a tar kettle or tanker, the fuel tank shall be shielded from the tar kettle or tanker by a barrier of rigid noncombustible material.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.42406 Fire precautions {#sec-r-408.42406 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42406}

Rule 2406. (1) One or more portable fire extinguishers of the dry powder type having a total capacity of not less than 40 pounds shall be located not less than 10 feet nor more than 25 feet from a tar kettle being fired. An extinguisher less than 10 pounds shall not be provided.

(2) A tar kettle shall not be placed less than 20 feet from combustible materials unless separated by a fire-resistant blanket.

(3) A tar kettle shall not be placed less than 10 feet from a structure that extends above the highest part of a kettle, piping excluded.

(4) A tar kettle shall not be placed in or upon a building except by permission of an authorized representative of the department.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 408.42407 Material handling {#sec-r-408.42407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42407}

Rule 2407. (1) The rope pulley shall be secured to the thrustout or hoisting jack in a manner to support not less than 3 times the weight to be lifted. The pulley groove shall be the same size as the rope.

(2) Where a structural steel or wood beam thrustout is used, it shall be designed and installed in a manner to support not less than 3 times the weight being lifted and prevent tipping and twisting. A wood thrustout shall be set on edge.

(3) Where a counterweight is used, it shall be contained or secured in place to prevent slippage.

(4) Where a manual or powered hoisting jack is used, it shall be designed and installed in such a manner as to support not less than 3 times the load to be lifted.

(5) An employee shall not stand or walk under material being hoisted.

History

• History: 1979 AC; 1982 AACS; 1996 AACS; 2013 AACS.

R 408.42501 to R 408.42535 Part 25. Concrete Construction

Mich. Admin. Code R 408.42501 Scope {#sec-r-408.42501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42501}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 25. CONCRETE CONSTRUCTION

Rule 2501. This standard pertains to all the following:

(a) The reinforcing, pouring, stressing, lifting, and floating of concrete.

(b) The construction of forms and shoring used in connection with concrete construction.

(c) Tendon tensioning operations.

(d) Precast, tilt-up, and lift-slab operations.

(e) An employee working in the vicinity of the hazard or hazards during any phase of the work operations listed in subdivisions (a) to (d) of this rule.

History

• History: 1979 AC; 1980 AACS; 1989 AACS; 1993 AACS; 2003 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42502 Adoption of standards {#sec-r-408.42502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42502}

Rule 2502. (1) The following standards are adopted by reference in these rules and are available from Accuris, 7979 East Tufts Avenue, Suite 300, Denver, Colorado 80237, telephone number 1-800-332-6077 at: www.accuristech.com, at a cost as of the time of adoption of these rules, as stated in this rule:

(a) American National Standard Institute standard ANSI A10.9, “Concrete Construction and Masonry Work,” 1983 edition. Cost: $20.00.

(b) American Welding Society standard AWS D1.1/D1.1M, “Structural Welding Code Steel,” 2002 edition. Cost: $388.00.

(2) The following standard is adopted by reference in these rules, American Welding Society standard AWS B1.10, “Guide for the Nondestructive Examination of Welds,” 1999 edition. This standard is available from The AWS Store Customer Service, 13301 NW 47 Avenue, Opa-Locka, Florida 33054; telephone number: 305-826-6192; or: www.aws.org; at a cost as of the time of adoption of these rules of $104.00.

(3) The standards adopted in these rules are available for inspection at the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143.

(4) Copies of these standards may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143, at the cost charged, plus $20.00 for shipping and handling.

Editor's Note: An obvious error in R 408.42502 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2026 MR 12. The memorandum requesting the correction was published in Michigan Register, 2026 MR 12.

History

• History: 2003 AACS; 2013 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42503 Reference of standards {#sec-r-408.42503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42503}

Rule 2503. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143, or at: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page. The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules:

(a) Construction Safety and Health Standard Part 12. “Scaffolds and Scaffold Platforms,”

R 408.41201 to R 408.41264.

(b) Construction Safety and Health Standard Part 21. “Guarding of Walking and Working Areas,” R 408.42101 to R 408.42160.

(c) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to R 408.44502.

History

• History: 2003 AACS; 2013 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42516 Definitions {#sec-r-408.42516 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42516}

Rule 2516. (1) “Barricade” means a readily visible obstruction used to direct the passage of employees or vehicles.

(2) "Bull float" means a tool used to spread out and smooth concrete.

(3) “Competent person” means an individual who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

(4) “Dead load” means a constant load, without load factors, due to mass of the members, the supported structure, and permanent attachments or accessories.

(5) “Flying form” means a prefabricated formwork system for floor slabs incorporating support that is moved in large sections by mechanical equipment including, but not limited to a crane or forklift.

(6) “Footings" means a natural or built-up solid ground or base on which shoring or reshoring is supported, including all underlying ground strata.

(7) "Formwork" or "falsework" means the total system of support for freshly placed or partially cured concrete, including the mold or sheeting that contacts the concrete and all supporting members, hardware, and necessary bracing.

(8) "Guy" means a line that steadies a high object or structure by pulling against an offcenter load.

(9) "Jacking operation" means the task of vertically lifting a slab or group of slabs from 1 location to another, such as from the casting location to a temporary, location, from a temporary location to another temporary location, or to its final location in the structure during the construction of a structure where the lift-slab process is being used.

(10) "Lift-slab" means a method of concrete construction in which floor and roof slabs are cast on or at ground level and, using jacks, lifted into position.

(11) "Posttensioned concrete" means a concrete member in which internal stresses have been introduced by the stressing of tendons after the placement of concrete.

(12) “Post-tensioning operations” means a method of stressing reinforced concrete in which tendons running through the concrete are tensioned after the concrete has hardened resulting in posttensioned concrete.

(13) "Precast concrete" means a concrete member that is cast and cured at a location other than its final designated location.

(14) “Pretensioned concrete" means a concrete member in which internal stresses have been introduced by the stressing of tendons before the placement of the concrete.

(15) “Pre-tensioning operations” means a method of stressing tendons before concrete is placed and hardened resulting in pretensioned concrete.

(16) "Qualified person" means an individual who, because of education or training, is knowledgeable about the erection methods, materials, and hazards of the work to be performed.

(17) "Reshore" means the temporary vertical or inclined supporting members that are placed or left in place when the original supporting shores or posts for the formwork are removed. The reshores are used to support partially cured concrete and other construction loads.

(18) "Shore" means a vertical or inclined support member that is designed to carry the weight of formwork, concrete, and construction live loads above.

(19) “Sign” means a board, sheet, poster, or placard displayed to convey information or direction either temporarily or permanently.

(20) "Slip form" means a form that moves, usually continuously, during the placement of concrete. Movement may be either horizontal or vertical.

(21) “Tendon” means an element, usually steel such as wire, stranded components such as wires, bars or rods used in pretensioning or posttensioning concrete.

(22) "Vertical slip form" means a form that is jacked vertically and continuously during the placing of concrete.

History

• History: 1980 AACS; 1989 AACS; 1993 AACS; 2003 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42517 Construction equipment and material requirements; adoption by reference {#sec-r-408.42517 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42517}

Rule 2517. (1) Equipment and material used in concrete construction and masonry work shall meet the applicable requirements prescribed in American national standard institute standard ANSI A10.9, “Concrete Construction and Masonry Work,” 1983 edition, as adopted in R 408.42502.

(2) The minimum safety factors of formwork accessories shall be as prescribed in table 1, as follows:

TABLE 1

MINIMUM SAFETY FACTORS OF FORMWORK ACCESSORIES*

Accessory Safety Factor Type of Construction Form Tie 1.5 Light formwork, 8 feet or less in height with no hazard to life. 2.0 All formwork over 8 feet in height or hazardous to life. Formwork for architectural concrete.

Form Anchor 2.0 Formwork supporting form weight and concrete pressures only. 3.0 Formwork supporting weight of forms, concrete, construction live loads, and impact.

Form Hangers 2.0 All applications.

Anchoring inserts used as form ties. 2.0 Precast concrete panels when used as formwork. *Safety factors are based on ultimate strength of accessory.

History

• History: 1980 AACS; 1989 AACS; 2003 AACS; 2016 AACS.

Mich. Admin. Code R 408.42518 Reinforcing steel {#sec-r-408.42518 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42518}

Rule 2518. (1) All protruding reinforcing steel, onto and into which employees could fall, must be guarded to eliminate the hazard of impalement.

(2) Reinforcing steel or walls, piers, columns, and other similar vertical structures must be guyed, braced, or otherwise supported to prevent collapse under the direction of a qualified person.

(3) Reinforcing steel must not be used as a scaffolding hook or stirrup or as a loadbearing member in a lifting device.

(4) Reinforcing steel must not be welded and used as a load-bearing member.

(5) Roll wire mesh must be secured at each end to prevent dangerous recoiling action.

History

• History: 1980 AACS; 1989 AACS; 1996 AACS; 2003 AACS; 2013 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42519 Bulk concrete handling {#sec-r-408.42519 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42519}

Rule 2519. A bulk storage bin, container, or silo shall have a conical or tapered bottom with a mechanical or pneumatic means of starting the flow of the material. An employee shall not be permitted to enter storage facilities unless the ejection system has been shut down, locked out, and tagged to indicate that the ejection system is not operable.

History

• History: 1980 AACS; 2003 AACS.

Mich. Admin. Code R 408.42520 Concrete mixing, pouring, and floating {#sec-r-408.42520 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42520}

Rule 2520. (1) A concrete mixer that is equipped with a 1-yard or larger loading skip must be equipped with a mechanical device to clear the skip of material.

(2) A guardrail that is capable of withstanding a 200-pound side thrust must be provided on each side of a skip on a mixer that has a capacity of 1 or more yards.

(3) The handle on a bull float that is used where it may contact an energized electrical conductor must be constructed of nonconductive material or must be insulated with a nonconductive sheath that has electrical and mechanical characteristics that provide the equivalent protection of a handle constructed of nonconductive material.

(4) A powered and rotating-type concrete troweling machine that is manually guided must be equipped with a control switch that automatically shuts off the power when the operator removes the operator’s hands from the equipment handles or switch.

(5) The handles of a concrete buggy must not extend horizontally beyond the wheels on either side of the buggy.

(6) A concrete bucket that is equipped with a hydraulically or pneumatically operated gate must have a positive safety latch or a similar safety device installed to prevent premature or accidental dumping. The bucket must be designed to prevent aggregate and loose material from accumulating on the top and sides of the bucket.

(7) An employee shall not be allowed to ride a concrete bucket.

(8) Routes for suspended loads must be preplanned to ensure that no employee is required to work directly below a suspended load, except for employees engaged in emptying the concrete bucket.

(9) A concrete bucket that is positioned by a crane or cableway must be suspended from an approved swivel safety-type hook.

(10) A pumpcrete or similar system using discharge pipe must have pipe supports that are designed for a 100% overload. Compression air hoses in the system shall be provided with positive fail-safe joint connectors to prevent the separation of sections when pressurized.

(11) A runway, ramp, or scaffold must be provided for placement of concrete in areas such as walls, piers, columns, and beams, as prescribed in Construction Safety and Health Standards Part 12. “Scaffolds and Scaffold Platforms,” Part 21. “Guarding of Walking and Working Areas,” and Part 45. “Fall Protection,” as referenced in R 408.42503.

(12) A concrete mixer, or other equipment, such as a compressor, screen, or pumps used for concrete construction activities, where inadvertent operation of the equipment may occur and cause injury, must be locked out when an employee is performing maintenance or repair. An employee who is inside a concrete mixer performing maintenance or repair shall have the only key to the lock.

(13) Sections of tremies and similar concrete conveyances must be secured with wire rope, or equivalent materials, in addition to the regular couplings or connections.

History

• History: 1980 AACS; 1982 AACS; 1989 AACS; 1996 AACS; 2003 AACS; 2013 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42521 Forms and shoring generally {#sec-r-408.42521 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42521}

Rule 2521. (1) Formwork, shoring, and reshoring shall be designed, erected, supported, braced, and maintained so that they will support all vertical and lateral loads that may be imposed upon them during placement of concrete or until the loads can be supported by the concrete structure.

(2) Drawings or plans which are prepared by the qualified person, except as required in R 408.42527(5) and R 408.42533(1), and which show the jack layout, formwork, shoring, working decks, and scaffolding shall be available at the jobsite.

(3) No construction loads shall be placed on a concrete structure or portion of a concrete structure unless the employer determines, based on information received from a person who is qualified in structural design, that the structure or portion of the structure is capable of supporting the loads.

History

• History: 1980 AACS; 1982 AACS; 1989 AACS; 1996 AACS; 2003 AACS; 2013 AACS.

Mich. Admin. Code R 408.42522 Placing and removing forms {#sec-r-408.42522 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42522}

Rule 2522. (1) Forms must not be completely removed until a determination is made that the concrete can support its own weight and any currently superimposed load. The determination must be based on compliance with either of the following:

(a) The plans and specifications stipulate conditions for removal of forms and shores that have been followed.

(b) Written documentation has been provided to the company performing the stressing operation that the concrete has been properly tested with an appropriate ASTM standard test method designed to indicate the concrete compressive strength, and that the test results indicate that the concrete has gained sufficient strength to support its weight and superimposed loads.

(2) Vertical, horizontal, and overhead forms that are being raised or removed by lifting equipment must be braced or secured before being released from the load line.

History

• History: 1980 AACS; 1989 AACS; 2003 AACS; 2013 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42523 Vertical slip forms {#sec-r-408.42523 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42523}

Rule 2523. (1) Field operations for vertical slip forms must be under the supervision of a qualified person. The qualified person shall be present on the deck during slipping operations.

(2) A lift must proceed steadily and uniformly and must not exceed the predetermined rate of lift.

(3) The steel rods or pipe on which the jacks climb or by which the forms are lifted must be specifically designed for climbing or lifting. The rods must be adequately braced if they are not encased in concrete.

(4) Jacks and vertical supports must be positioned so that the vertical loads are distributed equally and do not exceed the capacity of the jacks.

(5) The jacks or other lifting devices must be provided with mechanical dogs or other automatic holding devices to prevent slippage due to the failure of the power supply of the lifting mechanism.

(6) Vertical slip forms must be provided with scaffolding or work platforms that completely encircle the area of placement. The scaffolds must be as prescribed in Construction Safety and Health Standard Part 12 “Scaffolds and Scaffold Platforms,” as referenced in R 408.42503.

(7) Lateral and diagonal bracing of vertical slip forms must be provided to prevent excessive distortion of the structure during the jacking operation.

(8) During a jacking operation, a qualified person shall maintain the form structure in line and plumb.

History

• History: 1980 AACS; 1989 AACS; 2003 AACS; 2016 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42524 Vertical shoring, guying, and bracing generally {#sec-r-408.42524 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42524}

Rule 2524. (1) When temporary storage of reinforcing rods, material, or equipment on top of formwork becomes necessary, these areas must be strengthened to support the intended loads.

(2) The sills for shoring must be sound, rigid, and capable of carrying the maximum intended load.

(3) When shoring from soil, the soil must be capable of supporting the load and the soil must be inspected after each occurrence that could affect its load-bearing capacity. Soil weakened from any occurrence that reduces its load-bearing capacity to less than that required to support a specific load must be strengthened by compacting or other equivalent means.

(4) Baseplates, shore heads, extension devices, and adjustment screws must be in firm contact with the footing sill and the form.

(5) Eccentric loads on shore heads and similar members or shoring are prohibited, unless the shore heads are designed for the loading.

(6) Shoring equipment must be inspected by a qualified person before erection to determine that it is as specified in the shoring drawings or plans. Any equipment found to be damaged must not be used for shoring.

(7) Before concrete is placed in the forms, all shoring equipment must be inspected, and documented, by a qualified person to determine whether it was erected as specified in the shoring drawings or plans.

(8) Erected shoring must be inspected by a qualified person during and immediately after pouring concrete. Shoring that is found to be damaged or weakened must be reinforced or reshored.

(9) Only designated employees shall be allowed on the first floor immediately under the forms during concrete placing work.

(10) Shoring equipment, guying, and bracing must not be released or removed without the approval and assurance of a qualified person that the remaining equipment will support the load.

(11) Construction or superimposed loads must not be placed on an uncured concrete pour unless either of the following provisions is complied with:

(a) The strength of the concrete in the previous pour has been determined by testing to be capable of withstanding the load.

(b) A qualified person indicates that the concrete has developed sufficient strength to support the load. This subdivision does not apply to slip form operations and slabs built at grade elevation.

(12) Reshoring must be provided, when necessary, to support slabs and beams after stripping or where the members are subjected to superimposed loads due to the construction work done.

(13) Vertical shoring must not be adjusted to raise formwork after concrete is in place, unless specifically provided for in the design specifications.

History

• History: 1980 AACS; 1989 AACS; 2013 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42525 Metal frame shoring {#sec-r-408.42525 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42525}

Rule 2525. Locking devices on frames and braces shall be in good working order; coupling pins shall align the frame or panel legs; pivoted cross braces shall have their center pivot in place, and all components shall be without defects.

History

• History: 1980 AACS; 2013 AACS.

Mich. Admin. Code R 408.42526 Tube and coupler shoring {#sec-r-408.42526 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42526}

Rule 2526. (1) The couplers or clamps shall not be used if they are deformed, broken, have defective or missing threads on bolts, or have other defects.

(2) The interlocking of the tubular members and the tightness of the couplers shall be checked before pouring concrete.

History

• History: 1980 AACS; 2013 AACS.

Mich. Admin. Code R 408.42527 Single-post shores {#sec-r-408.42527 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42527}

Rule 2527. (1) For stability, a single-post shore shall be horizontally braced in both the longitudinal and transverse directions, and diagonal bracing shall also be installed. The bracing shall be installed as the shores are being erected.

(2) The top of single-post shores shall be restricted from movement by the use of retainers or other equivalent means.

(3) Timber and fabricated single-post shores and the adjusting devices shall be inspected before erection. Timber for single-post shores shall not be used if it contains splits, cuts, rotting, or structural damage.

(4) A metal single-post shore and the adjusting devices shall not be used if the shore or devices are heavily rusted, bent, dented, or rewelded or have broken weldments or other defects.

(5) A single-post shore that is used in more than 1 tier shall be designed by a registered engineer and inspected by a qualified person. All of the following shall apply:

(a) The single post shores shall be vertically aligned.

(b) The single post shores shall be spliced to prevent misalignment.

(c) The single post shores shall be adequately braced in 2 mutually perpendicular directions at the splice level. Each tier shall also be diagonally braced in the same 2 directions.

(6) When formwork is at an angle or is sloping or when the surface shored is sloping, the shoring shall be designed for this loading by a qualified engineer.

History

• History: 1980 AACS; 1989 AACS; 2003 AACS; 2013 AACS.

Mich. Admin. Code R 408.42528 Flying forms {#sec-r-408.42528 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42528}

Rule 2528. (1) Nothing is allowed on the forms during movement unless it is securely fastened to the forms.

(2) An individual, other than the rigger, shall not be allowed on top of the form after rollout operations have been completed.

(3) Rigging of the form must be completed before the line from the crane takes the total load of the form.

History

• History: 1989 AACS; 2013 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42529 Site access and layout {#sec-r-408.42529 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42529}

Rule 2529. The employer shall ensure each of the following are provided and maintained:

(a) A route designated as a means of access or egress across reinforcing steel for general traffic with a walkway.

(b) Adequate access roads into and through the site for the safe delivery and movement of derricks, cranes, trucks, other necessary equipment, the material to be erected, and the means and methods for pedestrian and vehicular control.

(c) A firm, properly graded, and drained area, that is readily accessible to the work with adequate space for the safe assembly, rigging, and storage of reinforcing and posttensioning materials, and the safe operation of the reinforcing contractor’s equipment.

History

• History: 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42531 Tensioning operations {#sec-r-408.42531 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42531}

Rule 2531. (1) Expendable and reusable tendon deflection devices must not be loaded in excess of their maximum intended load. The use of deflection devices must conform to the manufacturer’s instructions and recommendations.

(2) A competent person shall inspect the stressing equipment for damage or defects before stressing operations begin, and periodically during the stressing operations. The use of stressing equipment must conform to the manufacturer’s instructions and recommendations.

(3) Tensioning tendons that have kinks, bends, nicks, and other defects must not be used.

(4) Welding or cutting is prohibited near tendon that has been unrolled, strung, or tensioned or at any other location where tendon is stored.

(5) During jacking operations of any tensioning element or group of tensioning elements, the anchor must be kept turned up close to the anchor plate.

(6) An employee shall not stand in the line of, in back of, over the jacking equipment, or above or alongside the full length of the tendons during tensioning operations.

(7) Only an employee who is operating tensioning equipment shall be allowed in the immediate vicinity when tensioning is in progress.

(8) Stress members must be lifted with the lifting devices at points specifically designed.

An employee shall not be under stressed members during lifting and erection.

(9) Audible or visual signaling devices must be operated to warn employees when tensioning operations are under way.

(10) All employees who are not directly involved in the tensioning operations shall be cleared from the area and shall remain clear until tensioning operations are completed and the signaling devices are turned off.

(11) An employer shall ensure signs and barricades are erected to limit access into the stressing area only to personnel engaged in stressing or de-tensioning operations.

(12) An employer shall ensure there is an adequate safe work platform of a minimum of 3 feet measured from the end of the floor slab to the platform toeboard, such as an extension of the formwork, for stressing tendons, cutting tendon tails, and grouting where tensioning operations are above grade.

(13) An employer shall ensure stressing equipment is secured to prevent accidental displacement during operation.

(14) An employer shall ensure stressing equipment calibration specifications are available on site. Before stressing, a competent person shall verify the adequacy of the stressing equipment calibrations.

(15) An employer shall ensure methods must be employed to ensure that supporting forms, falsework, or shoring does not fall due to cambering of the concrete during the stressing operations. Dead loads and construction loads, including those due to stressing, must be considered in the design of the forms, falsework, and shoring.

History

• History: 1980 AACS; 1989 AACS; 2013 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42532 Precast and tilt-up operations {#sec-r-408.42532 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42532}

Rule 2532. (1) Lifting inserts which are embedded or otherwise attached to tilt-up precast concrete members shall be capable of supporting at least 2 times the maximum intended load applied or transmitted to them. Lifting inserts which are embedded or otherwise attached to precast concrete members, other than the tilt-up members, shall be capable of supporting at least 4 times the maximum intended load applied or transmitted to them. Lifting hardware shall be capable of supporting at least 5 times the maximum intended load applied transmitted to the lifting hardware.

(2) An erection and procedure plan, including placement of connections, shall be prepared by a qualified employee knowledgeable in precast concrete erection and be kept available at the jobsite.

(3) Precast concrete wall units and vertical panels shall be braced to prevent collapse. A permanent connection may be used in place of bracing if it is capable of withstanding all loads imposed during construction.

(4) An employee, except for a connector, shall not be permitted under a precast section, wall, or panel during lifting and tilting operations.

History

• History: 1980 AACS; 1989 AACS; 1993 AACS; 2003 AACS; 2013 AACS.

Mich. Admin. Code R 408.42533 Lift-slab operations {#sec-r-408.42533 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42533}

Rule 2533. (1) A registered professional engineer who is qualified in lift-slab operations shall design and plan lift-slab operations. An employer shall implement the plans and designs and shall include detailed instructions and sketches that indicate the prescribed method of erection. The plans and designs shall also include provisions for ensuring lateral stability of the building or structure during construction.

(2) An employer shall ensure that jacks are marked to indicate the rated capacity established by the manufacturer.

(3) An employer shall ensure that jacks are not loaded beyond the rated capacity established by the manufacturer.

(4) An employer shall ensure that jacking equipment is not overloaded and the threaded rods and other members that transmit loads to the jacks are capable of supporting not less than 2 1/2 times the load to be applied. Jacking equipment shall include all of the following:

(a) Jacks and other lifting units.

(b) Lifting angles.

(c) Lifting nuts.

(d) Hook-up collars.

(e) T-caps.

(f) Shearheads.

(g) Columns and footings.

(5) An employer shall ensure that a jack is designed and installed so that it will not lift or continue to lift when it is loaded in excess of its rated capacity.

(6) An employer shall ensure that a jack has a safety device installed that will cause the jack to support the load in any position if the jack malfunctions or loses its lifting ability.

(7) An employer shall ensure that jacking operations are synchronized to ensure even and uniform lifting of the slab. An employer shall ensure, that during lifting, all points of the slab support are kept within 1/2 of an inch of that needed to maintain the slab in a level position.

(8) If leveling is automatically controlled, then an employer shall ensure that a device is installed which will stop the operation when the 1/2-inch tolerance specified in subrule (7) of this rule is exceeded or when there is a malfunction in the jacking system.

(9) An employer shall ensure that the maximum number of manually controlled jacks on 1 slab is limited to a number, which shall not be more than 14, that will permit the operator to maintain the slab level within specified tolerances. The controls shall be located near a qualified person.

(10) An employer shall ensure that an employee, except for an employee who is essential to the jacking operation, is not permitted in the building while any jacking operation is taking place. For the purpose of this subrule, a jacking operation begins when a slab or group of slabs is lifted and ends when the slabs are secured with either temporary connections or permanent connections.

(11) An employer shall ensure that an employee is not permitted under a slab during jacking operations.

(12) An employer shall ensure that all welding on temporary and permanent connections is performed in accordance with the requirements of the American welding society standards AWS D1.1/D1.1M, “Structural Welding Code Steel,” 2002 edition, and AWS B1.10, “Guide for the Nondestructive Examination of Welds,” 1999 edition. These standards are adopted by reference in R 408.42503. An employer shall ensure that the welders are familiar with the welding requirements specified in the lift-slab plan and specifications.

(13) An employer shall ensure that load transfer from jacks to building columns is not executed until the welds on the column shear plates are cooled to air temperature.

(14) An employer shall ensure that jack-lifting units are positively secured to building columns so that they do not become dislodged or dislocated.

(15) An employer shall ensure that equipment is designed and installed so that the lifting rods cannot slip out of position or the employer shall initiate other measures, such as the use of locking or blocking devices, that will provide attachments and prevent components from disengaging during lifting operations.

(16) Lifting devices, other than jacks covered by subrule (4) of this rule, shall be of sufficient strength and design to provide a safety factor not less than 5 times the working load.

History

• History: 1980 AACS; 1989 AACS; 1993 AACS; 1998-2000 AACS; 2003 AACS; 2013 AACS; 2016 AACS.

Mich. Admin. Code R 408.42534 Training requirements {#sec-r-408.42534 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42534}

Rule 2534. Employers shall ensure and document that each employee has been provided training and evaluation by a qualified person for the work and avoidance of hazards specific to the activities involved with, and related to concrete placement, precast placement, reinforcing steel activities, post-tensioning rigging, placement of shores and reshores, formwork, and handling of chemicals such as cement, concrete, and form-oils.

History

• History: 1989 AACS; 2013 AACS; 2026 MR 12, Eff. June 22, 2026.

Mich. Admin. Code R 408.42535 Rescinded {#sec-r-408.42535 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42535}

History

• History: 1989 AACS; 2003 AACS; 2013 AACS.

R 408.42601 to R 408.42656 Part 26. Steel Erection

Mich. Admin. Code R 408.42601 Scope, application, adoption, and availability of standards {#sec-r-408.42601 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42601}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 19, and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, MCL 408.1019, and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 26. STEEL ERECTION

Rule 2601. (1) This part sets forth requirements to protect employees from the hazards associated with steel erection activities involved in the construction, alteration, or repair of single and multistory buildings, bridges, and other structures where steel erection occurs. The requirements of this part apply to employers engaged in steel erection unless otherwise specified. This part does not apply to electrical transmission towers, communication and broadcast towers, or tanks. Examples of structures where steel erection may occur, include, but are not limited to, the following:

(a) Single and multistory buildings.

(b) Systems-engineered metal buildings.

(c) Lift slab/tilt-up structures.

(d) Energy exploration structures.

(e) Energy production, transfer and storage structures, and facilities.

(f) Auditoriums.

(g) Malls.

(h) Amphitheaters.

(i) Stadiums.

(j) Power plants.

(k) Mills.

(l) Chemical process structures.

(m) Bridges.

(n) Trestles.

(o) Overpasses.

(p) Underpasses.

(q) Viaducts.

(r) Aqueducts.

(s) Aerospace facilities and structures.

(t) Radar and communication structures.

(u) Light towers (v) Signage.

(w) Billboards.

(x) Scoreboards.

(y) Conveyor systems.

(z) Conveyor supports and related framing.

(aa) Stairways.

(bb) Stair towers.

(cc) Fire escapes.

(dd) Draft curtains.

(ee) Fire containment structures.

(ff) Monorails.

(gg) Aerialways.

(hh) Catwalks.

(ii) Curtain walls.

(jj) Window walls.

(kk) Store fronts.

(ll) Elevator fronts.

(mm) Entrances.

(nn) Skylights (oo) Metal roofs.

(pp) Industrial structures.

(qq) Hi-bay structures.

(rr) Rail marine, and other transportation structures.

(ss) Sound barriers.

(tt) Water process and water containment structures.

(uu) Air and cable-supported structures.

(vv) Space frames.

(ww) Geodesic domes.

(xx) Canopies.

(yy) Racks and rack support structures and frames.

(zz) Platforms.

(aaa) Walkways.

(bbb) Balconies.

(ccc) Atriums.

(ddd) Penthouses.

(eee) Car dumpers.

(fff) Stacker and reclaimers.

(ggg) Cranes and craneways.

(hhh) Bins.

(iii) Hoppers.

(jjj) Ovens.

(kkk) Furnaces.

(lll) Stacks.

(mmm) Amusement park structures and rides.

(nnn) Artistic and monumental structures.

(2) Steel erection activities include all of the following:

(a) Hoisting, laying out, placing, connecting, welding, burning, guying, bracing, bolting, plumbing, and rigging structural steel, steel joists, and metal buildings.

(b) Installing metal decking, curtain walls, window walls, siding systems, miscellaneous metals, ornamental iron, and similar materials.

(c) Moving point-to-point while performing the activities specified in this subrule.

(3) All of the following activities are covered by this part when they occur during and are a part of steel erection activities:

(a) Rigging.

(b) Hoisting.

(c) Laying out.

(d) Placing.

(e) Connecting.

(f) Guying.

(g) Bracing.

(h) Dismantling.

(i) Burning.

(j) Welding.

(k) Bolting.

(l) Grinding.

(m) Sealing.

(n) Caulking.

(o) All related activities for construction, alteration, or repair of materials and assemblies such as any of the following:

(i) Structural steel.

(ii) Ferrous metals and alloys.

(iii) Nonferrous metals and alloys.

(iv) Glass.

(v) Plastics and synthetic composite materials.

(vi) Structural metal framing and related bracing and assemblies.

(vii) Anchoring devices.

(viii) Structural cabling.

(ix) Cable stays.

(x) Permanent and temporary bents and towers.

(xi) Falsework for temporary supports of permanent steel members.

(xii) Stone and other non-precast concrete architectural materials mounted on steel frames.

(xiii) Safety systems for steel erection.

(xiv) Steel and metal joists.

(xv) Metal decking and raceway systems and accessories.

(xvi) Metal roofing and accessories.

(xvii) Metal siding.

(xviii) Bridge flooring.

(xix) Cold formed steel framing.

(xx) Elevator beams.

(xxi) Grillage.

(xxii) Shelf racks.

(xxiii) Multipurpose supports.

(xxiv) Crane rails and accessories.

(xxv) Miscellaneous, architectural, and ornamental metals and metal work.

(xxvi) Ladders.

(xxvii) Railings.

(xxviii) Handrails.

(xxix) Fences and gates.

(xxx) Gratings.

(xxxi) Trench covers.

(xxxii) Floor plates.

(xxxiii) Castings.

(xxxiv) Sheet metal fabrications.

(xxxv) Metal panels and panel wall systems.

(xxxvi) Louvers.

(xxxvii) Column covers.

(xxxviii) Enclosures and pockets.

(xxxix) Stairs.

(xl) Perforated metals.

(xli) Ornamental iron work.

(xlii) Expansion control, including bridge expansion joint assemblies.

(xliii) Slide bearings.

(xliv) Hydraulic structures.

(xlv) Fascias.

(xlvi) Soffit panels.

(xlvii) Penthouse enclosures.

(xlviii) Skylights.

(xlix) Joint fillers.

(l) Gaskets.

(li) Sealants and seals.

(lii) Doors.

(liii) Windows.

(liv) Hardware.

(lv) Detention and security equipment and doors, windows, and hardware.

(lvi) Conveying systems.

(lvii) Building specialties.

(lviii) Building equipment.

(lix) Machinery and plant equipment, furnishings, and special construction.

(4) The duties of controlling contractors under this part include, but are not limited to, the duties specified in R 408.42608(1) and (3), R 408.42626(6), R 408.42644(2), and R 408.42651(4).

(5) The federal Occupational Safety and Health Administration (OSHA) regulations, 29 CFR 1926, Subpart R, “Steel erection,” as amended February 18, 2020, are adopted by reference in these rules, except for the following:

(a) 29 CFR 1926.753 is replaced with R 408.42609 and R 408.42610.

(b) 29 CFR 1926.761 is replaced with R 408.42655.

(6) A reference to 29 CFR 1926.502 means Construction Safety Standard Part 45.

“Fall Protection.”

(7) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(8) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue, NW, Washington, DC 20210, or via the internet at www.OSHA.gov, at no charge, as of the time of adoption of these rules.

(9) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(10) The regulations adopted by reference in these rules may be obtained from the publisher or may be obtained from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(11) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of the following Michigan occupational safety and health administrative standards that are referenced in this standard may be obtained at no charge from the Department of Labor and Economic Opportunity, FOIA and Standards Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan 48909-8143, or via the internet at: www.michigan.gov/mioshastandards., and for quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page:

(a) Construction Safety and Health Standard Part 10. “Cranes and Derricks,” R 408.41001 to R 408.41099a.

(b) Construction Safety Standards Part 28. “Personnel Hoisting in Steel Erection,” R 408.42801 to R 408.42809.

16, 1976; 1979 AC; 1985 AACS; 2002 AACS; 2010 AACS; 2023 AACS.

History

• History: 1954 ACS 78, Eff. Mar. 2, 1974; 1954 ACS 88, Eff. Sept. 16, 1976; 1954 ACS 100, Eff. Sept.

Mich. Admin. Code R 408.42602 Rescinded {#sec-r-408.42602 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42602}

History

• History: 2002 AAC; 2007 AACS; 2013 AACS; 2023 AACS.

Mich. Admin. Code R 408.42604 Rescinded {#sec-r-408.42604 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42604}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42605 Rescinded {#sec-r-408.42605 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42605}

History

• History: 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42606 Rescinded {#sec-r-408.42606 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42606}

History

• History: 1954 ACS 100, Eff. Sept. 5, 1979; 1979 AC; 1985 AACS; 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42608 Rescinded {#sec-r-408.42608 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42608}

R 408.42609. Hoisting and rigging.

Rule 2609. (1) All the provisions of Construction Safety and Health Standard Part 10. “Cranes and Derricks,” as referenced in R 408.42601 apply to hoisting and rigging.

(2) The headache ball, hook or load shall not be used to transport personnel except as provided in subrule (3) of this rule.

(3) Cranes or derricks may be used to hoist employees when work under this rule is being conducted, provided either of the following provisions is met:

(a) All of the requirements of the Construction Safety and Health Standard Part 10.

“Cranes and Derricks,” R 408.41001, except for R 408.41001(1), as referenced in R 408.42601.

(b) All of the requirements of the Construction Safety Standards Part 28. “Personnel Hoisting in Steel Erection,” as referenced in R 408.42601.

(4) Safety latches on hooks shall not be deactivated or made inoperable, except in either of the following situations:

(a) When a qualified rigger has determined that the hoisting and placing of purlins and single joists can be performed more safely by doing so.

(b) When equivalent protection is provided in a site-specific erection plan.

(5) Routes for suspended loads shall be preplanned to ensure that no employee is required to work directly below a suspended load, except for the following employees:

(a) Employees engaged in the initial connection of the steel.

(b) Employees necessary for the hooking or unhooking of the load.

(6) When working under suspended loads, all of the following criteria shall be met:

(a) Materials being hoisted shall be rigged to prevent unintentional displacement.

(b) Hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping out of the hook.

(c) All loads shall be rigged by a qualified rigger.

History

• History: 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.
• History: 1985 AACS; 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42610 Multiple lift rigging procedure {#sec-r-408.42610 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42610}

Rule 2610. (1) A multiple lift shall only be performed if all of the following criteria are met:

(a) A multiple lift rigging assembly is used.

(b) A maximum of 5 members are hoisted per lift.

(c) Only beams and similar structural members are lifted.

(d) All employees engaged in the multiple lift have been trained in multiple lift procedures in accordance with R 408.42655(1).

(e) A crane shall not be used for a multiple lift where such use is contrary to the manufacturer's specifications and limitations.

(2) Components of the multiple lift rigging assembly shall be specifically designed and assembled with a maximum capacity for total assembly and for each individual attachment point. This capacity, certified by the manufacturer or a qualified rigger, shall be based on the manufacturer's specifications with a 5 to 1 safety factor for all components.

(3) The total load shall not exceed either of the following:

(a) The rated capacity of the hoisting equipment specified in the hoisting equipment load charts.

(b) The rigging capacity specified in the rigging rating chart.

(4) The multiple lift rigging assembly shall be rigged with members attached at their center of gravity and maintained reasonably level, rigged from top down, and rigged not less than 7 feet (2.1 m) apart.

(5) The members on the multiple lift rigging assembly shall be set from the bottom up.

(6) Controlled load lowering shall be used whenever the load is over the connectors.

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42614 Rescinded {#sec-r-408.42614 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42614}

History

• History: 1985 AACS; 2002 AACS; 2010 AACS; 2023 AACS.

Mich. Admin. Code R 408.42615 Rescinded {#sec-r-408.42615 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42615}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42616 Rescinded {#sec-r-408.42616 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42616}

History

• History: 2002 AACS; 2007 AACS; 2023 AACS.

Mich. Admin. Code R 408.42617 Rescinded {#sec-r-408.42617 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42617}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42618 Rescinded {#sec-r-408.42618 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42618}

History

• History: 1985 AACS; 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42620 Rescinded {#sec-r-408.42620 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42620}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42621 Rescinded {#sec-r-408.42621 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42621}

History

• History: 1954 ACS 100, Eff. Sept. 5, 1979; 1979 AC; 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42622 Rescinded {#sec-r-408.42622 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42622}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42623 Rescinded {#sec-r-408.42623 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42623}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42624 Rescinded {#sec-r-408.42624 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42624}

History

• History: 1954 ACS 100, Eff. Sept. 5, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 408.42625 Rescinded {#sec-r-408.42625 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42625}

History

• History: 1954 ACS 100, Eff. Sept. 5, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 408.42626 Rescinded {#sec-r-408.42626 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42626}

History

• History: 2002 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42628 Rescinded {#sec-r-408.42628 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42628}

History

• History: 2002 AACS; 2007 AACS; 2023 AACS.

Mich. Admin. Code R 408.42629 Rescinded {#sec-r-408.42629 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42629}

History

• History: 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42630 Rescinded {#sec-r-408.42630 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42630}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42632 Rescinded {#sec-r-408.42632 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42632}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42634 Rescinded {#sec-r-408.42634 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42634}

History

• History: 2002 AACS; 2007 AACS; 2023 AACS.

Mich. Admin. Code R 408.42636 Rescinded {#sec-r-408.42636 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42636}

History

• History: 2002 AACS; 2007 AACS; 2023 AACS.

Mich. Admin. Code R 408.42638 Rescinded {#sec-r-408.42638 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42638}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42640 Rescinded {#sec-r-408.42640 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42640}

History

• History: 1985 AACS; 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42642 Rescinded {#sec-r-408.42642 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42642}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42643 Rescinded {#sec-r-408.42643 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42643}

History

• History: 2002 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42644 Rescinded {#sec-r-408.42644 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42644}

History

• History: 2002 AACS; 2013 AACS; 2023 AACS.

Mich. Admin. Code R 408.42645 Rescinded {#sec-r-408.42645 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42645}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42646 Rescinded {#sec-r-408.42646 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42646}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42648 Rescinded {#sec-r-408.42648 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42648}

History

• History: 2002 AACS; 2007 AACS; 2023 AACS.

Mich. Admin. Code R 408.42650 Rescinded {#sec-r-408.42650 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42650}

History

• History: 1985 AACS; 2002 AACS.

Mich. Admin. Code R 408.42651 Rescinded {#sec-r-408.42651 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42651}

History

• History: 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42653 Rescinded {#sec-r-408.42653 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42653}

History

• History: 2002 AACS; 2023 AACS.

Mich. Admin. Code R 408.42654 Training {#sec-r-408.42654 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42654}

Rule 2654. (1) Training personnel. Training required by this rule must be provided by a qualified person or persons.

(2) An employer shall provide a training program for all employees exposed to fall hazards. The program must include training and instruction in all of the following areas:

(a) The recognition and identification of fall hazards in the work area.

(b) The use and operation of all of the following:

(i) Guardrail systems, including perimeter safety cable systems.

(ii) Personal fall arrest systems.

(iii) Positioning device systems.

(iv) Fall restraint systems.

(v) Safety net systems.

(vi) Other protection to be used.

(c) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used.

(d) The procedures to be followed to prevent falls to lower levels and through or into holes and openings in walking or working surfaces and walls.

(e) The fall protection requirements of this part.

History

• History: 1985 AACS; 2002 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.42655 Special training {#sec-r-408.42655 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42655}

Rule 2655. (1) An employer shall ensure that each employee who performs multiple lift rigging has been provided training in both of the following areas:

(a) The nature of the hazards associated with multiple lifts.

(b) The proper procedures and equipment to perform multiple lifts required by R 408.42610.

(2) An employer shall ensure that each connector has been provided training in all of the following areas:

(a) The nature of the hazards associated with connecting.

(b) The establishment, access, proper connecting techniques, and work practices required by 29 CFR 1926.756(c) and 29 CFR 1926.760(b).

(c) Specific training on personnel hoisting as prescribed in Construction Safety Standards Part 28. “Personnel Hoisting in Steel Erection," as referenced in R 408.42601.

(3) Where CDZs are being used, an employer shall assure that each employee has been provided training in both of the following areas:

(a) The nature of the hazards associated with work within a controlled decking zone.

(b) The establishment, access, proper installation techniques, and work practices required by 29 CFR 1926.760(c) and 29 CFR 1926.754(e).

History

• History: 2002 AACS; 2007 AACS; 2014 AACS; 2023 AACS.

Mich. Admin. Code R 408.42656 Rescinded {#sec-r-408.42656 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42656}

History

• History: 1985 AACS; 2002 AACS.

R 408.42701 to R 408.42799 Part 27. Blasting and Use of Explosives

Mich. Admin. Code R 408.42701 Scope {#sec-r-408.42701 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42701}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 27. BLASTING AND USE OF EXPLOSIVES

Rule 2701. This part provides for the training and qualifications of employees and for the storage, transport, and use of blasting materials for construction operations. This part also provides for the protection of other employees while working within a blast area.

History

• History: 1979 AC; 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42705 Adoption of standards by reference {#sec-r-408.42705 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42705}

Rule 2705. (1) The federal occupational safety and health administration (OSHA) regulations from the Code of Federal Regulations 1926 Subpart U “Blasting and Use of Explosives,” 29 C.F.R. §1926.900 to 29 C.F.R. §1926.914 are adopted by reference in these rules.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.42710 Availability of adopted rules {#sec-r-408.42710 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42710}

Rule 2710. (1) The standards adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standards adopted in these rules are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(3) The standards adopted in these rules may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.42724 Rescinded {#sec-r-408.42724 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42724}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42725 Rescinded {#sec-r-408.42725 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42725}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42726 Rescinded {#sec-r-408.42726 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42726}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42727 Rescinded {#sec-r-408.42727 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42727}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42728 Rescinded {#sec-r-408.42728 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42728}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42731 Rescinded {#sec-r-408.42731 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42731}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42732 Rescinded {#sec-r-408.42732 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42732}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42733 Rescinded {#sec-r-408.42733 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42733}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42734 Rescinded {#sec-r-408.42734 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42734}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42735 Rescinded {#sec-r-408.42735 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42735}

History

• History: 1982 AACS; 1988 AACS; 2015 AACS.

Mich. Admin. Code R 408.42737 Rescinded {#sec-r-408.42737 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42737}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42741 Rescinded {#sec-r-408.42741 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42741}

History

• History: 1982 AACS; 1994 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42742 Rescinded {#sec-r-408.42742 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42742}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42743 Rescinded {#sec-r-408.42743 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42743}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42744 Rescinded {#sec-r-408.42744 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42744}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42751 Rescinded {#sec-r-408.42751 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42751}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42752 Rescinded {#sec-r-408.42752 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42752}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42753 Rescinded {#sec-r-408.42753 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42753}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42754 Rescinded {#sec-r-408.42754 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42754}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42755 Rescinded {#sec-r-408.42755 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42755}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42756 Rescinded {#sec-r-408.42756 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42756}

History

• History: 1982 AACS; 2013 AACS.

Mich. Admin. Code R 408.42757 Rescinded {#sec-r-408.42757 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42757}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42758 Rescinded {#sec-r-408.42758 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42758}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42759 Rescinded {#sec-r-408.42759 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42759}

History

• History: 1982 AACS; 2013 AACS; 2015 AACS.

Mich. Admin. Code R 408.42761 Rescinded {#sec-r-408.42761 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42761}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42762 Rescinded {#sec-r-408.42762 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42762}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42763 Rescinded {#sec-r-408.42763 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42763}

History

• History: 1982 AACS; 2015 AACS.

Mich. Admin. Code R 408.42799 Rescinded {#sec-r-408.42799 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42799}

History

• History: 1982 AACS; 1988 AACS; 2013 AACS; 2015 AACS.

R 408.42801 to R 408.42809 Part 28. Personnel Hoisting in Steel Erection

Mich. Admin. Code R 408.42801 Scope {#sec-r-408.42801 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42801}

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of labor and economic growth by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2 and 2003-18, MCL 408.1019, 408.1021, 445.2001, and 445.2011)

PART 28 Personnel Hoisting In Steel Erection

Rule 2801. (1) This part sets forth requirements to protect employees from the hazards associated with steel erection activities involved in the construction, alteration, or repair of single and multistory buildings, bridges, and other structures where steel erection occurs.

History

• History: 2007 AACS.

Mich. Admin. Code R 408.42804 Definitions {#sec-r-408.42804 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42804}

Rule 2804. (1) "Competent person" means a person who is experienced and capable of identifying an existing or potential hazard in surroundings, or under working conditions, that are hazardous or dangerous to an employee and who has the authority and knowledge to take prompt corrective measures to eliminate the hazards.

(2) "Connector" means an employee who, working with hoisting equipment, is placing and connecting structural members or components.

(3) "Controlled load lowering" means lowering a load by means of a mechanical hoist drum device that allows a hoisted load to be lowered with maximum control using the gear train or hydraulic components of the hoist mechanism. Controlled load lowering requires the use of the hoist drive motor, rather than the load hoist brake, to lower the load.

(4) "Headache ball" means a solid iron weight, usually spherical, used to keep the loadline taut and positioned above the hook.

(5) "Load line standing platform" means an attachment to the headache ball of a crane that provides adequate footing for the safe transport of connectors.

(6) "Personal fall arrest system" means a system used to arrest an employee in a fall from a working level. A personal fall arrest system consists of an anchorage, connectors, a body harness, and may include a lanyard, deceleration device, lifeline, or suitable combination of these. The use of a body belt for fall arrest is prohibited.

(7) "Positioning device system" means a body belt or body harness rigged to allow an employee to be supported on an elevated, vertical surface, such as a wall or column, and work with both hands free while leaning.

(8) "Purlin, in systems-engineered metal buildings," means a "Z" or "C" shaped member formed from sheet steel spanning between primary framing and supporting roof material.

(9) "Steel erection" means the construction, alteration, or repair of steel buildings, bridges, and other structures, including the installation of metal decking and all planking used during the process of erection.

History

• History: 2007 AACS.

Mich. Admin. Code R 408.42806 Reference of standards {#sec-r-408.42806 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42806}

Rule 2806. (1) The following occupational safety and health administrative standards are referenced in this standard.Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909-8143, or via the internet at: www.michigan.gov/mioshastandards.For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 26. "Steel Erection" being R 408.42601 to R 408.42655 of the Michigan administrative code.

(b) Construction Safety Standard Part 45. "Fall Protection," being R 408.44501 to R 408.44502 of the Michigan administrative code.

History

• History: 2007 AACS.

Mich. Admin. Code R 408.42809 Personnel hoisting {#sec-r-408.42809 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42809}

Rule 2809. (1) All the provisions of construction safety standard Part 26. "Steel Erection" being R 408.42601 to R 408.42655, which is referenced in R 408.42806, apply to all hoisting.

(2) Riding the headache ball is prohibited except when the work area is inaccessible or hazardous to reach by other means, a maximum of 2 connectors may ride the headache ball to and from the workstation with the knowledge and consent of the employer or the employer's designated representative. The connector or connectors may be lifted to the workstation only when all of the following conditions exist:

(a) Connectors riding a load line standing platform shall be protected from falling by a positioning device system or a personal fall arrest system as prescribed in construction safety standard Part 45. "Fall Protection," R 408.44501 to R 408.44502 which is referenced in R 408.42806.

(b) The connector or connectors and his or her immediate supervisor, who shall be a competent person, and the operator who will perform the lift shall verbally agree and certify in writing that using the load line standing platform is the safest alternative.

They shall plan the lift together to minimize the transport distance. A minimum distance of 20 feet shall be maintained between the load line standing platform and the top sheave.

(c) A load line standing platform shall be a minimum of 3/8 of an inch thick steel plate not less than 12 inches nor more than 18 inches in diameter and shall provide means for slip resistant footing. The platform shall be secured in such a manner to prevent tipping and shall be placed between the headache ball and the wedge socket.(See figure 1.) As an alternative, a shackle rated not less than 25 tons may be used.(See figure 2.)

(d) No rigging or load shall be attached to the crane or derrick during the use of a load line standing platform by the connector or connectors.

(e) The maximum rate of travel for the connector or connectors riding the load line standing platform shall be 100 feet per minute. Free-spooling and live booms are prohibited. Controlled load lowering shall be used when the load line standing platform is used to lower the connector or connectors.

(f) There shall be a communication system between the connector or connectors on a load line standing platform and the operator of the crane or derrick. The system may be hand signals or a closed 2-way selective frequency radio system. Hand signals shall be followed according to appendix A of this part.

(g) An operator of a crane or derrick shall:

(i) Not be authorized to raise or lower the connector or connectors on a load line standing platform unless the operator is certified by the national commission for the certification of crane operators or an equivalent crane certification organization.

(ii) Be trained in all of the provisions of R 408.42809(2) before being allowed to transport the connector or connectors on a load line standing platform.

(h) When a load line standing platform is in use by the connector or connectors, the operator of a crane or derrick shall maintain the minimum distance from an energized power transmission or distribution line as required in table 1, as follows:

VOLTAGE MINUMUM CLEARANCE

Up to 50 kV 20 feet Over 50 kV 20 feet + 0.8 inch per kV over 50 kV (i) The load line of a crane or derrick that is used to raise or lower the connector or connectors on a load line standing platform shall have a safety factor of 10 for the anticipated load, and be equipped with a swivel to prevent any rotation of the load line standing platform. A minimum of 1/2-inch diameter load line shall be used.

(j) Neither the load line standing platform nor the boom shall be lowered below the point where less than 3 full wraps of the wire rope remain on their respective drums.

(k) A crane or derrick that is used to raise or lower a load line standing platform shall be set level according to the crane or derrick manufacturer's specifications. The travel lock shall be engaged on a crane when the load line standing platform is in use.

(l) A crane that is equipped with outriggers shall have the beams and jacks fully extended to provide maximum stability and the floats shall have a stable bearing when the load line standing platform is in use by the connector or connectors. A crawler crane shall have its crawlers fully extended when the load line standing platform is in use.

(m) Where a crane or derrick will be used to elevate the connector or connectors on the load line standing platform to an area where there has been no previous lift of structural members, a trial lift shall be performed and consist of positioning the load line standing platform to the position it is to be used with an assumed minimum anticipated load of 1,000 pounds. The operator shall determine that all configurations necessary to reach the work location will allow the crane or derrick to remain under the 50% limit of the hoisting capacity; that all systems, controls, and safety devices are activated and functioning properly; and that interferences do not exist. This will be done at each set-up location of a crane or derrick prior to elevating the connector or connectors.

History

• History: 2007 AACS.

R 408.42901 to R 408.42943 Part 29. Communication Towers

Mich. Admin. Code R 408.42901 Scope {#sec-r-408.42901 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42901}

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of labor and economic growth by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2 and 2003-18, MCL 408.1019, 408.1021, 445.2001, and 445.2011)

PART 29. COMMUNICATION TOWERS

Rule 2901. These rules shall be applied as follows:

(1) These rules set forth the minimum requirements for employers to protect employees from the hazards associated with working on communication towers, which includes antenna and antenna supporting structures, broadcast, and other similar structures that support communication related equipment, during construction, alteration, repair, operation, inspection, maintenance, and demolition activities.

(2) These rules do not apply to activities performed by electric utilities and their subcontractors for the purpose of internal communications or metering on energized or induced structures related to electric energy, or for generation, control, transformation, transmission, and distribution of electric energy, which are located in buildings used exclusively by the electric utilities for such purposes, or located outdoors on property owned or leased by the electric utilities or on public right of ways; or outdoors by established rights on private property.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42904 Availability of referenced documents {#sec-r-408.42904 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42904}

Rule 2904. (1) The Federal Communications Commission 47 CFR 1.1310 radiofrequency radiation exposure limits standard is adopted by reference in these rules and is available without cost as of the time of adoption of these rules by accessing the United States government printing office at website: http://www.access.gpo.gov/nara/cfr/waisidx_06/47cfr1_06.html then scrolling down to 1.1310 radiofrequency radiation exposure limits, or from the Michigan Department of Labor and Economic Growth, MIOSHA Standards Section, P.O. Box 30643, Lansing, Michigan 48909.

(2) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: http://www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction safety standard part 1. general rules, R 408.40101 to R 408.40134.

(b) Construction safety standard part 10. lifting and digging equipment, R 408.41001a to R 408.41099a.

(c) Construction safety standard part 11. fixed and portable ladders, R 408.41101 to R 408.41140.

(d) Construction safety standard part 21. guarding of walking and working areas, R 408.42101 to R 408.42160.

(e) Construction safety standard part 45. fall protection, R 408.44501 to R 408.44502.

(f) Occupational health standard part 472. medical services and first aid, R 325.47201.

(3) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost as of the time of adoption of these rules, as stated in this subrule:

(a) ANSI/TIA-1019 2004 structural standards for steel gin poles used for installation of antenna towers and antenna supporting structures. Cost $109.00.

(b) ISO standard 4406, hydraulic fluid power--fluids--method for coding the level of contamination by solid particles, second edition, December 1999. Cost: $60.00.

(c) The standards referenced in subrule 3(a) and (b) of this rule are also available for inspection at the Department of Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(d) Copies of the standards referenced in subrule (3)(a) and (b) of this rule may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in subrule (3)(a) and (b), of this rule, plus $20.00 for shipping and handling.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42907 Definitions {#sec-r-408.42907 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42907}

Rule 2907. (1) "Anti-two block device" means a positive acting device that prevents contact between the load block or overhaul ball and the top block (two-blocking), or a system that deactivates the hoisting action before damage occurs in the event of a two-blocking situation.

(2) "Authorized climber" means an individual with the physical capabilities to climb; who may or may not have previous climbing experience; has been trained in fall protection regulations, the equipment that applies to communication structures work, and instruction for proper use of the equipment.

(3) "Boatswain chair" [bosun chair (seat)] means a seat consisting of a board and a rope and any support where a person can sit (especially the part of a chair or bench, or similar equipment on which the person sits) for working at heights on structures.

(4) "Brakes" mean a mechanical or hydraulic system that can decelerate or stop a load.

(5) "Catheads or capstans" mean a spool-shaped metal mechanical device mounted on the end of a shaft around which a rope is wrapped. A capstan is similar to a cathead but is mounted in the vertical position.

(6) "Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees and who has authorization to take prompt corrective measures to eliminate problems.

(7) "Crew chief/supervisor/foreman" means one who is authorized and designated as competent and qualified by the employer.

(8) "Crown block (top block or load block)" means the sheave assembly used to change the direction of the load line or jump line coming from the hoist and is attached at the uppermost location of the structure for the project to lift loads.

(9) "Drum" means a cylindrical member with flanges on each end around which rope is wound for lifting or lowering a load.

(10) "Flemish eyes (Molly Hogan)" means an eye splice made by using stranded cable and weaving them together to make an eye.

(11) "Foot block" means a block stationed at the base of a structure that allows the wire rope to change direction 90 degrees to go up the structure.

(12) "Full body harness" means a body support that is designed to contain the torso in such a manner that fall arrest forces are distributed over at least the upper thighs, pelvis, chest, and shoulders.

(13) "Gin pole" means a device unique to the telecommunications industry used to raise successive sections of tower steel, antennas, or equipment into position. This temporary device allows headroom above the highest fixed point of the tower or structure.

(14) "Gross load" means the total load to be lifted. This includes the weight of the lifted object, headache ball, the load line, tag line, and any other attachments.

(15) "Hoist mechanism or hoist" means the complete unit including frame, prime mover (winch assembly), pumps, motors, drums, and any associated equipment that is necessary to make the complete unit work.

(16) "Hoisting" means the act of lifting and lowering loads or personnel.

(17) "Load chart" means a chart used to determine the lifting capacities under specified parameters and an understanding of the working parameters within which the capacities are to be used.

(18) "Load line" means a wire rope of sufficient size and strength to raise the intended gross load safely.

(19) "Maximum intended personnel load/gross load" means the total load of all employees, tools, materials, load lines, and other loads reasonably anticipated to be applied to the hoist apparatus when an employee is hoisted.

(20) "Oil sample analysis" means a method used to evaluate oil, which may not mean a laboratory analysis, but can be effectively accomplished in the field by a qualified person.

(21) "One-hundred percent (100%) fall protection" means each employee exposed to fall hazards above 6 feet while ascending, descending, or moving point to point, must be protected by fall protection, as described in R 408.42910 Fall protection, at all times.

(22) "Operator" means a person who runs (operates) equipment, such as winches, cranes, or hoists.

(23) "Pitch diameter" means the root diameter of drum, lagging or sheave, plus the diameter of the rope.

(24) "Positive locking system" means a system that creates a mechanical means of ensuring that the connection or interface between 2 components will not slip.

(25) "Powered lowering" means the act of controlled lowering of a load by the use of a system or device in the power train, which can control the lowering speed of the winch assembly.

(26) "Prime mover" means the system that provides the energy to rotate the winch assembly.

(27) "Proficient" means a thorough competence derived from training and practice.

(28) "Proof test" means the act of testing the rigging and hoist mechanism whenever newly rigged or after any changes are made to the hoist mechanism or rigging.

(29) "Pulley" means a sheave wheel that is grooved on the outer circumference to hold a wire rope in place while turning and allows a mechanical advantage for lifting or a change in direction.

(30) "Qualified person" means a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

(31) "Rated capacity" means the load that a winch assembly may handle under given operating conditions and at a known design factor.

(32) "Rigging" means, but is not limited to, chains, ropes, pulleys, hooks, and all accompanying hardware for lifting, lowering, suspending, and fastening loads.

(33) "Side plates" means the side plates of sheaves or double plate attachment points that support the sheave.

(34) "Similar structures" means any structure that holds equipment relevant to the communication industry.

(35) "Slings" means a looped wire rope, strap, or chain for supporting, cradling, or lifting an object.

(36) "Static brakes" means brakes used once the motion of the drum has come to a complete stop to prevent creeping or slippage. Static brakes are not necessarily separate from the primary braking system or may be redundant in application. A locking device on a primary braking system may be used.

(37) "Tag line and/or trolley line" means a method or system of applying a force to control a load and having the ability to create a space between the load and structure or gin pole.

(38) "Teardown inspection" means the complete disassembly, cleaning, inspection, and replacement of all worn, cracked, corroded or distorted parts such as pins, bearings, shafts, gears, brake rotors, brake plates, drum, and base that may affect the operation of the winch assembly.

(39) "Trial lift" means testing a specified load weight from ground level to the location of where personnel or equipment are to be hoisted.

(40) "Two blocking" means an unsafe condition that occurs on a system when the overhaul ball, hook block, or headache ball on the load line comes in contact with the main load sheave.

(41) "Winch assemblies" means a device with a cylindrical drum with end flanges, shaft, shaft support, gears, and brakes used to lift or lower items.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42910 Fall protection {#sec-r-408.42910 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42910}

Rule 2910. (1) Prior to employees being exposed to elevations above 6 feet, the employer shall ensure that 100% fall protection systems compatible with the tasks assigned are provided, used, and maintained as required in this rule.

(2) These rules shall not require the retrofitting of communication towers provided that employees who are exposed to fall hazards above 6 feet while performing work on communication towers are protected from such hazards by means of a 100% fall protection system.

(3) In addition to the criteria for pre-climb planning and inspection included in subrule (8) of this rule, all of the following shall occur prior to employees climbing the tower at heights above 6 feet:

(a) All projects requiring climbing shall be planned by a competent person.

(b) All climbing facilities shall be visually inspected daily at the tower base by a competent person for rust, corrosion, deterioration, or other hazards on the climbing facilities that could lead to death or injury of an employee in the performance of their duties. Additionally, the climbing facilities shall be visually inspected for these items as the employees ascend to the elevation point where work is being performed. If any such hazard is identified during this inspection, employees shall not use the climbing facility until such hazards are abated.

(c) A competent person shall ensure that all fall protection equipment is inspected prior to each use for wear, damage, defect, or other deterioration by employees who have been trained in accordance with R 408.42916. Defective equipment shall be identified and tagged as defective and immediately removed from service.

(d) Components of a fall protection system and the fall protection equipment utilized by employees shall be compatible with one another and shall be used in accordance with construction safety standard part 45. fall protection, being CFR 1926.502(d) personal fall arrest systems, adopted by reference in R 408.44501 and R 408.44502.

(e) The planning and inspections shall be performed and documented. The documentation shall be maintained on-site while work is being performed. The documentation shall include the date of the planning and inspection, the name of the competent person performing the planning and inspection, and the site location.

(4) An employer shall comply with the requirements of subrule (1) of this rule in 1 of the following ways:

(a) Permit employees to use the 100% fall protection systems described in subrules (5) to (8) of this rule.

(b) If the fall protection systems described in subrules (5) to (8) of this rule are not present, the employer shall not permit employees to climb the tower at heights above 6 feet unless at least 1 of the following conditions is met:

(i) An alternative means of 100% fall protection is used that is at least as effective as the fall protection systems described in subrules (5) to (8) of this rule.

(ii) An alternative means of access to the work area is used such as an aerial lift or elevated work platform.

(iii) The employer can demonstrate that the requirements for a fall protection plan under subrule (4)(c) of this rule have been met.

(c) When employees are working on a structure where no adequate tie-off anchorage points exist, the fall protection systems described in subrule (4)(a) and (b) of this rule are not feasible or create a greater hazard, and the work cannot be completed utilizing an alternative means of access to the work area such as an aerial lift or elevated work platform, then an employer shall comply with construction safety standard part 45. fall protection, R 408.44501 and R 408.44502, and ensure all of the following:

(i) That each employee under the fall protection plan has been trained as an authorized climber.

(ii) That the fall protection plan shall be made available and communicated to exposed employees prior to the employees beginning work, and such communication shall be documented by the employer.

(iii) That the fall protection plan shall identify each location on the tower/structure where fall protection methods as described in subrule (4)(a) and (b) of this rule cannot be used. As soon as adequate tie-off anchorage points or other fall protection systems can be established, the employer shall use any of the fall protection systems described in subrule (4)(a) and (b) of this rule.

(5) Guardrail systems and their components that are used by employees as a means of 100% fall protection shall conform to the criteria in construction safety standard part 45. fall protection, being CFR 1926.502(b) guardrail systems, adopted by reference in R 408.44501 and R 408.44502.

(6) Personal fall arrest systems and their components that are used by employees as a means of 100% fall protection shall conform to the criteria in construction safety standard part 45. fall protection, being CFR 1926.502(d) personal fall arrest systems, adopted by reference in R 408.44501 and R 408.44502. The employer shall ensure that the attachment points to the structure, when used by employees as an anchorage as part of a personal fall arrest system (PFAS), are designed to meet the requirements of an approved anchorage in accordance with construction safety standard part 45. fall protection, being CFR 1926.502(d) personal fall arrest systems, adopted by reference in R 408.44501 and R 408.44502.

(7) Positioning device systems and their components that are used by employees as a means of 100% fall protection shall conform to the criteria in construction safety standard part 45. fall protection, being CFR 1926.502(e) positioning device systems, adopted by reference in R 408.44501 and R 408.44502.

(8) In addition to the applicable criteria in construction safety standard part 11. fixed and portable ladders, R 408.41101 to R 408.41140 and part 21. guarding of walking and working areas, R 408.42101 to R 408.42160, ladder safety systems and related support systems for fixed ladders that are used by employees as a means of 100% fall protection shall conform to all of the following criteria:

(a) Prior to climbing the structure, a competent person shall ensure that the ladder safety system has been inspected for proper operation and that all components used with the ladder safety system are compatible.

(b) To perform an inspection required by subrule (8)(a) of this rule, employees shall do all of the following:

(i) Approach the ladder at the base and connect to the functional safety climb system.

(ii) Attach to the base of the fall arrest system. If the attachment point is above 6 feet, then 100% fall protection shall be used. The 100% fall protection shall be attached to an alternate approved anchorage point.

(iii) Forcibly engage the device without letting go of the ladder.

(iv) If the device does not function properly, employees shall not use the device until it functions properly.

(c) If a ladder is obstructed, inhibiting the effective use of the ladder safety system, an alternative means of 100% fall protection shall be used that is at least as effective as the types of fall protection described by this rule.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42913 Emergency response {#sec-r-408.42913 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42913}

Rule 2913. (1) The employer shall establish and document procedures for rescue of employees in the event of an emergency, which shall include whether the employer will designate its own employees to perform the rescue procedures or whether the employer will designate a third party to perform the rescue procedures. The documented procedures shall be available for review by the director of the Michigan department of labor and economic growth or his or her designee, upon request.

(2) When an employer uses employees to provide elevated (high angle) rescue and emergency services, the following measures shall be taken:

(a) Ensure at least 2 rescue-trained employees are on-site when employees are working at heights over 6 feet on the structure. When there are only 2 employees onsite and 1 of these employees has been employed for less than 12 months, then that new employee must minimally have documented rescue training which includes steps to be taken in an emergency.

(b) Ensure that personal protective equipment (PPE) and high angle rescue equipment needed to conduct elevated rescues are provided, utilized, and maintained by the rescue-trained employees.

(c) Train rescue employees so they are proficient in the use and maintenance of PPE and high angle rescue equipment needed to conduct elevated rescues.

(d) Train rescue employees to perform assigned rescue duties to ensure that they maintain the ability to perform and demonstrate such duties by conducting and documenting simulated rescue operations at least once every 12 months. The employer shall keep documentation available for review by the director of the department of labor and economic growth or his or her designee, upon request.

(3) An employer who designates a third-party rescue and emergency service to provide elevated (high angle) rescue and emergency services shall take all of the following measures:

(a) Obtain verification from the third-party rescue team or service that it is able to respond to a rescue summons in a timely manner.

(b) Obtain verification from the third-party rescue team or service that it is proficient with rescue-related tasks and equipment as they relate to rescuing climbers from elevated heights on communication structures.

(c) Select a rescue team or service from those evaluated that has verified it has the capability to reach the victims and is equipped for and capable of performing the needed rescue services.

(d) Provide the selected rescue team or service with contact information regarding all towers/structures from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations as it deems necessary.

(e) Provide the selected rescue team or emergency service, prior to the first day on which employees perform work at heights over 6 feet, of the site and location of the structures, the number of employees that will ascend/descend the structures, the heights at which employees will be working, the names and telephone numbers for any employer contacts, expected project duration, and any other information that is requested by the rescue team or emergency service.

(4) In addition to the requirements of occupational health standard part 472. medical services and first aid, R 325.47201, and construction safety standard part 1. general rules, R 408.40132 medical services and first aid, the employer shall ensure that at least 2 employees on site are trained and hold current certifications in basic first aid and cardiopulmonary resuscitation (CPR) issued by the American red cross or any other organization whose standards are equivalent to the American red cross.

When there are only 2 employees on-site and 1 of these employees has been employed for less than 6 months, then only the other employee must be trained and hold current certifications in basic first aid and CPR.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42916 Training {#sec-r-408.42916 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42916}

Rule 2916. (1) In order for employees to work at heights above 6 feet, they must be approved for such work by a competent person.

(2) Training of employees shall be performed by a qualified person able to perform such training.

(3) The employer's written work procedures shall be provided to employees as part of their training.

(4) Pictures and symbols may be used as a means of instruction if employee understanding is improved using this method.

(5) The employer shall ensure that each employee working at heights above 6 feet has been trained in all of the following areas:

(a) The nature of fall hazards in the work area.

(b) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used.

(c) The correct procedures for inspecting fall protection equipment for wear, damage, defect, or deterioration.

(d) Climbing safety procedures.

(e) The use and operation of the fall protection systems used by the employer, as described in R 408.42910(4).

(f) The role of employees in fall protection plans.

(g) The compatibility of fall protection equipment and fall protection systems.

(6) All employees who may be exposed in excess of the general population/uncontrolled maximum permissible exposure (MPE) limits stated in the federal communications commission 47 CFR 1.1310 radiofrequency radiation exposure limits standard shall receive radio frequency (RF) hazard awareness training by a qualified person able to perform such training in all of the following areas:

(a) General population/uncontrolled MPE limits.

(b) Recognition of RF exposure sources in communication tower work.

(c) Proper use and interpretation of RF exposure.

(d) Work procedures to avoid excessive RF exposure.

(e) Proper use of RF protective clothing and other related PPE.

(f) Symptoms and health issues related to RF exposure.

(g) RF exposure first-aid procedures.

(h) Exposure to induced current hazards.

(7) Employers shall ensure that each affected employee who works in an electromagnetic energy environment with potential RF exposure in excess of the general population/uncontrolled MPE limits stated in the federal communications commission 47 CFR 1.1310 radiofrequency radiation exposure limits standard has access and understands the specific site information related to the RF energy and RF fields present at each individual site.

(8) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by this rule, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, the following situations:

(a) Changes in the workplace render previous training obsolete.

(b) Changes in the types of fall protection systems or equipment to be used render previous training obsolete.

(c) Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42919 Training certification and records {#sec-r-408.42919 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42919}

Rule 2919. (1) The employer shall document that each employee has been trained with a certification record that includes all of the following:

(a) The identity of the person trained.

(b) The signature of the employer or the qualified person who conducted the training.

(c) The date that training was completed.

(d) A description of the training.

(2) The employer shall maintain a copy of the training lesson plan for each topic of instruction.

(3) The employer shall prepare the certification record at the completion of the training required by these rules and shall be maintained for the duration of the employee's employment.

(4) The most current certification record shall be kept available for review by the director of the department of labor and economic growth or his or her designee, upon request.

(5) An employer may accept training records or certificates for previous training if the employer verifies that all training and knowledge is up-to-date and applicable to the new employee's job duties.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42922 Hazard identification {#sec-r-408.42922 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42922}

Rule 2922. (1) In addition to the inspections required by R 408.42910(3), the employer shall ensure that a hazard assessment is performed to identify, assess, and control employee exposure to hazards as required by these rules and any other applicable state or federal statutes, rules, or regulations. Hazard assessments required by this rule shall be documented as follows:

(a) Initially and daily for each site by a competent person prior to permitting employees to climb the structure.

(b) When safety and health information or change in workplace conditions indicates that a new or increased hazard may be present.

(2) The hazard assessments required by this rule shall do the following:

(a) Be performed by a competent person.

(b) Evaluate new equipment, materials, and processes for hazards before they are introduced into the workplace.

(c) Identify meteorological conditions that could affect work at heights above 6 feet on a tower, such as wind, rain, snow, or ice.

(3) If hazards are identified, the employer shall assess the severity of identified hazards and implement means to control such hazards, including providing employees with personal protective equipment (PPE) designed to control the identified hazards and ensuring the proper use of the PPE by the employees.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42925 Hoists {#sec-r-408.42925 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42925}

Rule 2925. (1) Prior to the use of hoists during construction, alteration, repair, maintenance, or demolition of communication towers, the employer shall ensure that they meet the following requirements:

(a) All hoists and operations shall meet the requirements of construction safety standard part 10. lifting and digging, R 408.41001a to R 408.41099a, where applicable.

(b) All applicable requirements for design, construction, installation, testing, inspection, maintenance, and operation of hoists as prescribed by the manufacturer or a licensed professional engineer are met.

(c) The operating manual developed by the manufacturer, or licensed professional engineer, for the specific make and model hoist being used, as well as documentation for any inspection, testing, and operator training certification required by these rules shall be maintained at the work site.

(d) Documentation shall be maintained that the hoist operator has practical training on the hoist being operated.

(2) The employer shall ensure that when mounting the hoists and winches, all of the following provisions shall apply:

(a) Attachment of the winch assembly to the structure shall be sized to resist at least 2.0 times the reactions induced at the maximum attainable line pull.

(b) The alignment of winch assembly components will be maintained within limits that shall prevent premature deterioration of gear teeth, bearings, splines, bushings, and any other parts of the hoist mechanism.

(c) The hoist mechanism may be designed to lift materials and also personnel with the same drum or drums.

(d) Winch assemblies shall comply with all of the following:

(i) The winch drum shall have a positive means of attaching the wire rope to the drum.

(ii) The winch drum and load blocks shall have a diameter or enough layers on the drum to maintain a minimum of an 18:1 pitch diameter ratio to the wire rope.

(iii) If the winch drum cannot maintain an 18:1 pitch diameter ratio on the bare drum, then at least 3 wraps shall be maintained.

(iv) During operations the drum flange will be a minimum of 1/2 inch higher than the top layer of the wire rope.

(e) Hoist brakes shall comply with all of the following:

(i) Brakes shall be capable of controlling the descent of a load.

(ii) Brakes shall be capable of stopping the load in such a way as that it does not induce shock loading.

(iii) If the hoist mechanism has the ability to free spool, then it shall have a means of a positive locking system to prevent free spooling during personnel hoisting.

(f) Winch assemblies shall be provided with a primary brake and at least 1 independent secondary brake, each capable of holding 125% of the lifting capacity of the hoist.

(i) The primary and secondary brake shall be directly connected to the drive train of the winch assembly and shall not be connected through belts, chains, etc.

(ii) The primary and secondary brake, when actuated, shall decelerate, stop, and hold the load in a controlled manner that will not induce shock loading.

(g) Brakes shall be provided with adjustments, where necessary, to compensate for wear and to maintain adequate force on springs where used.

(h) Brakes shall be provided to prevent the drum from rotating in the lowering direction and shall be capable of holding the load indefinitely without attention from the operator.

(i) An automatic means to set brakes in the event the loss of brake actuating power shall be provided on winch assemblies that have no continuous mechanical linkage between the brake actuator and the brake.

(j) Static brakes shall be provided to hold the drum from rotating in the lowering direction and shall be capable of holding the load indefinitely without attention from the operator. Brakes shall be automatically applied upon return of the control lever to its center (neutral) position. Brakes, which are applied on stopped hoist drums, shall have sufficient impact capacity to hold 1.5 times the rated torque of the hoist.

(k) Hoist controls shall comply with all of the following:

(i) The hoist mechanism shall have at the operating station a means to start and stop the prime mover under emergency conditions.

(ii) All controls used during the normal operation of the hoist mechanism shall be located within easy reach of the operator while at the operator's station.

(iii) All control levers must spring return to neutral when released or have a comparable system that allows the braking mechanism to set automatically.

(iv) All control levers shall be clearly marked and easily visible from the operator's station.

(v) Foot-operated pedals, where provided, shall be constructed so the operator's feet will not readily slip off and the force necessary to move the pedals shall be easily accomplished.

(vi) Foot-operated brakes shall be equipped with a locking device to maintain the brake in a loaded position.

(l) The manufacturer's guidelines for repair and modification shall be used; however, when these are not available, the following minimum guidelines shall be used:

(i) Repaired hoists shall be line pull tested to the maximum rated load and the winch assembly shall be rotated several times in both hoisting and lowering directions under maximum rated load while checking for smooth operation.

(ii) Prior to initial use, all new, altered, or modified hoist mechanisms shall be inspected by a qualified person.

(iii) Documentation of all modifications and repairs shall be maintained and available for review for a minimum of 2 years.

(iv) A qualified person shall monitor all repairs or modifications.If modifications alter the line pull or performance of the unit, then a revised load chart must be installed to reflect the change.

(m) Hoist/winch guarding shall comply with all of the following:

(i) Belts, pulleys, gears, shafts, sprockets, spindles, drums, fly wheels, chains, or other rotating parts shall be fully guarded to prevent employee contact.

(ii) All exhaust pipes shall be guarded where exposed to employee contact.

(n) For inspections, testing, and maintenance, the manufacturer's guidelines and recommendations shall be used. However, when not available, the following minimum guidelines shall be used:

(i) A competent person, knowledgeable of hoists, shall complete inspections.

(ii) All repair and inspection records shall be available and accessible for a minimum of 2 years.

(iii) A tear down inspection record shall be available until the next teardown inspection is completed.

(iv) Any hoist that has been idle for a period of over 6 months shall be given an annual inspection.

(v) Any hoist that has an unknown history of repair or maintenance shall have a tear down inspection.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42928 Catheads or capstans {#sec-r-408.42928 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42928}

Rule 2928. When operating catheads or capstans the employer shall ensure that the following requirements are met:

(a) The operator will be properly trained on the operation of catheads or capstans.

(b) The operator shall use at least 3 wraps of rope on the drum and not place so many wraps on the drum as to allow the rope to ride over the end of drum.

(c) Precautions shall be taken to prevent entanglement of other lines with a line in use on a cathead.

(d) When a cathead is unattended, a rope or line shall not remain wrapped on or in contact with the cathead.

(e) A qualified employee shall attend the draw works control when a manually operated cathead is in use.

(f) A splice shall not be allowed to contact the cathead friction surface, with the exception of endless rope properly spliced.

(g) A natural or synthetic rope shall not be used for load carrying service if any of the following apply:

(i) It is frozen or has been subjected to corrosive chemicals or extreme temperatures.

(ii) It has begun to unravel.

(iii) It has external abrasions, cuts, or broken fibers, decay, burns, softness, or variation in size or roundness.

(iv) It has internal presence of grit, broken fibers, mildew or mold, color change, powdering, or loose fibers.

(h) Natural or synthetic rope shall not be used if there is exposure to corrosive substances, chemicals, or heat.

(i) Catheads or capstans shall not be used to raise or lower personnel or to lift loads directly over personnel.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42931 Gin poles {#sec-r-408.42931 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42931}

Rule 2931. When installing gin poles, the employer shall ensure that the following requirements are met:

(a) The gin pole shall be attached to a structure in an arrangement, as shown in Figure 2.1 of the ANSI/TIA-1019 2004 Structural Standards for Steel Gin Poles Used for Installation of Antenna Towers and Antenna Supporting Structures, with its upper portion cantilevering above the tower top.

(b) The employer shall ensure that when the gin pole is designed, consideration shall be given to the possibility of personnel climbing the pole to perform rigging functions and for tie off points to accommodate fall protection equipment.

(c) The rooster head which is located at the top of the gin pole shall meet the following requirements:

(i) The side plates shall have bolts or pins with spacers around the sheave so the load line is held in place and side plate distance is controlled.

(ii) Sheave diameter and groove shall be designed for the load line size intended.

(iii) The distance between the sheave edge and the side plate shall not exceed 25 percent of load line diameter.

(d) Tracks used to guide and support gin poles during the jumping process shall not be used as a bridle or mid-level support unless specifically designed for such use.

(e) The load line is used to raise and lower the intended load. The load line shall leave the hoist at ground level, go through a block at the base of the tower, then up through the middle of the pole, through the rooster head and back down to the ground to pick up the intended load.

(f) A gin pole chart shall be provided for each pole. Gin pole charts shall contain all of the following information as a minimum:

(i) Identification number or other reference.

(ii) Gin pole description.

(iii) Safe lifting capacities (gross load) based on cantilever projection (La), overall gin pole length (L), and type of tag.

(iv) Reaction forces at gin pole attachment points.

(v) A table to convert degrees to a field measurement.

(vi) A warning that the load chart is for lifting loads and to reduce the safe lifting capacity by 1/2 when lifting personnel.

(g) All lifts shall be within the ratings allowed in the "Load Chart." Any lift or lifting to be allowed on a special basis, which is outside of the "Load Chart", shall only be allowed at the direction of a professional engineer. Special monitoring and measuring conditions, as specified by the engineer, shall be provided and used in the field during all "Special Engineered Lifts."

(h) Markings for gin poles shall be as follows:

(i) Each gin pole shall be permanently marked with an identification number that references a specific load chart.

(ii) For proper assembly, each section and leg of the gin pole shall be marked in a specified sequence.

(i) The designer/engineer specified straightness tolerances shall be used for inspection. Minimum inspection criteria for gin poles shall be as follows:

(i) A detailed documented inspection annually or within 1 year prior to being placed in service.

(ii) A general visual inspection during assembly prior to use on a specific project.

(iii) After any abnormal occurrence.

(j) Rigging equipment for the gin pole shall comply with all of the following:

(i) Wire rope, slings, chains, shackles, turnbuckles, links, hooks, sheaves, rotating rooster heads, blocks, and hoists, used in a gin pole lifting arrangement shall meet the manufacturer's safe working load limits. In addition, each component shall have a nominal breaking strength of not less than 5 times the static load applied.

Consideration for end fitting losses and actual positioning of connecting parts shall be given.

(ii) Lugs or other devices for lifting or attaching the gin pole in position shall be designed with load and resistance factors appropriate for their intended use.

(iii) Only alloy chains marked by the manufacturer with an 8, T, or A, rated for lifting, shall be used.

(iv) Only quenched and tempered hooks and shackles shall be used. The manufacturer's load rating shall be stamped on the product.

(v) The breaking strength of the sheave shall equal or exceed the breaking strength of the wire rope intended for the sheave.

(k) Gin pole use shall comply with the following:

(i) A user's gin pole load chart shall be provided for each pole.

(ii) Any special engineered lift that is outside of the load chart shall only be allowed at the direction of a licensed professional engineer. Monitoring and measuring conditions, as specified by a licensed professional engineer, shall be provided and used during all special engineered lifts.

(iii) Modifications or repairs of a gin pole shall be made with like or similar materials to meet or exceed the original specifications. Modifications or repairs shall be recertified by a licensed professional engineer.

(iv) A mechanism shall be in place to prevent the gin pole from tipping during the jumping process.

(l) Wire rope used for rigging shall be as follows:

(i) Compatible with the sheaves of the rooster head and hoisting blocks.

(ii) Lubricated in accordance to manufacturer specifications to prevent corrosion and wear.

(iii) End connections shall be terminated per industry and manufacturer's specifications.

(iv) Wedge sockets shall have a minimum tail length of 1 rope lay with a properly torqued clip attached to prevent accidental disengagement.

(v) Only manufactured Flemish eyes will be acceptable.

(m) The employer shall ensure that gin pole inspections include all of the following:

(i) Gin poles shall have a documented inspection annually by a qualified person.

(ii) In addition to the annual inspection, the employer shall designate a competent person who shall visually inspect the gin pole and rigging prior to each use, and during use, to ensure it is in safe operating condition. Any deficiencies shall be repaired before use continues.

(iii) During each inspection, a qualified person or a competent person shall do all of the following:

(A) Inspect the legs and bracing members for bends or distortion.

(B) Inspect the straightness tolerances for the overall assembly (including leg and bracing members).

(C) Visually inspect the welds for quality, deformation, cracks, rust, pitting, or loss of cross sectional area.

(D) Inspect the members for excessive rust, pitting, or loss of cross sectional area.

(E) Inspect the sling attachment points for distortion, wear, cracks, and rust.

(F) Ensure that proper bolts are utilized and all associated hardware is in good condition.

(G) Inspect side plates on rooster heads for distortion or other damage.

(H) Inspect all attachment hardware, including rigging and parts such as cables, slings, and sling attachment points, shackles, hooks, and sockets for wear, distortion, cracks, and rust.

(I) Ensure that all problems identified during the inspection are corrected before placing the gin pole into service.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42934 Personnel lifting {#sec-r-408.42934 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42934}

Rule 2934. (1) Before an employee may perform any job related to hoisting employees aloft for work, the employee shall receive training on safe access pursuant to these rules. The operator of the hoist shall have a thorough understanding and comply with subrules (2) to (9) of this rule pertaining to hoisting employees on the hoist line.

(2) An anti-two block device shall be used on all hoists, except where an employer can demonstrate that ambient radiation frequency (RF) precludes that use. In such case, a site-specific rigging plan shall be established and maintained on-site to ensure that two blocking cannot occur and that effective communication between the hoist operator and personnel being hoisted is maintained. This plan may include a cable marking system, an employee situated on the tower in a position to observe the top block, or any other system that will adequately ensure communication. All of the following shall apply:

(a) A qualified person shall make the following determinations:

(i) The rigging, hoist line, and slings shall have a factor of safety of 10:1 against failure during personnel lifts.

(ii) The hoist line used to raise or lower employees must be wire rope and may be equipped with a swivel to prevent any rotation of the employees.

(iii) If a swivel is not used, then an alternate means shall be used to keep the employees under control at all times.

(iv) If spin resistant wire rope is used, additional and more frequent inspections are required due to different wear trends.

(b) When hoisting personnel (versus material), the hoist capacity load rating shall be de-rated by a factor of 2 (reduced by 1/2) and must maintain a 10:1 factor of safety after the reduction is considered. All employees shall be provided with and required to use the proper personal protective equipment (including fall protection equipment) that shall be inspected before each day before use.

(c) Except where the employer can demonstrate that specific circumstances or conditions preclude its use, a guide line (tag line) shall be used to prevent the employees or the platform from contacting the tower during hoisting.

(d) The gin pole shall be thoroughly inspected before use by a competent person to determine that it is free from defects, including but not limited to, damaged and/or missing members, corrosive damage, missing fasteners and cracked or broken welds at joints, and general deterioration.

(e) The gin pole shall be attached to the tower as designed by a registered professional engineer. There shall be a minimum of 2 attachment locations at the bottom of the gin pole and near the top of the tower or the highest position available on the structure.

(f) The personnel load capacity and material capacity of the lifting system in use shall be posted at the site near the location of the hoist operator. If the system is changed (for example, if the gin pole angle is changed), the posted capacity shall be changed accordingly.

(g) In situations where a gin pole is not being used on a communication tower and similar structures, a crown block may be used on the structure instead of a gin pole for access to the work location.

(3) A trial lift of the maximum intended personnel load shall be made from ground level to the location to which personnel are to be hoisted.

(a) The trial lift shall be made immediately prior to placing personnel on the hoist line.

(b) The hoist operator shall determine that all systems, controls, and safety devices are activated and functioning properly.

(c) A single trial lift may be performed for all locations that are to be reached from a single set-up position.

(d) The hoist operator shall determine that no interference exists and that all configurations necessary to reach those work locations remain under the limit of the hoist's rated capacity and additionally maintain a 10:1 factor of safety against failure.

(e) The trial lift shall be repeated prior to hoisting employees whenever the hoist is moved and set up in a new location or returned to a previously used position.

(f) After the trial lift, employees shall not be lifted unless the following conditions are met:

(i) Hoist wire ropes are determined to be free of damage in accordance with the provisions of construction safety standard part 10. lifting and digging equipment, R 408.41001a to R 408.41099a.

(ii) Multiple part lines are not twisted around each other.

(iii) The proof testing requirements have been satisfied.

(g) If the hoist wire rope is slack, the hoisting system shall be inspected to ensure that all wire ropes are properly seated on drums and in sheaves.

(h) A visual inspection of the hoist, rigging, base support, and foundation shall be made by a competent person immediately after the trial lift to determine whether testing has exposed any defect or adverse effect upon any component of the structure.

(i) Any defects found during the inspection that may create a safety hazard shall be corrected and another trial lift shall be performed before hoisting personnel.

(ii) Prior to hoisting employees and after any repair or modification, the system shall be proof tested to its rated load, holding it in a suspended position for 5 minutes with the test load evenly distributed (this may be done concurrently with the trial lift).

(iii) After proof testing, a competent person shall inspect the rigging. Any deficiencies found shall be corrected and another proof test shall be conducted.

(4) A pre-lift meeting shall be held before the trial lift at each location and each time a new employee is assigned to the operation. The pre-lift meeting shall meet both of the following requirements:

(a) The hoist operator, each employee to be lifted, and the crew chief shall attend.

(b) The hoist operator shall review the procedures to be followed and all appropriate requirements contained in this rule with the other individuals present.

(5) The employer shall ensure that all trial lifts, inspections, and proof tests shall be performed and documented, and the documentation shall remain on site during the entire length of the project. The employer shall ensure that the pre-lift meeting is documented, and the documentation shall remain on site during the entire length of the project.

(6) Employees shall be hoisted to their work stations by using a personnel platform or by using a boatswain chair and/or boatswain seat-type full body type harness.

(a) When a boatswain chair or boatswain seat-type full body harness is used to hoist employees, the following shall apply:

(i) Not more than 2 employees may be hoisted at a time.

(ii) When hoisting an employee in a boatswain type full body harness, the harness shall be attached to the hoist wire rope line in such a manner as to utilize the boatswain seat part of the harness, placing the employee into a sitting position and a fall arrest lanyard must be attached from the back D ring of the full body harness to a separate attachment point.

(iii) Only locking-type snap hooks shall be used.

(iv) The harness shall be equipped with 2 side rings and at least 1 front and 1 back D ring.

(v) The hoist line hook shall be equipped with a safety latch that can be locked in a closed position to prevent loss of contact.

(vi) Employees must maintain 100% tie-off while moving between the hoist line and the tower.

(b) When a personnel platform is used, the following provisions must be followed:

(i) The maximum rate of travel shall not exceed 200 feet per minute when a tag or trolley line is used to control personnel hoists. When a tag or trolley line cannot be used, the rate of travel of the employee being hoisted shall not exceed 100 feet per minute.

(ii) In all personnel hoist situations, the maximum rate shall not exceed 50 feet per minute when personnel being lifted approaches to within 50 feet of the top block.

(iii) The use of free-spooling (friction lowering) is prohibited. When the hoist line is being used to raise or lower employees, there shall be no other load attached to any hoist line and no other load shall be raised or lowered at the same time on the same hoist.

(iv) As-built drawings approved by a registered professional engineer shall provide the lifting capacity of the gin pole and shall be available at the job site.

(v) The gin pole raising line shall not be used to raise or lower employees unless it is rated for lifting employees.

(vi) Employees must maintain 100% tie-off while moving between the personnel platform and the tower.

(7) Employees being hoisted shall remain in continuous sight of and/or in direct communication with the operator or signal person. The following shall apply:

(a) In those situations where direct visual contact with the operator is not possible and the use of a signal person would create a greater hazard for the person being hoisted, direct communication alone, such as by radio, shall be used.

(b) When radios are used, they shall be non-trunked closed 2-way selective frequency radio systems. When hand signals are used, the employees must use industry standardized hand signals.

(8) Employees shall not be hoisted during adverse weather conditions (high winds, electrical storms, snow, ice, or sleet) or other impending danger, except in the case of emergency employee rescue. The competent person shall make the determination.

(9) The hoist system (gin pole and its base hoists) used to raise and lower employees on the hoist line, shall not be used unless the following clearance distances are maintained at all times during the lift:

Power line voltage phase to phase (kV) Minimum safe clearance (feet) 50 or below 10 Above 50 to 200 15 Above 200 to 350 20 Above 350 to 500 25 Above 500 to 750 35 Above 750 to 1,000 45

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42937 Hoists used for personnel lifting {#sec-r-408.42937 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42937}

Rule 2937. (1) The employer shall ensure that the following requirements used for personnel lifting are met:

(a) The hoist used for personnel lifting shall meet the applicable requirements for design, construction, installation, testing, inspection, maintenance, modification, repair, and operations as prescribed by the manufacturer.

(b) Where manufacturers' specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a registered professional engineer.

(c) The hoist shall be positioned so that it is level and the distance between the drum and the foot block at the base of the tower will allow proper spooling of wire rope. The foot block shall be anchored to prevent displacement and be supported to maintain proper alignment.

(d) The hoist shall be designed to lift materials and personnel with the same drum or drums. Any hoist that has been modified or repaired must be load tested to its rated capacity.

(e) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be conspicuously posted on all hoists.

(f) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, or other rotating parts, where exposed, shall be properly guarded.

(g) Personnel load capacity for the current configuration of the gin pole shall be on site and available to the hoist operator.

(h) The hoist shall have an hour meter and a line speed indicator if the unit line speed has the ability to exceed 200 feet per minute. The hoist shall be designed for and must use powered lowering.

(i) The alignment of hoist components shall be maintained within manufacturer's specified limits that prevent premature deterioration of gear teeth, bearings, splines, bushings, and any other parts of the hoist mechanism.

(j) All exhaust pipes shall be guarded where exposed. An accessible fire extinguisher of 5BC rating or higher shall be available at the operator's station.

(k) The hoist shall be serviced and maintained per the manufacturer's or a professional engineer's recommendations.

(l) The operating manual developed by the manufacturer for the specific make and model hoist being used shall be maintained at the site at all times.

(m) A hoist log book shall be used to record all hoist inspections, tests, maintenance, and repair. The log shall be updated daily as the hoist is being used and shall be signed by the operator and/or crew chief. Service mechanics shall sign the log after conducting maintenance and repair. The log shall be maintained at the site.

(2) The hoist shall be installed following the manufacturer's mounting procedures according to the following:

(a) To prevent excessive distortion of the hoist base as it is attached to the mounting surface.

(b) Flatness of the mounting surface shall be held to tolerances specified by the hoist manufacturer.

(c) The hoist placement shall have a minimum resistance of at least 2 times the intended load on the job. Anchoring may be necessary to achieve the necessary resistance or to keep the hoist from twisting or turning.

(d) If the hoist is mounted to a truck chassis, it must be properly aligned and all wheels chocked. The hoist placement shall have a minimum resistance of at least 2 times the intended load on the job. Anchoring may be necessary to achieve the necessary resistance or to keep the hoist from twisting or turning.

(3) The hoist drum shall be designed to raise and lower 125% of the rated load of the hoist. All of the following shall apply:

(a) The hoist drum shall have a positive means of attaching the wire rope to the drum.

(b) There shall at all times be at least 3 full wraps of wire rope on the hoist drum when personnel are being hoisted.

(c) During operation, the flange shall be 2 times the wire rope diameter higher than the top layer of wire rope at all times.

(4) Brakes and clutches shall be capable of arresting any over-speed descent of the load. All of the following shall apply:

(a) The hoist shall be provided with a primary brake and at least 1 independent secondary brake, each capable of stopping and holding 125% of the lifting or lowering capacity of the hoist. All of the following shall apply:

(i) The primary brake shall be directly connected to the drive train of the hoisting machine and shall not be connected through belts, chains, clutches, or screw-type devices.

(ii) The secondary brake shall be an automatic emergency-type brake that, if actuated during each stopping cycle, shall not engage before the hoist is stopped by the primary brake. When a secondary brake is actuated, it shall stop and hold the load in a controlled manner that will not induce shock loading.

(b) Brakes and clutches shall be adjusted, where necessary, to compensate for wear and to maintain adequate force on springs where used. Powered lowering must be used.

(c) When power brakes, having no continuous mechanical linkage between the actuating and braking mechanism, are used for controlling loads, an automatic means shall be provided to set the brake to prevent the load from falling in the event of loss of brake actuating power.

(d) Static brakes shall be provided to prevent the drum from rotating in the lowering direction and shall be capable of holding the rated load indefinitely without attention from the operator. Brakes shall be automatically applied upon return of the control lever to its center (neutral) position.

(e) Brakes applied on stopped hoist drums shall have sufficient impact capacity to hold 1.5 times the rated torque of the hoist.

(5) Power plant controls shall be within easy reach of the operator and shall include a means to start and stop, control speed of internal combustion engines, stop prime mover under emergency conditions, and shift selective transmissions. All of the following shall apply:

(a) All controls used during the normal operation of the hoist shall be located within easy reach of the operator at the operator's station.

(b) Controls shall be clearly marked (or be part of a control arrangement diagram) and easily visible from the operator's station. Foot-operated pedals, where provided, shall be constructed and maintained so the operator's feet will not readily slip off and the force necessary to move the pedals can be easily applied.

(c) The controls shall be self-centering controls, for example, "deadman" type, that will return the machine to neutral and engage the drum brakes if the control lever is released.

(6) All wire rope and rigging shall be inspected daily before use. Both of the following shall apply:

(a) All eyes in wire rope slings shall be fabricated with thimbles.

(b) All eyes in wire rope shall be assembled by a qualified person.

(7) The hoist operator shall have classroom training, a minimum of 40 hours experience as a hoist operator, not less than 8 hours experience in the operation of the specified hoist or 1 of the same type, and demonstrated the ability to safely operate the hoist. All of the following shall apply:

(a) The operator shall not operate a hoist when physically or mentally unfit.

(b) The hoist operator shall be responsible for those operations under his/her direct control.

(c) If there is any doubt as to safety, the operator shall have the authority to stop and refuse to handle the load until safety has been assured.

(d) The hoist operator shall remain at the controls at all times when personnel are on the hoist line.

(e) Before starting the hoist, the operator shall ensure the following:

(i) The daily inspection has been conducted.

(ii) All controls are in the "off" position.

(iii) All personnel are in the clear.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42940 Personnel lifting hoist inspections {#sec-r-408.42940 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42940}

Rule 2940. The employer shall ensure that each day before use, a competent person visually inspects all hoists to verify that the following conditions are met:

(a) The manufacturer's guidelines and recommendations are used; however, when not available, the following minimum guidelines shall be used:

(i) A competent person, knowledgeable of hoists, shall complete inspections.

(ii) All repair and inspection records shall be available and accessible for a minimum of 2 years.

(iii) A tear down inspection record shall be available until the next teardown inspection is completed.

(iv) Any hoist that has been idle for a period of over 6 months shall be given an annual inspection.

(v) Any hoist that has an unknown history of repair or maintenance shall have a tear down inspection.

(b) The inspection criteria for a gear and hydraulic oil sample analysis is to evaluate the properties of the oil. The general guidelines are the following:

(i) Hydraulic oil shall conform to ISO standard 4406, hydraulic fluid power-fluids--method for coding the level of contamination by solid particles, second edition, December 1999, for cleanliness level of 18/16/14.

(ii) Gear oil shall conform to the following gear contaminate guideline:

(A) 100 to 500 ppm normal.

(B) 501 to 800 ppm caution.

(C) 801 and up ppm unacceptable.

(c) A daily inspection shall be performed, which shall include, at a minimum, all of the following:

(i) Engine oil level shall be checked.

(ii) Engine coolant levels shall be checked.

(iii) Check for external oil leaks.

(iv) Hydraulic oil reservoir level shall be checked.

(v) All safety devices and brakes shall be checked to ensure they function properly.

(vi) A visual inspection shall be conducted for loose or missing structural connections.

(d) A semi-annual inspection shall be performed, which shall include, at a minimum, all of the following:

(i) Engine oil level shall be checked.

(ii) Winch oil level shall be checked.

(iii) Engine coolant levels shall be checked.

(iv) System shall be checked for external oil leaks.

(v) Hydraulic oil reservoir level shall be checked.

(vi) All safety devices and brakes shall be tested to ensure they are functioning properly.

(vii) A visual inspection shall be conducted for loose or missing structural connections.

(viii) A complete oil analysis shall be conducted.

(ix) The winch assembly shall be dynamically tested in both the hoisting and lowering directions while under a load of at least 30% of the hoist lifting capacity.

(x) The inspection shall be documented in writing and maintained for 2 years.

(e) An annual inspection shall be performed, which shall include, at a minimum, all of the following:

(i) Engine oil levels shall be checked.

(ii) Winch oil levels shall be checked.

(iii) Engine coolant levels shall be checked.

(iv) System shall be checked for external oil leaks.

(v) Hydraulic oil reservoir level shall be checked.

(vi) All safety devices and brakes shall be tested to assure they are functioning properly.

(vii) A visual inspection shall be conducted for loose or missing structural connections.

(viii) A complete hydraulic and gear oil analysis shall be conducted.

(ix) The winch assembly shall be dynamically tested in both the hoisting and lowering directions while under a load of at least 30% of the hoist lifting capacity.

(x) Lubricating oil in the hoist drum shall be changed after testing.

(xi) Hydraulic fluid and filter shall be changed after testing.

(xii) The annual inspection shall be documented and maintained for 2 years.

(f) Teardown inspection of the winch assembly shall be performed by a qualified person. The following shall apply:

(i) A teardown inspection shall include the hoist being completely disassembled; cleaned and inspected; and replacement of all worn, cracked, corroded, or distorted parts such as pins, bearings, shafts, gears, brake rotors, brake plates, drum, and/or base.

(ii) After a teardown inspection, a certificate shall be issued by the inspector/service person effective of the date the hoist is placed back in service. The tag shall identify the hoist mechanism, the inspector, and date of the inspection.

(g) Winch assemblies that adhere to the required daily, monthly, semi annually, and yearly inspection criteria, shall conform to the following teardown inspection time frame:

(i) Severe duty (applies to those winch assemblies that are used more than 125 hours a month at or near the rated capacity of the hoist) is every 3 years.

(ii) Moderate duty (applies to those winch assemblies that are used 50 to 125 hours per month and normally operate at considerably less than the winch assembly rated capacity) is every 5 years.

(iii) Infrequent use (applies to those winch assemblies that are used for 50 hours or less per month and normally operate less than the winch assembly rated capacity) is every 7 years.

(h) Winch assemblies that do not adhere to the inspection criteria in subdivision (g) of this subrule, shall have a tear down inspection every 3 years.

(i) During any inspection, items found that may affect the performance of the unit must be repaired before use.

(j) Documentation of the inspection shall include, but not be limited to, winch model and serial number, name and employer of repair/inspection technician, date and description of findings, parts replaced, and test results.

History

• History: 2009 AACS.

Mich. Admin. Code R 408.42943 Gin poles used for personnel lifting {#sec-r-408.42943 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.42943}

Rule 2943. The employer shall ensure that gin poles shall meet the following requirements when used for personnel lifting:

(a) A gin pole used for personnel lifting shall meet the applicable requirements for design, construction, installation, testing, inspection, maintenance, modification, repair, and operations as referenced in the ANSI/TIA-1019 2004 Structural Standards for Steel Gin Poles Used for Installation of Antenna Towers and Antenna Supporting Structures or as prescribed by a professional engineer.

(b) The following safe working load limits shall be applied for gin pole lifts:

(i) Wire rope, sheaves, rotating rooster heads, blocks, etc., used in the gin pole lifting process shall meet the manufacturer's safe working load limits. In addition, and for clarification, each component shall have a nominal breaking strength of no less than 5 times the static load applied. Adequate consideration for inefficiencies such as end fitting losses, D/d ratios, frictional losses, etc., shall be considered. "D" is the diameter of the sheave and "d" is the diameter of the wire rope passing through the sheave.

(ii) Wire rope slings, chains, shackles, turnbuckles, links, hooks, etc. used to attach the gin pole to the tower and/or to attach loads to lifting or tagging lines shall not exceed the manufacturer's safe working load limits. In addition, each individual component, as well as an attachment assembly, shall have a nominal breaking strength of not less than 5 times the static load applied. End fitting losses and actual positioning of connecting parts shall be taken into consideration.

(iii) Lugs or other devices for lifting or attaching the gin pole in position shall be, at a minimum, designed for the combination of all loads to be applied to the gin pole.

(iv) The load factors and factors of safety referenced in this standard are for lifting of loads only. If personnel are to be lifted by a gin pole and its associated equipment, then the complete unit capacity shall be reduced by 1/2.

(c) All rigging equipment (cables, slings, shackles, hooks, sockets, and similar equipment) shall be inspected before each use. Defective equipment shall be removed from service.

(d) Wire rope used for rigging shall be as follows:

(i) Have a steel wire rope core.

(ii) The sheave grooves in the rooster head and hoisting blocks shall be compatible with the size of wire rope being used.

(iii) The sheave and block diameter shall be of the proper size as referenced by the wire rope manufacturer with a minimum D/d ratio of 18:1. A less than 18:1 D/d ratio may be used if the proper reduction in capacity caused by the reduced diameter is taken into account and a 10:1 safety factor is maintained following the reduction.

(e) End connections shall be terminated per industry and manufacturer specification according to the following:

(i) Wedge sockets have a minimum tail length of 1 rope lay with a properly torqued clip attached to prevent accidental disengagement.

(ii) Only manufactured Flemish eyes will be acceptable.

(iii) Basket slings shall have heavy-duty thimbles in the eyes. An appropriate percentage of strength reduction for wire ropes shall be taken into consideration based upon the end connection type.

(f) Only alloy chains marked with an 8, T, or A, rated for lifting shall be used.

(g) Only quenched and tempered hooks, shackles, and similar equipment shall be used. The manufacturer's load rating shall be stamped on the product.

(h) A gin pole chart shall be provided for each pole and shall contain the following information at a minimum:

(i) Identification number or other reference.

(ii) Gin pole description.

(iii) Overall gin pole length (L).

(iv) Lifting capacities based on gross load.

(v) Cantilever projection (La) of 20%, 30%, and 40% of the gin pole length.

(vi) Supported by a structure at the bridle and at the basket.

(vii) Load line through the pole not held from horizontal movement (consider as unrestrained).

(viii) Chart minimum load line angle " " in Figure 7.1, which is the same as cmin noted in Figure 7.3.

(ix) Type of tag being used.

(x) Straight tag or trolley line angle at grade, alpha ( ), at 60 degrees from the horizontal.

(xi) Trolley tag line angle, gamma ( ), attached at pole, usually taken at 2 degrees greater than load line angle.

(xii) A 30 mph effective wind speed at the elevation of the gin pole.

(xiii) Reaction forces at gin pole attachment points.

(xiv) A table to convert degrees to a field measurement (Figure 7.2).

(xv) A warning that the load chart is for lifting loads and instructions to reduce the calculated allowable lifting capacity by 1/2 (50%) when lifting personnel.

Figures 7.1, 7.2, and 7.3 are from the ANSI/TIA-1019 2004 structural standards for steel gin poles used for installation of antenna towers and antenna supporting structures as adopted by reference in R 408.42904.

History

• History: 2009 AACS.

R 408.43001 to R 408.43006 Part 30. Telecommunications for Construction

Mich. Admin. Code R 408.43001 Adoption of standards by reference {#sec-r-408.43001 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43001}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 30. TELECOMMUNICATIONS FOR CONSTRUCTION

Rule 3001. (1) The federal Occupational Safety and Health Administration (OSHA)

regulation 29 CFR 1910.268 “Telecommunications,” as amended November 18, 2016, is adopted by reference in these rules, except as noted in this rule.

(2) The subrules 29 CFR 1910.268(a)(2)(i) and (a)(3) are excepted.

(3) The words “for purposes of 29 CFR 1910.34,” as used in 29 CFR 1910.268(b)(1)(iii), are excepted.

(4) A reference to § 1910.110 “Storage and handling of liquefied petroleum gases,” means General Industry Safety Standard Part 56. “Storage and Handling of Liquefied Petroleum Gases,” as referenced in R 408.43006.

(5) A reference to the “Assistant Secretary for Occupational Safety and Health” means the director of the department of licensing and regulatory affairs.

(6) A reference to § 1910.137, “Electrical protective devices,” means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” as referenced in R 408.43006.

(7) A reference to "subpart D” means General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” as referenced in R 408.43006.

(8) A reference to § 1910.25(c)(5) means R 408.43004 “Trolley and side-rolling ladders.”

(9) A reference to § 1910.133 means Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” as referenced in R 408.43006.

(10) A reference to "subpart Q” means Construction Safety Standard Part 7.

“Welding and Cutting,” as referenced in R 408.43006.

(11) A reference to "subpart W of part 1926” means Construction Safety Standard Part 13. “Mobile Equipment,” as referenced in R 408.43006.

(12) A reference to § 1910.97, means Occupational Health Standard Part 382.

“Nonionizing Radiation,” as referenced in R 408.43006.

(13) American National Standards Institute Standard ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Devices,” 1969 edition, which is referenced in 29 CFR 1910.268, which is adopted by reference in these rules.

(14) A reference to American National Standards Institute Standard ANSI B30.6 “Safety Code for Derricks,” 1969 edition, means American Society of Mechanical Engineers Standard ASME B30.6 “Safety Code for Derricks,” 1969 edition, which is adopted by reference in these rules.

(15) A reference to ANSI Z89.2 “Industrial Protective Helmets for Electrical Workers,” 1971 edition, which is referenced in 29 CFR 1910.268, is adopted by reference in these rules.

(16) A reference to American Society for Testing and Materials Standard ASTM B117, "Standard Practice for Operating Salt Spray (Fog) Apparatus,” 1964 edition, which is referenced in 29 CFR 1910.268, is adopted by reference in these rules.

(17) A reference to ANSI J6.6 - 1971 edition, means ASTM D120 “Standard Specification for Rubber Insulating Gloves,” 1977 edition, which is adopted by reference in these rules.

(18) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1979 AC; 2005 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 408.43002 Applicability {#sec-r-408.43002 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43002}

Rule 3002. Operations or conditions not specifically covered by these rules are subject to all the applicable standards promulgated by the Michigan occupational safety and health act (MIOSHA).

History

• History: 1979 AC; 2005 AACS; 2013 AACS; 2017 AACS.

Mich. Admin. Code R 408.43003 Rescinded {#sec-r-408.43003 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43003}

History

• History: 1979 AC; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 408.43004 Trolley and side-rolling ladders {#sec-r-408.43004 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43004}

Rule 3004. Trolley ladders and side-rolling ladders longer than 20 feet shall not be supplied.

History

• History: 1979 AC; AACS; 2013 AACS.

Mich. Admin. Code R 408.43005 Employer responsibility {#sec-r-408.43005 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43005}

Rule 3005. Where personal protective equipment is required by 29 C.F.R. §1910.268 “Telecommunications,” as adopted in these rules, the personal protective equipment shall be provided as prescribed in Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.43006.

History

• History: 1979 AC; 2005 AACS; 2017 AACS.

Mich. Admin. Code R 408.43006 Availability of documents {#sec-r-408.43006 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43006}

Rule 3006. (1) The federal regulation 29 CFR 1910.268 “Telecommunications,” as amended November 18, 2016, as adopted in these rules is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The following standards adopted by reference in these rules are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179, web-site: www.global.ihs.com, at a cost as of the time of adoption of these rules, as stated in this rule:

(a) ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Devices,” 1969 edition.

Cost: $20.00.

(b) ANSI B30.6 “Safety Code for Derricks,” 1969 edition. Cost: $40.00.

(c) ANSI Z89.2 “Industrial Protective Helmets for Electrical Workers,” 1971 edition. Cost: $25.00.

(d) ASTM B117, "Standard Practice for Operating Salt Spray (Fog) Apparatus,” 1964 edition. Cost: $40.00.

(e) ASTM D120, “Standard Specification for Rubber Insulating Gloves,” 1977 edition. Cost: $54.00.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(5) The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,” R 408.40601 to R 408.40660.

(b) Construction Safety Standard Part 7. “Welding and Cutting,” R 408.40701 to R 408.40762.

(c) Construction Safety Standard Part 13. “Mobile Equipment,” R 408.41301.

(d) General Industry Safety and Health Standard Part 2. “Walking-Working Surfaces,” R 408.10201 to R 408.10241.

(e) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

(f) General Industry Safety Standard Part 56. “Storage and Handling of Liquefied Petroleum Gases,” R 408.15601.

(g) Occupational Health Standard Part 382. “Nonionizing Radiation,” R 325.60701 to R 325.60704.

History

• History: 2005 AACS; 2013 AACS; 2017 AACS; 2019 AACS.

R 408.43201 to R 408.43220 Part 32. Aerial Work Platforms

Mich. Admin. Code R 408.43201 Scope {#sec-r-408.43201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43201}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 32. AERIAL WORK PLATFORMS

Rule 3201. These rules apply to the construction, operation, maintenance, and inspection of aerial work platforms with either manual or powered mobility as used in construction operations as defined by 1974 PA 154, MCL 408.1001 to MCL 408.1094.

History

• History: 1992 AACS; 2008 AACS.

Mich. Admin. Code R 408.43202 Equipment covered {#sec-r-408.43202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43202}

Rule 3202. (1) These rules apply to equipment that has a primary function of elevating personnel, together with their tools and necessary materials, on a platform, which is mechanically positioned. The units covered are described by the following American national standards institute standards:

(a) ANSI standard A92.2, 2002 edition, "Vehicle-Mounted Elevating and Rotating Aerial Devices," which is adopted by reference in R 408.43204a. This standard applies to vehicle-mounted devices installed on commercial chassis and covers the following type of units (See figure 1):

(i) Extensible boom aerial devices.

(ii) Aerial ladders.

(iii) Articulating boom aerial devices.

(iv) Vertical towers.

(v) A combination of any of the equipment specified in paragraphs (i) to (iv) of this subdivision.

(b) ANSI standard A92.3, 2006 edition, "Manually Propelled Elevating Aerial Platforms," which is adopted by reference in R 408.43204a. This standard applies to work platforms which are manually propelled, which are vertically adjustable by manual or powered means, and which may be towed or manually moved horizontally on wheels or casters that are an integral part of the work platform base. (See figure 2).

(c) ANSI standard A92.5, 2006 edition, "Boom-Supported Elevating Work Platforms," which is adopted by reference in R 408.43204a. This standard applies to all integral frame, boom-supported elevating work platforms which telescope, articulate, rotate, or extend beyond the base dimensions. (See figure 3).

(d) ANSI standard A92.6, 1999 edition, "Self-Propelled Elevating Work Platforms," which is adopted by reference in R 408.43204a. This standard applies to self-propelled vertically adjustable integral chassis work platforms. Such work platforms are power-operated with primary controls for all movement operated from the platform. (See figure 4).

(2) Equipment adapted to elevating personnel with a primary function other than elevating personnel, such as fork trucks or cranes, are not covered by these rules. Those types of equipment are provided for in construction safety standards Part 10. "Lifting and Digging Equipment," R 408.41001a to R 408.41099a and Part 13. "Mobile Equipment," R 408.101301.

Exception: If the above-adapted equipment is equipped with controls that can be operated from the platform, then the requirements of R 408.43205 to R 408.43216 shall apply.

History

• History: 1992 AACS; 1998-2000 AACS; 2008 AACS.

Mich. Admin. Code R 408.43203 Rescinded {#sec-r-408.43203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43203}

History

• History: 1992 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.43204 Definitions {#sec-r-408.43204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43204}

Rule 3204. (1) "Aerial device" or "aerial work platform" means an entire device that is designed and manufactured to raise personnel to an elevated work position on a platform supported by scissors, masts, or booms.

(2) "Aerial ladder" means an aerial device that consists of a single- or multiple- section rung ladder.

(3) "Articulating boom" means an aerial device that has two 2 or more hinged boom sections.

(4) "Authorized person" means a person who is approved and assigned to perform specific types of duties by the employer and who is qualified to perform those duties because of his or her training or experience.

(5) "Commercial chassis" means a vehicle that is built for over-the-road (roadway) travel.

(6) "Exposed power line" means a power line that is not isolated or guarded.

(7) "Extensible boom" means an aerial device, except for the aerial ladder-type, that has a telescopic boom.

(8) "Insulated aerial device" means an aerial work platform that is designed with dielectric components to meet specific electrical insulating ratings.

(9) "Mechanically positioned" means that the elevating assembly, whether a mechanical (cable or chain), hydraulic, pneumatic, electric or other powered mechanism, is used to raise or lower the platform.

(10) "Platform" means the portion of an aerial work platform, such as a bucket, basket, stand, cage, or the equivalent, that is designed to be occupied by personnel.

(11) "Power Line" means a distribution or transmission electrical line.

(12) "Qualified person" means a person who possesses a recognized degree, certificate, professional standing, or skill and who, by knowledge, training, and experience, has demonstrated the ability to deal with problems relating to the subject matter, the work, or the project.

(13) "Qualified telecommunications employee" means an employee trained to work on communication lines in the proximity of energized power transmission and distribution lines.

(14) "Vehicle" means any carrier that is not manually propelled.

(15) "Vehicle-mounted elevating and rotating work platform" means an aerial device or aerial work platform.

(16) "Vertical tower" means an aerial device that is designed to operate vertically on a level surface.

History

• History: 1992 AACS; 2008 AACS.

Mich. Admin. Code R 408.43204a Adopted and referenced standards {#sec-r-408.43204a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43204a}

Rule 3204a. (1) The standards specified in this rule, except for the standards specified in subrule (2) of this rule, are adopted by reference.

(a) The following American National Standard Institute (ANSI) standards are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: http://global.ihs.com; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(i) ANSI A92.3, "Manually Propelled Elevating Aerial Platforms," 2006 edition.

Cost: $68.00.

(ii) ANSI A92.5, "Boom-Supported Elevating Work Platforms," 2006 edition. Cost: $68.00.

(b) The following ANSI standards are available from the Scaffold and Access Industry Association, 400 W. Admiral Blvd., Kansas City, Missouri, 64106, USA, telephone number: 1-816-595-4860 or via the internet at website: www.shop.saiaonline.org; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(i) ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Aerial Devices,” 2001 edition. Cost: $45.00 (ii) ANSI A92.6, "Self-Propelled Elevating Work Platforms,” 1999 edition. Cost: $45.00 (c) The “Manual on Uniform Traffic Control Devices, Part 6: Temporary Traffic Control,” 2011 Michigan/2009 Federal Edition is available at no cost from the Michigan Department of Transportation via the Internet at website: www.michigan.gov/mdot. The entire 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD) may be purchased from the Michigan Department of Transportation, Cashiers Office, P.O. Box 30648, Lansing, Michigan 48909-8148; (517) 322-1676; at a cost of $145.00 as of the time of adoption of these rules.

(d) The standards adopted in subrule 1(a) to (c) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(e) Copies of the standards adopted in subrule 1(a) to (c) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in subrule 1(a) to (c), of this rule, plus $20 for shipping and handling.

(2) The following Michigan Occupational Safety and Health Standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at web-site: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 6. Personal Protective Equipment, R 408.40601 to R 408.40641.

(b) Construction Safety Standard Part 10. Lifting and Digging Equipment, R 408.41001a to R 408.41099a.

(c) Construction Safety Standard Part 13. Mobile Equipment, R 408.101301.

(d) Construction Safety Standard Part 22. Signals, Signs, Tags, and Barricades, R 408.42201 to R 408.42243.

(e) Construction Safety Standard Part 45. Fall Protection, R 408.44501 to R 408.44502.

(f) General Industry Safety Standard Part 7. Guards for Power Transmission, R 408.10701 to R 408.10765.

History

• History: 2008 AACS; 2013 MR 8, Eff. April 29, 2013.

Mich. Admin. Code R 408.43205 Construction {#sec-r-408.43205 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43205}

Rule 3205. (1) Aerial work platforms shall be designed, constructed, and tested so as to be in compliance with the requirements of the following applicable American national standards institute standards:

(a) ANSI standard A92.2, 2002 edition, "Vehicle-Mounted Elevating and Rotating Aerial Devices."

(b) ANSI standard A92.3, 2006 edition, "Manually Propelled Elevating Aerial Platforms."

(c) ANSI standard A92.5, 2006 edition, "Boom-Supported Elevating Work Platforms."

(d) ANSI standard A92.6, 1999 edition, "Self-Propelled Elevating Work Platforms.”

These standards are adopted by reference in R 408.43204a.

(2) Aerial work platforms shall not be field-modified for uses other than those intended by the manufacturer, unless the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in compliance with the applicable ANSI standard and this rule, and to be at least as safe as the equipment was before modification.

(3) Aerial work platforms shall be equipped with emergency controls at ground level.

(4) Emergency ground level controls shall be clearly marked as to their intended function and be capable of overriding the platform controls.

(5) Attachment points shall be provided for fall protection devices for personnel who occupy the platform on aerial work platforms described in R 408.43202 (a) and (c). (See figures 1 and 3).

History

• History: 1992 AACS; 1998-2000 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.43206 Insulated aerial device testing {#sec-r-408.43206 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43206}

Rule 3206. If the aerial work platform is rated and used as an insulated aerial device, an employer shall test the electrical insulating components for compliance with the rating of the aerial work platform in accordance with ANSI standard A92.2, 2002 edition, which is adopted in R 408.43204a. Such testing shall comply with all of the following provisions:

(a) The test shall be performed not less than annually.

(b) Written, dated, and signed test reports shall be made available by the employer for examination by a department representative.

(c) The insulated portion of an aerial device shall not be altered in any manner that might reduce its insulating value.

History

• History: 1992 AACS; 1998-2000 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.43207 Permits; training {#sec-r-408.43207 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43207}

Rule 3207. (1) An employer shall provide the operator of an aerial work platform with an aerial work platform permit.

(2) The requirements of subrule (8)(a), (b), (c), and (d) of this rule shall be met before an employee is issued a permit.

(3) A permit shall be carried by the operator or be available at the job site and shall be displayed upon request by a department of licensing and regulatory affairs representative.

(4) A permit shall indicate the type of aerial work platforms an operator has been trained on and is qualified to operate.

(5) A permit to operate an aerial work platform is valid only when performing work for the employer who issued the permit. A permit shall be issued for a period of not more than 3 years.

(6) A permit shall contain all of the following information (see sample permit):

(a) Firm name.

(b) Operator’s name.

(c) Name of issuing authority. (Authorized by)

(d) The following types of aerial work platform the operator is authorized to operate:

(i) Vehicle-mounted elevating work platform such as the following:

(A) Extensible boom aerial devices.

(B) Aerial ladders.

(C) Articulating boom aerial devices.

(D) Vertical towers.

(ii) Manually propelled elevating work platforms.

(iii) Boom-supported elevating work platforms.

(iv) Self-propelled elevating work platforms.

(e) Date issued.

(f) Expiration date.

(7) The following is a sample permit:

SAMPLE PERMIT

AERIAL WORK PLATFORM PERMIT

(Firm Name) ________________________________________________ (Name)

Type of aerial work platform authorized to operate:

Date Issued Type Authorized by Expiration Date __________ ____ ___________ _____________ __________ ____ ___________ _____________ __________ ____ ___________ _____________ (8) An employer shall provide each employee who will operate the aerial work platform with instruction and training regarding the equipment before a permit is issued or reissued. Such instruction and training shall ensure that each operator is in compliance with the minimum following provisions:

(a) Is instructed by a qualified person in the intended purpose and function of each of the controls.

(b) Is trained by a qualified person or reads and understands the manufacturer’s or owner’s operating instructions and safety rules.

(c) Understands by reading or by having a qualified person explain, all decals, warnings, and instructions displayed on the aerial work platform.

(d) Reads and understands the provisions of this subrule and subrules (1) to (7) and (9) of this rule or be trained by a qualified person on their content.

(9) The manufacturer’s operating instructions and safety rules shall be provided and maintained in a legible manner on each unit by the employer.

History

• History: 1992 AACS; 2013 MR 8, Eff. April 29, 2013.

Mich. Admin. Code R 408.43208 Preoperational procedures {#sec-r-408.43208 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43208}

Rule 3208. (1) The employer shall ensure before the commencement of operations near power lines and when the clearances cannot be maintained as specified in Tables 1- 3, that the owner, owner representative, or utility are notified with all pertinent information about the job.

(2) Any overhead wire shall be considered to be an energized line until the owner of the line, his or her authorized representative, or a utility representative assures either of the following:

(a) The line is de-energized and has been visibly grounded.

(b) The line is insulated for the system voltages and the task will not compromise the insulation of the conductor and/or cause an electrical hazard.

R 408.43209. Electrical hazards.

Rule 3209. (1) The employer shall ensure that an aerial work platform shall be operated so that the distances from energized power lines and equipment prescribed in Table 1 are maintained, except for the following:

(a) As prescribed in subrule (2) of this rule addressing tree trimming.

(b) As prescribed in subrule (3) of this rule addressing telecommunications.

(c) Where insulating barriers are not a part of or an attachment to the aerial device that has been erected to prevent physical contact with the lines.

(2) A qualified lineman or a qualified line clearance tree trimmer shall maintain distances as prescribed in Table 2 when performing work from an aerial work platform on or near an exposed power line unless any of the following conditions exist:

(a) The employee is insulated or guarded from the energized part by gloves or gloves and sleeves, as provided for and prescribed in Construction Safety Standard Part 6. "Personal Protective Equipment" and Construction Safety Standard Part 30.

"Telecommunications."

(b) The employee is insulated, isolated, or guarded from any other conductive part.

(c) The energized part is insulated from the employee.

(3) A qualified telecommunications employee shall maintain the distances prescribed in Table 3 when working from an aerial lift, unless the employee is insulated, isolated, or guarded from any other conductive part or the energized part is insulated from the employee.

(4) Employees shall use insulated bucket, gloves and sleeves that are rated at more than the voltage to be worked on or that with which they might come into contact, to comply with subrules (2) and (3) of this rule.

(5) The clearances, as prescribed in Tables 1-3, do not apply when the owner of the line or his or her authorized representative, or a utility representative assures that the conductor is insulated for the system voltages and the task will not compromise the insulation of the conductor and/or cause an electrical hazard.

(6) Tables 1, 2, and 3 read as follows:

Table 1 Minimum Clearance Distances for Equipment Voltage Clearance With Boom Raised Clearance Boom Lowered and No Load in Transit To 50 kV 10 feet 4 feet Over 50 kV 10 feet + .4 inch per each 1 kV over 50 kV 10 feet 50 to 345 kV -- 10 feet 346 to 750 kV -- 15 feet Table 2 Minimum Working Distances for Qualified Line-Clearance Tree Trimmers and Qualified Linemen Voltage Range Phase to Phase (kilovolts)

Minimum Working Distance 2.1 to 15.0 2 feet 0 inches (61 cm) 15.1 to 35.0 2 feet 4 inches (71 cm) 35.1 to 46.0 2 feet 6 inches (76 cm) 46.1 to 72.5 3 feet 0 inches (91 cm) 72.6 to 121.0 3 feet 4 inches (102 cm) 138.0 to 145.0 3 feet 6 inches (107 cm) 161.0 to 169.0 3 feet 8 inches (112 cm) 230.0 to 242.0 5 feet 0 inches (152 cm) 345.0 to 362.0 *7 feet 0 inches (213 cm) 550.0 to 552.0 *11 feet 0 inches (335 cm 700.0 to 765.0 *15 feet 0 inches (457 cm) *Note: For 345-362 kV., 500-552 kV., and 700-765 kV., the minimum working distance and the minimum clear hot stick distance may be reduced that such distances are not less than the shortest distance between the energized part and a grounded surface.

Table 3 Minimum Approach Distances fo r Qualified Telecommunications Employees Voltage Range (Nominal Phase to Phase)

Minimum Approach Distances 300 V and less 1 foot - 0 inches (30.5 cm)

Over 300 V, not over 750 V 1 foot - 6 inches (46 cm)

Over 750 V, not over 2 kV 2 feet - 0 inches (61 cm Over 2 kV, not over 15 kV 3 feet - 0 inches (91 cm)

Over 15 kV, not over 37 kV 3 feet – 6 inches (107 cm)

Over 37 kV, not over 87.5 kV 4 feet – 0 inches (122 cm)

Over 87.5 kV, not over 121 kV 4 feet – 6 inches (137 cm)

Over 121 kV, not over 140 kV --

History

• History: 1992 AACS; 2008 AACS; 2013 AACS.
• History: 1992 AACS; 1996 AACS; 2008 AACS.

Mich. Admin. Code R 408.43210 Rescinded {#sec-r-408.43210 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43210}

Editor's Note: An obvious error in R 408.43210 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2008 MR 5. The memorandum requesting the correction was published in Michigan Register, 2008 MR 7.

History

• History: 1992 AACS; 2008 AACS.

Mich. Admin. Code R 408.43212 Vehicles; traffic control {#sec-r-408.43212 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43212}

Rule 3212. (1) Before moving a vehicle supporting an aerial ladder for highway travel, employees shall secure ladders in the lower position and shall use the manually operated device at the base of the ladder, or other effective means to prevent elevation or rotation of the ladder.

(2) Before moving a vehicle supporting an aerial lift for travel, employees shall inspect the boom to ensure that it is properly cradled and the outriggers are in the stowed position, except as provided in subrule (3) of this rule.

(3) When a boom is elevated with employees in working position, the vehicle supporting an aerial device shall not be moved unless the equipment is specifically designed for this type of operation and meets the requirements of R 408.43205.

(4) An employer shall ensure that operators of an aerial work platform over or adjacent to any public or private roadway maintain adequate clearances of all portions of the aerial work platform to prevent being struck by vehicular traffic.

(5) When aerial work platforms are in use, all traffic control requirements shall be in compliance with Part 6 of the 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD), which is adopted in R 408.43204a, and Construction Safety Part 22. Signals, Signs, Tags, and Barricades, as referenced in R 408.43204a.

History

• History: 2008 AACS; 2013 MR 8, Eff. April 29, 2013; 2013 AACS.

Mich. Admin. Code R 408.43214 Fall protection {#sec-r-408.43214 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43214}

Rule 3214. (1) The employer shall provide a safety harness that has a lanyard which is in compliance with construction safety standard Part 45. "Fall Protection,"

R 408.44501 to R 408.44502 and which is affixed to attachment points provided and approved by the manufacturer. Any occupant of an aerial work platform described in the provisions of R 408.43202(a) and (c) and figures 1 and 3 shall use the harness. A fall arrest system shall only be used where the aerial lift is designed to withstand the vertical and lateral loads caused by an arrested fall.

(2) An employee may use a body belt with a restraint device with the lanyard and the anchor arranged so that the employee is not exposed to any fall distance. An employee shall use a restraint device where the aerial lift cannot withstand the vertical and lateral loads imposed by an arrested fall.

(3) An employee shall be prohibited from belting off to an adjacent pole, structure, or equipment while working from an aerial work platform.

(4) An employer shall not allow employees to exit an elevated aerial work platform, except where elevated work areas are inaccessible or hazardous to reach. Employees may exit the platform with the knowledge and consent of the employer. When employees exit to unguarded work areas, fall protection shall be provided and used as required in construction safety standard Part 45. "Fall Protection," R 408.44501 to R 408.44502.

History

• History: 2008 AACS; 2013 AACS.

Mich. Admin. Code R 408.43216 Operating procedures {#sec-r-408.43216 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43216}

Rule 3216 (1) The aerial work platform shall be used only in accordance with the manufacturers or owners operating instructions and safety rules.

(2) The designed rated capacity for a given angle of elevation shall not be exceeded.

(3) The guardrail system of the platform shall not be used to support any of the following:

(a) Materials.

(b) Other work platforms.

(c) Employees.

(4) Employees shall maintain firm footing on the platform while working on the platform. The use of railings, planks, ladders, or any other devices on the platform for achieving additional height is prohibited.

(5) Only aerial work platforms that are equipped with a manufacturer’s installed platform controls for horizontal movement shall be moved while in the elevated position.

(6) Before and during driving while elevated, an operator of a platform shall do both of the following:

(a) Look in the direction of, and keep a clear view of, the path of travel and make sure that the path is firm and level.

(b) Maintain a safe distance from all of the following:

(i) Obstacles.

(ii) Debris.

(iii) Drop-offs.

(iv) Holes.

(v) Depressions.

(vi) Ramps.

(vii) Overhead obstructions.

(viii) Overhead electrical lines.

(ix) Other hazards to safe elevated travel.

(7) Outriggers or stabilizers, when provided, are to be used in accordance with the manufacturer’s instruction. Brakes shall be set and outriggers and stabilizers shall be positioned on pads or a solid surface.

(8) Aerial work platforms shall be elevated only when on a firm and level surface or within the slope limits allowed by the manufacturer’s instructions.

(9) A vehicle-mounted aerial work platform (figure 1) shall have its brakes set before elevating the platform.

(10) A vehicle-mounted aerial work platform (figure 1) shall have wheel chocks installed before using the unit on an incline.

(11) Climbers shall not be worn while performing work from an aerial work platform.

(12) Platform gates shall be closed while the platform is in an elevated position.

(13) Altering, modifying, or disabling safety devices or interlocks is prohibited.

R 408.43220. Figures.

Rule 3220. Figures 1 to 4 are as follows:

History

• History: 2008 AACS; 2013 AACS.
• History: 2008 AACS.

R 408.43501 to R 408.43510 Part 35. Confined Space in Construction

Mich. Admin. Code R 408.43501 Scope {#sec-r-408.43501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 14, 19, 21, and 24 of 1974 PA 154, MCL 408.1014, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 35. CONFINED SPACE IN CONSTRUCTION

Rule 3501. (1) This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities at a worksite with 1 or more confined spaces, subject to the exceptions in subrule (2) of this rule. Examples of locations where confined spaces may occur include, but are not limited to, those listed in table 1:

TABLE 1

EXAMPLES OF LOCATIONS WHERE CONFINED SPACES MAY OCCUR

Bins Boilers Pits, such as elevator, escalator, pump, valve or other equipment Manholes, such as sewer, storm drain, electrical, communication, or other utility Tanks, such as fuel, chemical, water, or other liquid, solid or gas Incinerators Scrubbers Concrete pier columns Sewers Transformer vaults Heating, ventilation, and air-conditioning (HVAC) ducts Storm drains Water mains Precast concrete and other pre-formed manhole units Drilled shafts Enclosed beams Vessels Digesters Lift Stations Cesspools Silos Air receivers Sludge gates Air preheaters Step up transformers Turbines Chillers Bag houses Mixers, such as reactors (2) This standard does not apply to any of the following:

(a) Construction work regulated by Construction Safety Standard Part 9 “Excavation, Trenching, and Shoring.”

(b) Construction work regulated by Construction Safety Standard Part 14 “Tunnels, Shafts, Caissons, and Cofferdams.”

(c) Construction work regulated by Occupational Health Standard Part 504 “Diving Operations.”

(d) Construction work regulated by Occupational Health Standard Part 665 “Underground Construction, Caissons, Cofferdams, and Compressed Air.”

(3) When this standard applies and there is a provision that addresses a confined space hazard in another applicable standard, the employer shall comply with both that requirement and the applicable provisions of this standard.

(4) The following provisions of the occupational safety and health administration (OSHA) regulations, except as amended in these rules, are adopted by reference in these rules:

(a) 1926.1202 “Definitions.”

(b) 1926.1203 “General requirements.”

(c) 1926.1204 “Permit-required confined space program.”

(d) 1926.1205 “Permitting process.”

(e) 1926.1206 “Entry permit.”

(f) 1926.1207 “Training.”

(g) 1926.1208 “Duties of authorized entrants.”

(h) 1926.1209 “Duties of attendants.”

(i) 1926.1210 “Duties of entry supervisors.”

(j) 1926.1211 “Rescue and emergency services.”

(k) 1926.1212 “Employee participation.”

History

• History: 2015 AACS.

Mich. Admin. Code R 408.43505 Provision of documents {#sec-r-408.43505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43505}

Rule 3505. For each document required to be retained in this standard, the retaining employer must make the document available on request to the director of the department of licensing and regulatory affairs or his or her designee.

History

• History: 2015 AACS.

Mich. Admin. Code R 408.43510 Adopted and referenced standards {#sec-r-408.43510 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.43510}

Rule 3510. (1) The following federal occupational safety and health administration (OSHA) regulations, that are effective August 3, 2015, are adopted by reference in these rules:

(a) 1926.1202 “Definitions.”

(b) 1926.1203 “General requirements.”

(c) 1926.1204 “Permit-required confined space program.”

(d) 1926.1205 “Permitting process.”

(e) 1926.1206 “Entry permit.”

(f) 1926.1207 “Training.”

(g) 1926.1208 “Duties of authorized entrants.”

(h) 1926.1209 “Duties of attendants.”

(i) 1926.1210 “Duties of entry supervisors.”

(j) 1926.1211 “Rescue and emergency services.”

(k) 1926.1212 “Employee participation.”

(2) The standards adopted in this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909- 8143, plus $20.00 for shipping and handling.

(5) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 9 “Excavation, Trenching, and Shoring.”

R 408.40901 to R 408.40953.

(b) Construction Safety Standard Part 14 “Tunnels, Shafts, Caissons, and Cofferdams.” R 408.41401 to R 408.41483.

(c) Occupational Health Standard Part 504 “Diving Operations.” R 325.50301 to R 325.50348.

(d) Occupational Health Standard Part 665 “Underground Construction, Caissons, Cofferdams, and Compressed Air.” R 325.62991 to R 325.62996.

History

• History: 2015 AACS.

R 408.44201 to R 408.44204 Part 42. Hazard Communication

Mich. Admin. Code R 408.44201 Scope and application {#sec-r-408.44201 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44201}

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of labor and economic opportunity by sections 19 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 42. HAZARD COMMUNICATION

Rule 4201. (1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employers and communicated to employees. These rules establish requirements to ensure that markings, placards, and labels required on hazardous materials and explosives, both in transportation and at stationary facilities, are retained until the materials have been removed to the extent that the materials do not pose a hazard.

(2) The regulations adopted by R 408.44202 apply to all chemical manufacturers, chemical importers, and employers pursuant to the provisions of 29 CFR 1910.1200 and 29 CFR 1926.59.

(3) The regulations adopted by R 408.44203 apply to workplaces pursuant to the provisions of 29 CFR 1910.1201, 29 CFR 1926.61, and 29 CFR 1928.21.

(4) Section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, adopted the original federal standard by reference. In addition, sections 14b to 14l of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014b to 408.1014l, set forth additional requirements for employers in this state. The regulations adopted by R 408.44202 have the force and effect of law, but only to the extent they are consistent with section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a. If there is inconsistency, section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a, controls.

History

• History: 1995 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.44202 Hazard communication; adoption by reference {#sec-r-408.44202 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44202}

Rule 4202. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1200 “Hazard Communication,” July 19, 2024.

(b) 29 CFR 1910.1200 “Hazard Communication,” February 8, 2013.

(c) 29 CFR1926.59 “Hazard Communication,” June 20, 1996.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.44203 Retention of department of transportation markings, placards, and labels; adoption by reference {#sec-r-408.44203 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44203}

Rule 4203. (1) The following federal OSHA regulations from the Code of Federal Regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1201 “Retention of DOT markings, placards and labels,” July 19, 1994.

(b) 29 CFR 1926.61 “Retention of DOT markings, placards and labels,” June 20, 1996.

(c) 29 CFR 1928.21 “Applicability of Standards in 29 CFR Part 1910,” March 7, 1996.

(2) The adopted federal regulations shall have the force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

History

• History: 1995 AACS; 2012 AACS; 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

Mich. Admin. Code R 408.44204 Availability of adopted rules {#sec-r-408.44204 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44204}

Rule 4204. (1) The standards adopted in these rules are available from the United States Department of Labor, OSHA website: www.osha.gov, at no charge, as of the time of adoption of these rules.

(2) The standards adopted in these rules are also available for inspection at the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933.

(3) The standards adopted in these rules may be obtained from the publisher or may also be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards Section, 530 West Allegan Street, Lansing, Michigan 48933 at the cost charged in this rule, plus $20.00 for shipping and handling.

History

• History: 2014 AACS; 2025 MR 15, Eff. Aug. 12, 2025.

R 408.44501 to R 408.44502 Part 45. Fall Protection

Mich. Admin. Code R 408.44501 Scope {#sec-r-408.44501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.44501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 45. Fall Protection

Rule 4501. (1) The rules in this part set forth the minimum requirements and criteria for fall protection in construction workplaces, their applications, and definitions that are applicable to these rules.

(2) These rules do not apply where an employee is making an inspection, an investigation, or an assessment of workplace conditions before the actual start of construction work or after all construction work has been completed.

(3) The following provisions of the occupational safety and health administration (OSHA) regulations, except as amended in these rules, are adopted by reference in these rules:

(a) 29 C.F.R. § 1926.500 “Scope, Application, and definitions applicable to this subpart.”

(b) 29 C.F.R. § 1926.501 “Duty to have fall protection.”

(c) 29 C.F.R. § 1926.502 “Fall protection systems criteria and practices.”

(d) 29 C.F.R. § 1926.503 “Training requirements.”

(4) All of the following provisions are amendments to the OSHA regulations adopted by reference in these rules and are referenced in R 408.44502:

(a) Additional performance requirements for personal climbing equipment, lineman's body belts, safety straps, and lanyards are contained in Construction Safety Standard Part 16. “Power Transmission and Distribution.”

(b) The specifications for fall protection requirements for an employee working on certain types of derricks are contained in Construction Safety Standard Part 10. “Lifting and Digging Equipment,” and Construction Safety Standard Part 32. “Aerial Work Platforms.”

(c) The specifications for fall protection requirements for an employee working on ladders and the performance requirements for stairways, stair rail systems, and handrails are contained in Construction Safety Standard Part 11. “Fixed and Portable Ladders” and Construction Safety Standard Part 21 “Guarding of Walking and Working Areas.”

(d) The specifications for fall protection requirements for an employee working on a scaffold; performance requirements for a guardrail system; or for the performance requirements for falling object protection used on scaffolds are contained in Construction Safety Standard Part 12. “Scaffolds and Scaffold Platforms.”

(e) The specifications for fall protection requirements for an employee working on or in certain types of equipment used in tunneling operations are contained in Construction Safety Standard Part 14. “Tunnels, Shafts, Caissons, and Cofferdams.”

(f) The specifications for fall protection requirements for an employee working from aerial lifts, on poles, towers, or similar structures while engaged in the construction of electric transmission or distribution lines or equipment are contained in Construction Safety Standard Part 32. “Aerial Work Platforms.”

(g) The specifications for fall protection requirements for an employee performing steel erection work on buildings are contained in Construction Safety Standard Part 26.

“Steel Erection.”

R 408.44502. Adopted and referenced standards.

Rule 4502. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. § 1926.500 “Scope, Application, and definitions applicable to this subpart,” effective July 10, 2014.

(b) 29 C.F.R. § 1926.501 “Duty to have fall protection,” effective January 26, 1995.

(c) 29 C.F.R. § 1926.502 “Fall protection systems criteria and practices,” effective January 26, 1995.

(d) 29 C.F.R. § 1926.503 “Training requirements,” effective January 26, 1995.

(2) The standards adopted in subrule (1) of this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(3) The standards adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

(5) The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 10. “Lifting and Digging Equipment,”

R 408.41001 to R 408.41099a.

(b) Construction Safety Standard Part 11. “Fixed and Portable Ladders,”

R 408.41101 to R 408.41140.

(c) Construction Safety Standard Part 12. “Scaffolds and Scaffold Platforms,”

R 408.41201 to R 408.41264.

(d) Construction Safety Standard Part 14. “Tunnels, Shafts, Caissons, and Cofferdams,” R 408.41401 to R 408.41483.

(e) Construction Safety Standard Part 16. “Power Transmission and Distribution,”

R 408.41601 to R 408.41658.

(f) Construction Safety Standard Part 21. “Guarding of Walking and Working Areas,” R 408.42101 to R 408.42160.

(g) Construction Safety Standard Part 26. “Steel Erection,” R 408.42601 to R 408.42656.

(h) Construction Safety Standard Part 32. “Aerial Work Platforms,” R 408.43201 to R 408.43220.

History

• History: 1996 AACS; 2015 AACS.
• History: 1996 AACS; 2015 AACS.

R 408.45101 to R 408.45101 Part 51. Agricultural Tractors

Mich. Admin. Code R 408.45101 Adoption of federal standard {#sec-r-408.45101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45101}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

CONSTRUCTION SAFETY STANDARDS COMMISSION

(By authority conferred on the general industry safety standards commission by sections 16 and 21 of Act No. 154 of the Public Acts of 1974, as amended, being SS408.1016 and 408.1021 of the Michigan Compiled Laws)

PART 51. AGRICULTURAL TRACTORS

Rule 5101. Effective 15 days after filing with the secretary of state, a tractor used in agricultural operations shall be as prescribed in 29 C.F.R. SS1928.51, which is adopted by these rules by reference and which may be inspected at the Lansing office of the department of consumer and industry services. 29 C.F.R. SS1928.51 was published in the March 7, 1996, Federal Register and may be purchased at a cost of 75 cents from the Superintendent of Documents, Washington, D.C. 20402, or from the Occupational Safety and Health Administration Area Office 231 W. Lafayette, Detroit, Michigan 48226.

The section is also available at no cost from the Michigan Department of Consumer and Industry Services, 7150 Harris Drive, Lansing, Michigan 48909- 8143.

Editor's Note: An obvious error in R 408.45101 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 1997 MR 2. The memorandum requesting the correction was published in Michigan Register, 2003 MR 20.

History

• History: 1979 AC; 1997 AACS.

R 408.45301 to R 408.45301 Part 53. Farm Field Equipment

Mich. Admin. Code R 408.45301 Adoption of federal standard {#sec-r-408.45301 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45301}

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

BUREAU OF SAFETY AND REGULATION

CONSTRUCTION SAFETY STANDARDS COMMISSION

(By authority conferred on the general industry safety standards commission by sections 16 and 21 of Act No. 154 of the Public Acts of 1974, as amended, being SS408.1016 and 408.1021 of the Michigan Compiled Laws)

PART 53. FARM FIELD EQUIPMENT

Rule 5301. (1) Farm field equipment used in agricultural operation shall be as prescribed in paragraphs (a) to (c) of 29 C.F.R. S1928.57, O.S.H.A.safety and health regulations for the guarding of farm field equipment, farmstead equipment, and cotton gins, which are incorporated herein by reference and may be inspected at the Lansing office of the department of consumer and industry services. This section was published in the March 9, 1976, and October 22, 1976, Federal Registers and may be purchased at a cost of 75 cents from the Superintendent of Documents, Washington, D.C. 20402, or from the O.S.H.A. area office, 231 W. Lafayette, Detroit, Michigan 48226. This section may also be purchased at a cost of 20 cents from the Michigan Department of Consumer and Industry Services, 7150 Harris Drive, Lansing, Michigan 48926.

(2) Notwithstanding the effective dates contained in paragraph (a)(3) of the reference regulation, the effective dates shall be 15 days after filing with the secretary of state.

History

• History: 1979 AC.

R 408.45501 to R 408.45502 Part 55. Agricultural Operations

Mich. Admin. Code R 408.45502 Availability of documents {#sec-r-408.45502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 408.45502}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

SAFETY STANDARDS FOR AGRICULTURE

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 55 AGRICULTURAL OPERATIONS

R 408.45501. Adoption by reference of federal standards.

Rule 45501. (1) The following federal occupational safety and health administration (OSHA) regulations are adopted by reference in these rules:

(a) 29 C.F.R. §1928.21, ‘Applicability of standards for agricultural operations,’ as amended March 7, 1996.

(b) 29 C.F.R. §1928.110, ‘Field sanitation for agricultural operations,’ as amended June 8, 2011.

(2) The adopted federal regulations shall have the same force and effect as a rule promulgated under 1974 PA 154, MCL 408.1001 to 408.1094.

(3) A reference to C.F.R. §1910.142 ‘Temporary labor camps,’ means Occupational Health Standard Part 511 ‘Temporary Labor Camps,’ as referenced in R 408.45502.

(4) A reference to C.F.R. §1910.111(a) and (b) ‘Storage and handling of anhydrous ammonia,’ means General Industry Safety Standard Part 78 ‘Storage and Handling of Anhydrous Ammonia,’ as referenced in R 408.45502.

(5) A reference to C.F.R. §1910.266 ‘Logging operations,’ means General Industry Safety Standard Part 51 ‘Logging,’ as referenced in R 408.45502.

(6) A reference to C.F.R. §1910.145 “Specifications for accident prevention signs and tags,’ means General Industry Safety Standard Part 37 ‘Accident Prevention Signs and Tags,’ as referenced in R 408.45502.

(7) A reference to C.F.R. §1910.1200 ‘Hazard communication,’ and §1910.1201 ‘Retention of DOT markings, placards and labels,’ means Occupational Health Standard Part 430 ‘Hazard Communication,’ as referenced in R 408.45502.

(8) A reference to C.F.R. §1910.1027 ‘Cadmium,’ means Occupational Health Standard Part 309 ‘Cadmium,’ as referenced in R 408.45502.

History: 2014 AACS.

Rule 45502. (1) The OSHA regulations adopted by reference in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration, via the internet at website www.osha.gov, at no charge as of the time of adoption of these rules.

(2) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143.

(3) Copies of the regulations adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

(4) The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a) General Industry Safety Standard Part 37 ‘Accident Prevention Signs and Tags,’ R 408.13701 to R 408.13736.

(b) General Industry Safety Standard Part 51 ‘Logging,’ R 408.15101 to R 408.15181.

(c) General Industry Safety Standard Part 78 ‘Storage and Handling of Anhydrous Ammonia,’ R 408.17801.

(d) Occupational Health Standard Part 309 ‘Cadmium,’ R 325.51851 to R 325.1027.

(e) Occupational Health Standard Part 430 ‘Hazard Communication,’ R 325.77002 to R 325.77003.

(f) Occupational Health Standard Part 511 ‘Temporary Labor Camps,’ R 325.51131 to R 325.51143.

History

• History: 2014 AACS.

R 408.49101 to R 408.49103 Part 91. Process Management of Highly Hazardous Chemicals

Mich. Admin. Code R 1624_2016-017LR_AdminCode Part 91. Process Management of Highly Hazardous Chemicals

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

CONSTRUCTION SAFETY STANDARDS

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, MCL 408.1019 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030)

PART 91. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS

CHEMICALS

R 408.49101. Scope.

Rule 9101. (1) This standard applies to the manufacturing of explosives and pyrotechnics. These rules do not apply to the sale and use, such as public displays, of pyrotechnics, commonly known as fireworks, or to the use of explosives in the form prescribed in the official United States pharmacopeia.

(2) The manufacture of explosives, as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.49102, shall also be in compliance with the requirements contained in the provisions of these rules.

(3) The manufacture of pyrotechnics as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.49102, shall be in compliance with the provisions of these rules.

History: 1993 AACS; 1998-2000 AACS; 2014 AACS; 2016 AACS.

R 408.49102. Adoption of standards by reference.

Rule 9102. (1) The following Federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules.

(a) 29 C.F.R. §1926.64 “Process safety management of highly hazardous chemicals,” effective March 26, 2012.

(b) 29 C.F.R. §1926.64 Appendix A “List of highly hazardous chemicals, toxics and reactives (mandatory),” effective June 30, 1993.

(2) All of the following provisions apply with respect to the regulations adopted in this rule:

(a) A reference to 29 C.F.R. §1910.1200 “Hazard communication,” and 29 C.F.R. §1926.59 “Hazard communication,” means Occupational Health Standard Part 430 “Hazard Communication;” General Industry Safety Standard Part 92 “Hazard Communication;” and Construction Safety Standard Part 42 “Hazard Communication;” as referenced in R 408.49103.

(b) A reference to 29 C.F.R. §1926.65 “Hazardous waste operations and emergency response,” means Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” as referenced in R 408.49103.

(3) The provisions of 29 C.F.R. §1926.64 and 29 C.F.R. §1926.64 Appendix A have the same force and effect as rules promulgated under Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(4) The standards adopted in this rule are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge as of the time of adoption of these rules.

(5) The standards adopted in this rule are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(6) The standards adopted in this rule may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus $20.00 for shipping and handling.

History: 1993 AACS; 1998-2000 AACS; 2014 AACS; 2016 AACS.

R 408.49103. MIOSHA referenced standards.

Rule 3. The following Michigan occupational safety and health (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a) Construction Safety Standard Part 42 “Hazard Communication,” R 408.44201 to R 408.44203.

(b) General Industry Safety Standard Part 92 “Hazard Communication,”

R 408.19201 to R 408.19203.

(c) Occupational Health Standard Part 430 “Hazard Communication,” R 325.77001 to R 325.77003.

(d) General Industry Safety Standard Part 55 “Explosives and Blasting Agents,”

R 408.15501.

(e) Occupational Health Standard Part 432 “Hazardous Waste Operations and Emergency Response,” R 325.52101 to R 325.52137.

History: 2014 AACS; 2016 AACS.

Bureau of Employment Relations Bureau of Employment Relations

R 423.101 to R 423.484 Employment Relations Commission General Rules

Mich. Admin. Code R 423.101 Definitions; A to C {#sec-r-423.101 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.101}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

EMPLOYMENT RELATIONS COMMISSION

GENERAL RULES

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 7, 9a, and 27 of 1939 PA 176, MCL 423.7, 423.9a, and 423.27; sections 12 and 14 of 1947 PA 336, MCL 423.212 and 423.214; sections 2a and 6 of 2016 PA 194, MCL 423.202a and 423.206; and Executive Reorganization Orders 1996-2, 2011-4, and 2011-5, MCL 445.2001, MCL 445.2030 and MCL 445.2031)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) “Administrative law judge” means a designee authorized by the commission to perform hearing functions and duties under LMA and PERA in the commission’s labor relations division.

(b) "Applicant" means a person, public employer, labor organization or duly authorized agent or party representative thereof who files an application for fact finding under LMA or PERA.

(c) “Bargaining representative” means the labor organization that represents the public school employees alleged to have been engaged in an illegal strike or whose public employer is alleged to have locked the public school employees out of the workplace in violation of section 2 of PERA.

(d) “Bureau” means the bureau of employment relations which is the administrative component of the commission.

(e) "Charge" means the document containing the information specified in R 423.151.

(f) "Charging party" means a person, public employer, labor organization or duly authorized agent or party representative thereof, who files a charge alleging an unfair labor practice under LMA or PERA.

(g) "Commission" means the employment relations commission as established under section 3 of LMA, MCL 423.3.section 3 of LMA, MCL 423.3.

History

• History: 2002 AACS; 2014 AACS; 2017 AACS.

Mich. Admin. Code R 423.102 Definitions; D to L {#sec-r-423.102 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.102}

Rule 102. As used in these rules:

(a) “Designee” means a commission member or an employee designated by the commission to perform functions and duties under LMA and PERA.

(b) “Fact finder” means a commission member, an employee, or other individual, whether or not a member of the commission’s staff, designated by the commission to perform fact finding functions and duties under section 25 of LMA.

(c) “Initiating party” means the party that filed a notice of public school strike and is the public school employer, the superintendent of public instruction, or the parent or legal guardian of a child who is enrolled in the school district at which a strike by 1 or more public school employees is alleged to have occurred in violation of section 2 of PERA.

(d) “LMA” means 1939 PA 176, MCL 423.1 to 423.30.

History

• History: 2002 AACS; 2014 AACS; 2017 AACS.

Mich. Admin. Code R 423.103 Definitions; M to P {#sec-r-423.103 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.103}

Rule 103. As used in these rules:

(a) "Mediator" means the commission, a commission member, or an employee designated by the commission to perform the functions and duties of mediation under LMA and PERA in the commission's mediation division.

(b) "PERA" means the 1947 PA 336, MCL 423.201 to 423.217.

(c) "Petition" means the document containing the information specified in R 423.141.

(d) "Petitioner" means a person, public employer, labor organization or duly authorized agent or party representative thereof who files a petition under LMA or PERA.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.104 Definitions; R {#sec-r-423.104 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.104}

Rule 104. As used in these rules, “respondent” means a person, public employer, employer or labor organization charged with having engaged in or engaging in unfair labor practices under LMA or PERA as set forth in a complaint issued by the commission.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.105 Division of commission {#sec-r-423.105 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.105}

Rule 105. (1) The commission shall exercise its mediation functions under LMA and PERA through its mediation division.

(2) The commission shall exercise its labor relations functions under LMA and PERA through its labor relations division.

R423.106 Party representative.

Rule 106. A party to a proceeding before the Michigan employment relations commission may be represented by an attorney or non-attorney, or other agent of his or her choice, or appear on his or her own behalf.

PART 2. MEDIATION OF LABOR DISPUTES

History

• History: 2002 AACS.
• History: 2014 AACS.

Mich. Admin. Code R 423.121 Mediation functions {#sec-r-423.121 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.121}

Rule 121. A mediator shall bring the parties together voluntarily under such favorable auspices as will tend to effectuate the settlement of the dispute; but the mediator shall not have any power of compulsion in mediation. At the request of 1 of the parties, or when the commission believes that mediation may be of assistance in resolving a dispute between either a public or private employer and employees, the commission on its own motion may, or at the direction of the governor shall, take steps that it deems expedient to effect a voluntary, amicable, and expeditious adjustment and settlement of the differences and issues between the employer and employees.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.122 Confidential information {#sec-r-423.122 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.122}

Rule 122. Information disclosed by a party to a mediator in the performance of mediation functions shall not be divulged voluntarily or by compulsion. All files, records, reports, documents, or other papers received or prepared by a mediator while serving as a mediator shall be classified as confidential. The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted by the mediator, on behalf of any party to any cause pending in any type of proceeding.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.123 Mediation conferences {#sec-r-423.123 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.123}

Rule 123. (1) A mediator may hold separate or joint conferences with parties or their representatives, and the conferences shall be private unless otherwise mutually agreed by the parties and the mediator.

(2) A mediation conference may be conducted at a date, time, and place agreed to by a mediator and the parties or their representatives, except that the mediator may designate the date, time, and place of a conference.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.124 Strike elections {#sec-r-423.124 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.124}

Rule 124. A strike election conducted by the commission under sections 9 and 9a of LMA, MCL 423.9 and MCL 423.9a, shall be governed by the rules in part 4 as applicable. Sections 9 and 9a shall be complied with as a condition to a strike election.

Within 48 hours after the close of a strike election, excluding Saturdays, Sundays, and legal holidays, a party may file objections to the conduct of the election or to conduct improperly affecting the results of the election. Objections shall be in writing and shall contain a statement of facts and the reasons therefor upon which the objections are based.

A party shall file a signed original and 4 copies of the objections with the commission, and the party filing objections shall at the same time serve a copy upon each of the other parties, with proof of service to the commission. This rule does not apply to public employees as defined in section 1(e) of PERA, MCL 423.201e.

PART 3. FACT FINDING

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.131 Definitions {#sec-r-423.131 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.131}

Rule 131. As used in this part:

(a) "Advocate" means an individual who has represented management or a union in collective bargaining or labor relations in the 5 years before his or her selection by the commission as a nominee for chair of a fact finding panel under MCL 423.25 and R 423.135. Advocate also means an individual, including an attorney, who is associated with a firm or entity that has represented management or a union in collective bargaining or labor relations in the 5 years before his or her selection by the commission as a nominee for chair of a fact finding panel under section 25 of LMA, MCL 423.25, and R 423.135.

(b) "Commission's panel of fact finders" means those members who are appointed to the Michigan employment relations commission panel of fact finders by the commission.

(c) "Dispute" means a disagreement regarding mandatory subjects of bargaining concerning rates of pay, wages, hours of employment, or other conditions of employment.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.132 Petitions; initiation by commission of fact finding {#sec-r-423.132 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.132}

Rule 132. (1) Pursuant to section 25 of LMA, MCL 423.25, a petition for fact finding may be filed by a public employer, a collective bargaining representative of public employees, or, if no representative has been designated or selected, by a majority of any given group of public employees. The petition shall be signed by an authorized agent of the petitioner. The petitioner shall file an original and 3 copies with the commission and shall serve a copy of the petition on the other party or its representative.

Petitions for fact finding shall be filed pursuant to R 423.181 and service shall be pursuant to R 423.182.

(2) The applicant may withdraw the petition with the consent of the commission or bureau director.

(3) The commission, on its own motion, may institute fact finding if it is apparent to the commission that matters in disagreement between the parties may be more readily settled if the facts involved in the disagreement are determined and publicly known. If the commission institutes fact finding, the commission may suspend the fact finder selection process in these rules and may appoint a fact finder on its own motion.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.133 Contents of petitions {#sec-r-423.133 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.133}

Rule 133. (1) The petition shall contain all of the following information:

(a) The name and address of the public employer involved and the name and telephone number of its principal representative.

(b) The name and address of the collective bargaining representative involved; or, if there is no collective bargaining representative, the name and address of the principal representative of the majority of the members of a given group on whose behalf the petition is being filed.

(c) A description of the certified or recognized collective bargaining unit, or, if there is no such unit, a description of the given group.

(d) The approximate number of employees in the unit or given group.

(e) Contract expiration date.

(f) A statement that the applicant has attempted to engage in good-faith collective bargaining and mediation and that the parties have not succeeded in resolving the matters in dispute.

(g) A statement that the applicant has exhausted the contractual grievance procedure, if applicable.

(h) A listing of any unresolved issue in dispute and the related facts.

(i) A statement of reasons why publicizing the facts and recommendations would assist in resolving the issues in dispute.

(j) If applicable, the name of the fact finder from the commission's panel of fact finders that the parties have mutually selected.

(k) The name and address of the petitioner and the signature and telephone number of the persons executing the petition.

(2) The petition may include a request for combined fact finding with another bargaining unit involving that same employer.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.134 Answers {#sec-r-423.134 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.134}

Rule 134. (1) A party upon whom a petition has been served shall file an answer to the petition within 10 days from its service, unless notified by the commission that the circumstances require a specified shorter period of time to file an answer. Upon proper cause shown, the commission may extend the time for filing an answer, or, in exceptional circumstances, may waive the requirement for an answer.

(2) The answer shall specifically admit, deny, or explain each of the allegations in the petition, shall contain a statement of the position of the answering party, and shall be signed by the answering party or authorized agent.

(3) The answer and 3 copies shall be filed with the commission. The party filing an answer concurrently shall serve a copy of the answer on the petitioner or its agent, and file proof of service with the commission.

(4) A party on whom a petition has been served may rely on the filing by the opposing party. The proposed withdrawal of the initial petition shall not act to terminate the process unless otherwise ordered by the commission for good cause, which may include the consent of the parties.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.135 Fact finder selection {#sec-r-423.135 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.135}

Rule 135. (1) The commission shall establish and appoint a panel of fact finders to be known as the Michigan employment relations commission panel of fact finders. Panel members shall be appointed for indefinite terms, and shall be impartial, competent, and reputable citizens of the United States and residents of the state. The commission may at any time appoint additional members to the panel of fact finders and may remove existing members with or without cause.

(2) If a commission-nominated fact finder is an advocate as defined in R 423.131, either party may notify the other party and ask the commission to delete the fact finder's name from the list of nominees and provide the parties with the name of a fact finder who is not an advocate. The commission shall provide the parties with another fact finder's name and resume. If, within 10 days, a fact finder is not selected from the list to which there has been no objection, then the commission may select a fact finder.

(3) The parties may mutually agree upon the selection of a fact finder from the commission's panel of fact finders or a fact finder who is eligible for membership on that panel and notify the commission of their selection when the petition is filed.

(4) A fact finder's resume shall include all of the following information:

(a) A brief summary of the fact finder's educational and professional background.

(b) A list of the fact finder's past 5 years of employment.

(c) A list of the fact finder's commission arbitration awards and fact finding reports.

(d) A list that shows the percentage of advocacy work, if any, which was performed by the fact finder and the fact finder's firm on an annual basis for the past 5 years.

(5) The commission or bureau director may determine after consultation with the parties that it is appropriate to appoint the same fact finder to hear more than 1 fact finding petition involving that same employer.

(6) If it appears that there is undue delay in the fact finder selection process or there is a delay for reasons the commission considers inappropriate, the commission or bureau director may appoint a fact finder on its own motion.

(7) The commission or bureau director may make administrative decisions related to the appointment of a fact finder.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.136 Hearings; fact finder powers {#sec-r-423.136 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.136}

Rule 136. (1) If it appears to the commission that a hearing is warranted, then the commission shall appoint a fact finder and serve upon each of the parties a notice of the person appointed.

(2) A fact finder shall conduct a prehearing conference within 15 days of the fact finder's appointment. It may be conducted by telephone conference call. The commission may waive the requirement for a prehearing conference in exceptional circumstances. The fact finder shall also issue and serve, upon each of the parties, a notice indicating either of the following:

(a) A hearing date.

(b) A hearing is not necessary, and a fact finding report shall be based on the exhibits and briefs filed by the parties.

(3) The fact finder may amend or withdraw a notice of hearing at any time before the start of the hearing.

(4) Before the hearing, the fact finder may require the parties to prepare and submit a prehearing statement identifying the issues in dispute and each party’s position on each issue along with copies of any exhibits on which the parties intend to rely during the hearing. The fact finder may permit the submission of rebuttal or response statements and exhibits. The fact finder may also permit the submission of additional exhibits or evidence during the hearing.

(5) The hearing shall be public, but for good cause shown, may be limited to the immediate parties by the fact finder, who shall inquire into pertinent matters necessary to allow the issuance of recommendations concerning the dispute. The fact finder may follow the procedures of section 11 of LMA, MCL 423.11.

(6) A fact finding hearing shall be limited to 2 days but may be extended for good cause if determined by the bureau director in consultation with the fact finder that additional hearing days are necessary.

(7) A fact finder may grant an application for subpoenas, subpoena witnesses, administer oaths and affirmations, examine witnesses, receive relevant testimony and evidence, rule upon offers of proof, and introduce into the record documentary or other evidence. The fact finder may determine the weight, credibility, and sufficiency of evidence submitted by the parties.

(8) No official record will be made unless the parties request one, in which case, the cost of a court reporter and any other costs associated with the preparation of the record shall fully be the responsibility of the parties pursuant to R 423.138.

(9) The fact finder has the authority and powers given to the administrative law judge in R 423.172 (1) and (2).

(10) At any time during the fact finding process, the fact finder may remand the parties to further bargaining with a mediator if the fact finder believes it may be conducive to obtaining a full or partial agreement.

(11) The fact finder shall not receive, consider, or refer to a recommendation from the mediator.

(12) The fact finding hearing, including the filing of post hearing briefs, shall conclude within 90 days after the hearing commences, absent special circumstances warranting an extension of the deadline as determined by the bureau director in consultation with the fact finder.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.137 Fact finders' reports {#sec-r-423.137 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.137}

Rule 137. (1) Within 30 days after the close of the record or additional time as the bureau director may permit, the fact finder shall file a report containing all of the following:

(a) The names of the parties.

(b) A statement of findings of fact and conclusions upon all material issues presented at the hearing.

(c) A final summary sheet listing the issues in dispute, the position of each party for each issue, and recommendations with respect to each of the issues in dispute.

(d) Reasons and basis for the findings, conclusions and recommendations.

However, the parties may waive the requirements of this subdivision and the fact finder may then issue a report containing only items in subdivisions (a), (b), (c), (e) and (f) of this subrule.

(e) The date the report issued.

(f) The signature of the fact finder.

(2) The fact finder shall file the fact finding report and 2 copies with the commission in accordance with commission requirements and, at the same time, serve a copy on each of the parties.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.137a Expedited fact finding {#sec-r-423.137a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.137a}

Rule 137a. Upon motion of a party or upon the commission’s own motion, the commission may expedite the fact finding proceedings and the issuance of a fact finding report. Prior to reaching a decision to expedite a fact finding proceeding and report, the commission will consider the parties’ positions and other circumstances.

History

• History: 2014 AACS.

Mich. Admin. Code R 423.138 Costs {#sec-r-423.138 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.138}

Rule 138. (1) A fact finder shall not charge more than 2 preparation days for each day of hearing unless otherwise permitted in advance by the commission or bureau director.

(2) The costs of subpoenas and witness fees shall be borne by the party at whose request subpoenas are issued and at whose request witnesses appeared.

(3) A party may order a transcript of a deposition at its own expense. The party who requests a deposition shall pay the costs for the court reporter and for a copy of the transcript of the deposition for the fact finding hearing record.

PART 4. REPRESENTATION PROCEEDINGS

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.141 Petitions for elections {#sec-r-423.141 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.141}

Rule 141. (1) A petition for election to determine a collective bargaining representative or a petition for decertification of a collective bargaining representative shall be prepared on a form furnished by the commission. An original and 4 copies of the petition shall be filed with the commission under section 12 of PERA, section 27 of LMA, and subrule (3) of this rule.

(2) A petition for an election to determine the collective bargaining representative or for decertification shall include, insofar as known, at least all of the following information:

(a) The name of the employer.

(b) The address of the establishment involved.

(c) A description of the bargaining unit claimed to be appropriate.

(d) The name and address of persons or labor organizations who claim to represent employees in the alleged appropriate unit, and brief descriptions of the contracts, if any, covering the employees in the unit.

(e) The number of employees in the alleged appropriate unit.

(f) The name, affiliation, if any, and address of the petitioner.

(g) Any other relevant facts.

(h) Signature of petitioner or its duly authorized agent if filed by an employer.

(i) A statement that 1 or more individuals or labor organizations have presented a claim to be recognized as the bargaining representative.

(3) Where there is a collective bargaining agreement covering employees in the bargaining unit, a petition for election may be filed during the following periods:

(a) Where the petition covers employees of a public school district or public educational institution and the expiration date of the collective bargaining agreement falls between June 1 and September 30, a petition may be filed between January 2 and March 31 of the year in which the collective bargaining agreement expires.

(b) Where the petition covers public employees other than those described in subdivision (a) of this subrule, a petition shall not be filed sooner than 150 days and not later than 90 days before the expiration date of the collective bargaining agreement.

(c) Where the petition covers private employees under the LMA, a petition shall not be filed sooner than 90 days and not later than 60 days before the expiration date of the collective bargaining agreement.

(4) At the request of any party, or on the commission’s own initiative, a representative election shall be conducted by the commission, without a showing of interest and notwithstanding the existence of any collective bargaining agreement or agreements, where all of the following occur:

(a) There is a new interlocal agreement for the joint exercise of power entered into under 1967 PA 7, MCL 124.501 to 124.512; or, a new intergovernmental transfer of functions and responsibilities under 1967 PA 8, MCL 124.531 to 124.536; or, the creation of a new authority for the purpose of providing emergency services to municipalities under 1988 PA 57, MCL 124.601 to 124.614.

(b) Multiple labor organizations assert the right to represent all or a part of the workforce or a substantial portion of the transferred employees were not previously represented.

(c) No voluntary agreement exists.

(5) The commission shall determine the appropriate unit pursuant to R 423.146.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.142 Petitions for self-determination elections {#sec-r-423.142 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.142}

Rule 142. (1) A petition for an election to determine whether existing bargaining units represented by a single labor organization should be merged may be filed by the labor organization representing these units. A petition for a self-determination election shall be prepared on a form furnished by the commission.

(2) A petition for a self-determination election shall include at least all of the following information:

(a) The name of the employer.

(b) The address of the establishment involved.

(c) Descriptions of the bargaining units sought to be merged.

(d) The approximate number of employees in each existing unit.

(e) A statement that the petitioner is the currently recognized bargaining representative for the units in question.

(f) The name, affiliation, if any, and address of the petitioner.

(g) Any other relevant facts.

(h) Signature of petitioner or its duly authorized agent.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.143 Petitions for unit clarification {#sec-r-423.143 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.143}

Rule 143. (1) A petition to determine the unit placement of a disputed position or classification may be filed by the employer or by a labor organization representing an existing bargaining unit. A petition for unit clarification shall be prepared on a form furnished by the commission.

(2) A petition for unit clarification shall include at least all of the following information:

(a) The name of the employer.

(b) The employer's address.

(c) The position or positions whose unit status petitioner seeks to have clarified.

(d) A statement of the clarification sought, and the reasons set out in detail with the approximate dates the position was created or substantially changed.

(e) Whether the position whose status is to be clarified is currently included in any bargaining unit, and, if so, a description of that unit and the name of the labor organization currently representing that unit.

(f) A description of any bargaining unit that may be affected.

(g) The name, affiliation, if any, and address of the petitioner.

(h) Any other relevant facts.

(i) Signature of petitioner or its duly authorized agent.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.144 Investigation of petitions; consent election agreements {#sec-r-423.144 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.144}

Rule 144. The commission or its designee shall investigate the petition. If there is reasonable cause that a question concerning representation exists, then the petitioner and the other parties may, with the approval of the commission or its election agent, enter into a consent election agreement on a form furnished by the commission. The agreement shall include a description of the appropriate bargaining unit, the payroll period to be used in determining the employees within the appropriate unit who shall be eligible to vote, and such other matters as the commission considers appropriate. The time, place, and manner of the election shall be determined by the commission or its designee after consultation with the parties.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.145 Showing of interest; intervenors {#sec-r-423.145 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.145}

Rule 145. (1) A petition for an election to determine a collective bargaining representative, except when filed by an employer, or a decertification petition shall be supported by a showing of interest existing at the time of the filing of the petition of at least 30% of the employees in the unit claimed to be appropriate. A showing of interest is not required for a self-determination election petition.

(2) Evidence of interest shall be submitted at the time of filing a petition. Unless an original showing of interest is received within 48 hours of the filing, the petition will be dismissed.

(3) “Intervenor”, as used in this rule, means a labor organization that seeks to appear on the ballot.

(4) Only an employee, group of employees, individual, or labor organization is eligible to become an intervenor to the election by filing a petition supported by a showing of interest of not less than 10% of the employees within the proposed unit. An intervenor may participate in all conferences and any hearings that may be held. The signature of an intervenor is not required on a consent election agreement unless the intervenor demonstrates to the commission that 30% or more of the employees in the unit claimed to be appropriate wish to be represented by the intervenor, in which event, the intervenor's signature on the consent election agreement is required. The determination with respect to the statutory 30% or an intervenor's 10% showing of interest is an administrative action and shall be made exclusively by the commission or its agent.

Once a consent election agreement has been signed by all required parties known to the commission, an interested party shall file a written request to intervene and provide a showing of interest within 2 business days of the date of the consent. The date of the consent is the date on which the last required signed copy of the consent agreement is received by the commission. Intervention may be permitted after 2 business days with the agreement of all parties and the approval of the commission or its agent or with the approval of the commission upon a showing of good cause. An intervenor who has not less than a 10% showing of interest but less than 30%, may file a motion with the commission and serve a copy on each of the other parties within 48 hours after a consent election agreement is signed alleging reasons for disallowance of the consent election agreement and requesting a hearing. The commission, or its agent, shall determine whether the petition establishes good cause for holding a hearing. If the commission or its agent decides to hold a hearing on the petition, then the consent election agreement shall be suspended pending disposition of the case by the commission.

(4) Intervention will not be allowed after the close of the hearing without the agreement of all parties and the approval of the commission or its agent, or the approval of the commission upon a showing of good cause.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.146 Hearing on election petition {#sec-r-423.146 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.146}

Rule 146. (1) If a consent election agreement is not executed by the required parties, the petition for election shall be referred to an administrative law judge, who, after due notice, may hold a hearing for the purpose of gathering facts on the matters in dispute. R 423.171, R 423.172, R 423.173, and R 423.174 apply to all hearings conducted under this rule. A notice of hearing or other notice shall be served upon all interested parties including any intervenor. The notice of hearing shall set the time, date, and place of the hearing, and, unless by agreement of the parties or in case of special circumstances, the time shall be not less than 5 days after service of the notice.

(2) The commission or its agent may consolidate representation and unfair labor practice proceedings for hearing and decision.

(3) In addition to the duties and powers enumerated in R 423.172, an administrative law judge presiding over a hearing involving an election petition may take evidence regarding issues not specifically raised by the parties.

(4) After the hearing closes, or where there is no material dispute of fact, the commission shall determine the matters in dispute and direct an election, dismiss the petition, or make other disposition of the matter as the commission deems appropriate.

The commission may reopen a proceeding under R 423.166 or R 423.167.

(5) If a motion for reconsideration or rehearing of a commission order directing an election is filed, then the commission, during its consideration of the motion, shall conduct the election under its original direction, count the ballots, and issue a certification of results or representation unless a party makes a written request to stay the election or impound the ballots, or both, and the commission determines that it would not effectuate the purpose of the statute to conduct an election or count the ballots, or both, while the motion is pending.

(6) If an appeal of a commission order directing an election is filed with a court, then the commission shall conduct the election under its original direction, count the ballots, and issue a certification of results or representative unless a stay is issued by the court.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.147 Elections; general procedures {#sec-r-423.147 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.147}

Rule 147. (1) An election shall be conducted under the supervision and direction of a designee of the commission and shall be by secret ballot.

(2) At least 7 days before the date of an election, or the date of the mailing of the ballots in a mail ballot election, excluding Saturdays, Sundays, and legal holidays, the employer shall submit to the commission and other interested parties a list of the names and addresses of all eligible voters in alphabetical order. This requirement may be modified by mutual agreement of the parties, or by order of the commission, or its agent.

(3) A sample ballot and notice of election, setting forth the date, time, place, and purpose of the election shall be posted in a prominent place or places, as the commission or its designee shall determine, in the employer's establishment, not less than 5 days before the date of the election, or the date of the mailing of the ballots in a mail ballot election, unless modified by mutual agreement of the parties or by order of the commission or its designee.

(4) The commission may conduct an election in whole or in part by mail ballot by order of the commission, or as determined by its designee after consultation with the parties.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.148 Observers and challenges {#sec-r-423.148 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.148}

Rule 148. (1) The parties to the election may each designate a representative, but not a supervisor or full-time labor organization representative unless by mutual agreement of the parties, to observe that ballots are properly cast and votes properly counted. Observers are subject to such reasonable limitations as the election agent may prescribe.

(2) An authorized observer, the commission, or the election agent, before the time the voter's ballot is cast, or before the time the ballots are counted in the case of a mail ballot election, may challenge for good cause the eligibility of any person to participate in the election. A person challenged as an ineligible voter shall be permitted to vote in secret, and the election agent shall set aside the ballot, with appropriate markings. If it is determined by the commission or its election agent that the challenged ballot, or ballots, is decisive of the result, then the commission shall determine the merits of any challenged ballot and decide whether or not the person is an eligible voter.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.149 Ballot boxes and ballots {#sec-r-423.149 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.149}

Rule 149. (1) The commission’s designee shall examine the ballot boxes before the opening of the polls and in the presence of any observers. The boxes shall be sealed at the opening of the polls.

(2) The commission’s designee shall privately assist any voter in marking a ballot when the voter states under oath, duly administered by the election agent, that the voter is incapable of marking the ballot because of physical disability or inability to read or write.

(3) A voter shall designate a choice on the ballot by making a cross (X) or check mark (√) in the selected circle or block. The intent of the voter shall be followed in the marking of the ballot. If the ballot is defaced, torn, marked in a manner that is not understandable, or identifies the voter, then the ballot shall be declared void. If a ballot is inadvertently spoiled by a voter, it may be returned to the election agent, who shall provide another ballot. The spoiled ballot shall be preserved for the time of counting.

(4) A voter shall fold the ballot so that no part of its face is exposed, and, on leaving the polling booth, shall personally deposit the ballot in the ballot box. If the election is continued for more than 1 period, the ballot box shall remain sealed until the subsequent opening of the polls, and shall so remain in possession of the election agent until time for the counting of the ballots.

(5) An absentee ballot shall be mailed to an individual eligible to vote upon written notice to the commission of the inability to be present at the election because of sickness, physical disability, military leave or other circumstance as agreed upon by the parties to the election with the approval of the commission or designee. The voted ballot shall be mailed or delivered by the absentee voter to the commission not later than the designated deadline date and time using the official envelopes provided for this purpose. The envelopes containing the ballots shall be opened at the time of the counting of the ballots.

(6) In a mail ballot election, to be valid, each voted ballot shall be personally and individually mailed or delivered by the voter to the commission in the official envelopes provided for this purpose. The time for counting the ballots shall be determined by the commission’s designee.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.149a Counting of ballots; election results {#sec-r-423.149a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.149a}

Rule 149a. The commission’s designee shall count the ballots as soon after the polls have closed as practicable, or as provided under R 423.149(6). The commission’s designee shall announce the results of the election as soon as the complete results have been tabulated. The election agent shall furnish to the parties a tabulation of results signed by the observers and the election agent. The commission shall furnish the parties with a certification of representative or results.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.149b Objections to elections; rerun and runoff elections {#sec-r-423.149b omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.149b}

Rule 149b. (1) Within 5 days after the election results have been tabulated and furnished to the parties, excluding Saturdays, Sundays, and legal holidays, an interested party may file objections to the conduct of the election or to conduct improperly affecting the results of the election.Objections shall be in writing and shall contain a statement of facts upon which the objections are based and the reasons for the objections. A signed original and 4 copies of the objections shall be filed with the commission, and the party filing objections shall at the same time serve a copy upon each of the other parties to the election with proof of service to the commission.

(2) R 423.171, R 423.172, R 423.173, and R 423.174 shall apply to all hearings conducted under this rule. After the close of the hearing, the commission shall issue its decision with regard to the challenges or objections, or both.

(3) If the commission orders that any challenged ballots be opened and counted, an amended tabulation of election results and an appropriate certificate of results of the election shall be issued.

(4) If the commission sustains objections to an election, it may direct a new election, to be held at such time and under such circumstances and conditions as it deems appropriate. For a runoff or rerun election, the commission may maintain the same eligibility date or establish a new eligibility date for voters.

(5) A runoff election shall be conducted without further order of the commission when an election in which the ballot provided for fewer than 3 choices (for example, at least 2 representatives and "neither") resulted in no choice receiving a majority of the valid votes cast and no objections are filed as provided in this rule.

(6) Employees who were eligible to vote in the election and who are in an eligible category on the date of the runoff election shall be eligible to vote in the runoff election.

(7) The ballot in the runoff election shall provide for a selection between the 2 choices receiving the largest and second largest number of valid votes cast.

(8) Upon the conclusion of the runoff election, this rule shall govern, insofar as applicable.

PART 5. UNFAIR LABOR PRACTICE CHARGES

History

• History: 2002 AACS.

Mich. Admin. Code R 423.151 Filing, contents, and service {#sec-r-423.151 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.151}

Rule 151. (1) A charge that a person has engaged in or is engaging in an unfair labor practice in violation of LMA or PERA, may be filed with the commission. The charge shall, except for good cause shown, be prepared on a form furnished by the commission. Attachments submitted with a charge shall not exceed 25 pages and shall comply with R 423.184. An original and 4 copies of the charge shall be filed with the commission.

(2) A charge shall include, insofar as known, all of the following information:

(a) The name, mailing address, affiliation or title, if any, and signature of a charging party or representative.

(b) The name and mailing address of each charged party.

(c) A clear and complete statement of the facts which allege a violation of LMA or PERA, including the date of occurrence of each particular act, the names of the agents of the charged party who engaged in the violation or violations and the sections of LMA or PERA alleged to have been violated.

(d) Any other information requested on the form furnished by the commission.

(3) Upon filing of a charge, the charging party shall timely and properly serve a copy of the charge and any attachments upon the parties being charged as prescribed in R 423.182, and shall file with the commission a statement that service was completed pursuant to this rule.

(4) Filing and service shall be effected by the charging party within the applicable 6-month limitation period.

(5) Failure to comply with this rule may result in either rejection of a charge by the commission or bureau director, or in dismissal of a charge without a hearing.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.152 Complaint {#sec-r-423.152 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.152}

Rule 152. After a charge is filed, the commission or an administrative law judge designated by the commission may serve upon each named respondent a complaint, a copy of the charge upon which the complaint is based, and a notice of hearing, or, at the discretion of the commission or administrative law judge, a complaint, a copy of the charge upon which the complaint is based, and a notice of prehearing conference. The notice of hearing shall fix the place of hearing at a time not less than 5 days from service thereof. The notice of prehearing conference shall fix the time, date, and place of prehearing conference at a time at least 5 days from service thereof. The commission or administrative law judge designated by the commission may effectuate service of these documents by facsimile transmission with the permission of the person receiving the documents.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.153 Amendments to charges {#sec-r-423.153 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.153}

Rule 153. (1) The charging party may file an amended charge before, during, or after the conclusion of the hearing. All amendments made before or after hearing shall be in writing and shall, except for good cause shown, be prepared on a form furnished by the commission. An original and 4 copies of the amended charge shall be filed with the commission and a copy served on each party. Amendments made at hearing shall be made in writing to the administrative law judge or stated orally on the record.

(2) If a request to amend a charge is made in writing, each party opposing the request shall file with the commission a signed original and 2 copies of its objection within 10 days after receipt of the request to amend, and at the same time shall serve a copy of the objection on each party.

(3) Proposed amendments to a charge that are submitted in writing shall clearly indicate any deletions from or additions to the original charge.

(4) The commission or administrative law judge designated by the commission may permit or deny the request to amend upon such terms as are just and consistent with due process.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.154 Withdrawal of charges {#sec-r-423.154 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.154}

Rule 154. (1) The charge may be withdrawn by the charging party at any time before the issuance of a proposed decision and recommended order upon approval by the administrative law judge, subject to review by the commission. Any party seeking commission review of an order granting withdrawal must file an objection within 10 days after the issuance of the order granting withdrawal.

(2) The charge may be withdrawn by the charging party following the issuance of a proposed decision and recommended order upon approval by the commission. Upon agreement of the parties, the commission may withhold publication of the decision and recommended order of the administrative law judge. Final determination on publication of the decision and recommended order shall rest solely with the commission.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.155 Answers {#sec-r-423.155 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.155}

Rule 155. (1) Each respondent may file with the commission a signed original and 4 copies of an answer to the complaint and attached charge within 10 days after receipt thereof, and at the same time shall serve a copy of the answer on each party.

Upon good cause shown, the commission or administrative law judge designated by the commission may grant an extension of time in which to file the answer. Failure to file an answer shall not constitute an admission of any fact alleged in the charge, nor shall it constitute a waiver of the right to assert any defense.

(2) The answer shall include a specific admission, denial, or explanation of each allegation of the complaint and attached charge, or if the respondent is without knowledge thereof, it shall so state and the statement shall operate as a denial. An admission or denial may be to all or any part of any allegation, but shall fairly meet the substance of the allegation. The answer shall include a specific, detailed statement of each affirmative defense.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.156 Amendments to answers {#sec-r-423.156 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.156}

Rule 156. (1) The commission or administrative law judge designated by the commission may permit or require a respondent to amend the answer before or during the hearing, or at any time prior to issuance of the administrative law judge's recommended order, within a period of time fixed by the administrative law judge.

(2) An original and 4 copies of the amended answer shall be filed with the commission and a copy served on each party.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.157 Joinder of parties {#sec-r-423.157 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.157}

Rule 157. Persons having such an interest in the subject of the action that their presence in the action is essential to permit the commission to render complete relief shall be made parties and aligned as charging parties or respondents in accordance with their respective interests. If the persons have not been made parties, then the commission or administrative law judge shall, on motion of either party, order them to appear in the action, and may prescribe the time and order of pleading.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.158 Prehearing conference {#sec-r-423.158 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.158}

Rule 158. (1) The commission or an administrative law judge designated by the commission may direct the parties to appear for a prehearing conference, file a position statement, or both. The prehearing conference may resolve any matter upon which the parties agree or which the commission or administrative law judge may determine is proper for resolution.

(2) Failure to comply with a prehearing order may result in dismissal of the charge or the granting of relief in favor of the charging party.

PART 6. MOTION PRACTICE

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.161 General provisions {#sec-r-423.161 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.161}

Rule 161. (1) An application to the commission for an order other than that sought for by the unfair labor practice charge shall be by motion. Examples of such motions are set forth in R 423.162 to R 423.167.

(2) All motions made before or after hearing shall be in writing and shall state with particularity the grounds upon which the motion is based and the relief sought. A motion that presents an issue of law shall be accompanied by a brief citing the authority on which it is based. All motions and briefs made before the hearing shall be served as provided in R 423.182.

(3) Each adverse party may file a written brief in opposition to any motion made before or after hearing. The brief shall be filed within 10 days after service of the motion, or within any other period as specified by the commission or administrative law judge designated by the commission, and served as provided in R 423.182.

(4) Motions made before or after hearing shall be ruled upon without notice or oral argument. A request for oral argument by either party shall indicate “oral argument requested” in bold capital letters on the first page under the caption of the motion, response, or other pleading. If the request is granted, the commission or administrative law judge designated by the commission will serve a notice of hearing upon all parties.

(5) All motions made at hearing shall be made in writing to the administrative law judge or stated orally on the record.

(6) All pleadings to the administrative law judge shall include 1 original, and 1 copy, unless otherwise directed.

(7) Rulings by an administrative law judge on any motion, except a motion resulting in a ruling dismissing or sustaining the unfair labor practice charge in its entirety, shall not be appealed directly to the commission, but shall be considered by the commission only if raised in exceptions or cross exceptions to the proposed decision and recommended order filed under R 423.176.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.162 Motion for more definite statement {#sec-r-423.162 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.162}

Rule 162. If an unfair labor practice charge fails to comply with R 423.151, the administrative law judge may by his or her own motion, or on the motion of the respondent, order the filing of a more definite statement of the charge or an amended charge. Respondent shall certify that it has already sought a more definite statement of the charge from charging party before bringing its motion.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.163 Motion to strike {#sec-r-423.163 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.163}

Rule 163. The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order stricken from the pleadings redundant, immaterial, impertinent, scandalous, or indecent matter or may strike all or part of a pleading not drawn in conformity with these rules.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.164 Motion to consolidate or sever {#sec-r-423.164 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.164}

Rule 164. The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order that a charge and any proceeding which may have been initiated with respect thereto, be consolidated with any other proceeding which may have been instituted thereto, or be severed from any other proceeding with which it may have been consolidated under this rule. The commission or administrative law judge designated by the commission shall grant such motion only if the consolidation or severance will promote the just, economical, and expeditious determination of the issues presented.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.165 Motion for summary disposition {#sec-r-423.165 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.165}

Rule 165. (1) The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order dismissal of a charge or issue a ruling in favor of the charging party. Such a motion, or order to show cause, may be made at any time before or during the hearing.

(2) A motion for summary disposition made under this rule may be based upon 1 or more of the following reasons and may require a supporting affidavit:

(a) The commission lacks jurisdiction over a party.

(b) The commission lacks jurisdiction over the subject matter of the charge.

(c) The charge is barred because of the expiration of the applicable period of limitations.

(d) The charging party has failed to state a claim upon which relief can be granted.

(e) The respondent has filed a pleading that demonstrates it does not have a valid defense to the charge.

(f) Except as to the relief sought, there is no genuine issue of material fact.

(g) A charge or defense to a charge has been abandoned for failure to appear for hearing or pre-hearing conference.

(h) A party fails to timely respond to a dispositive motion or a show cause order or other order, including an order requiring the filing of a pre-hearing position statement or a post-hearing brief.

(3) If the motion for summary disposition is filed before the hearing, then the commission or administrative law judge designated by the commission may issue an order to the nonmoving party to show cause why summary disposition should not be granted. If a response to the order is not filed in a timely manner, then the motion shall be considered and decided without oral argument.

(4) If the motion for summary disposition is denied, or if the proposed decision and order does not dispose of the entire action or grant all of the relief demanded, then the action shall proceed to hearing according to part 7 of these rules.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.166 Motion for reopening of record {#sec-r-423.166 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.166}

Rule 166. (1) A party to a proceeding may move for reopening of the record following the close of a hearing conducted under Part 7 of these rules.

(2) The motion shall be filed with either of the following:

(a) The assigned administrative law judge if before the issuance of a decision and recommended order.

(b) The commission after the issuance of a decision and recommended order.

(3) A motion for reopening of the record may be granted only upon a showing of all of the following:

(a) The additional evidence could not with reasonable diligence have been discovered and produced at the original hearing.

(b) The additional evidence itself, and not merely its materiality, is newly discovered.

(c) The additional evidence, if adduced and credited, would require a different result.

(4) Any motion pursuant to this rule shall not be filed more than 21 days after the issuance of the commission's final order, except as provided under section 216(c) of PERA or section 23(2)(e) of LMA.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.167 Motion for reconsideration following commission decision {#sec-r-423.167 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.167}

Rule 167. A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon. Generally, and without restricting the discretion of the commission, a motion for reconsideration which merely presents the same issues ruled on by the commission, either expressly or by reasonable implication, will not be granted. Any motion pursuant to this rule shall not be filed later than 20 days after the issuance of the commission's final order, except as provided under section 216(c) of PERA or section 23(2)(e) of LMA. The filing and pendency of a motion under this rule shall not operate to stay the effectiveness of the action of the commission unless so ordered.

PART 7. HEARINGS

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.171 General provisions {#sec-r-423.171 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.171}

Rule 171. (1) A hearing for the purpose of taking evidence upon a petition or complaint and attached charge shall be conducted by the commission or administrative law judge designated by the commission. The hearing shall be public unless otherwise ordered by the commission or administrative law judge for good cause shown.

(2) A party may do all of the following:

(a) Appear at a hearing in person, by counsel, or by other representative.

(b) Call, examine, and cross-examine witnesses.

(c ) Introduce into the record documentary or other evidence.

(3) A party may introduce stipulations of fact into evidence at a hearing with respect to any issue at the discretion of the commission, administrative law judge, or fact finder.

(4) An objection to conduct of a hearing, including an objection to introduction of evidence, may be oral or written, and be accompanied by a short statement of the grounds to the objection, and shall be included in the record.

(5) Witnesses subpoenaed before the commission, administrative law judge, or fact finder shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of the state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time the witness testifies.

(6) Except as authorized by law, an administrative law judge or other agent of the commission shall not make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. An administrative law judge or other agent of the commission who makes or receives an ex parte communication shall place it in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the administrative law judge or other agent of the commission shall disqualify himself or herself from further involvement in the matter.

(7) When a court has issued injunctive relief in aid of the commission’s jurisdiction related to a pending case, either party may seek and may be granted expedited proceedings on the underlying unfair labor practice charge on such terms as may be considered appropriate by the bureau director and the assigned administrative law judge.

(8) The record of any hearing or proceeding shall be taken pursuant to all of the following:

(a) Certification. Only official court reporters certified in accordance with the state court administrative office (SCAO) may record or prepare transcripts of proceedings held by or on behalf of the commission pursuant to these rules. Official court reporters shall, at a minimum, be designated as a certified shorthand reporter (CSR), certified steno mask reporter (CSMR), or certified electronic recorder (CER) as defined by SCAO. The signature line on the certification shall be signed by the court reporter who physically appeared at the proceedings and shall contain a current certification number issued by the SCAO as assigned to that reporter.

(b) Attendance at hearing. A court reporter satisfying the certification requirements specified in subrule (8)(a) of this rule shall attend all hearings conducted by or on behalf of the commission and take a verbatim record of the proceedings, including, but not limited to, opening statements, witness testimony, final arguments, and the reasons given by the administrative law judge for granting or refusing any motion made by a party during the course of hearing.

(c) Furnishing transcript. The court reporter shall furnish within 10 business days, in verbatim record, a transcript of the proceedings or any part of the proceedings taken by him or her to any party on request. A party ordering the transcript shall make satisfactory arrangements with the court reporter for payment of the cost of the transcript.

(d) Filing transcript. The court reporter shall file with the commission and the administrative law judge an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.172 Duties and powers of administrative law judge or fact finder {#sec-r-423.172 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.172}

Rule 172. (1) An administrative law judge or fact finder shall inquire fully into the facts involved in the proceeding before him or her.

(2) An administrative law judge or fact finder has the power to do all of the following:

(a) Hold pretrial conferences for settlement or clarification of the issues, either in person or by telephonic or electronic means, and may order the filing of position statements to aid in the pretrial or hearing process.

(b) Dispose of procedural requests, motions, or similar matters.

(c) Continue or adjourn a hearing to a later date.

(d) Take or cause depositions to be taken when the ends of justice would be served thereby.

(e) Grant applications for subpoenas, subpoena witnesses, administer oaths and affirmations, examine witnesses, receive relevant testimony and evidence, rule upon offers of proof, and introduce into the record documentary or other relevant evidence.

(f) Regulate the course of a hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct.

(g) Order a hearing reopened before issuance of an administrative law judge's recommended order or fact finder's report.

(h) Take official notice of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either generally recognized or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

(i) Take official notice of common law, administrative law, constitutions, public statutes, private acts, resolutions of public bodies, ordinances, and regulations.

(j) Take any other action necessary and authorized by rules of the commission.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.173 Oral argument at hearing and briefs {#sec-r-423.173 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.173}

Rule 173. A party is entitled upon request to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. A party is entitled, upon request made before the close of the hearing, to file a brief with the administrative law judge, who may fix a reasonable time for the filing. The commission or administrative law judge may direct the filing of briefs when the filing is, in the opinion of the commission or administrative law judge, warranted by the nature of the proceedings or the particular issues involved. An original and 2 copies shall be submitted for any brief filed in a representation proceeding under part 4 of these rules, unless additional copies are requested.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.174 Rescinded {#sec-r-423.174 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.174}

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.175 Unfair labor practice case decisions and recommended orders {#sec-r-423.175 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.175}

Rule 175. (1) In an unfair labor practice case, the administrative law judge shall prepare a decision and recommended order setting forth findings of fact, conclusions of law, and the reasons for his or her determination on all material issues.

(2) The administrative law judge may recommend dismissal or sustain the complaint and attached charge, in whole or in part, and recommend that respondent cease and desist from the unlawful acts found and take action to remedy their effects, including reinstatement of employees with or without back pay, as appropriate.

(3) In the interest of judicial economy, the administrative law judge may issue a decision from the bench following the conclusion of an oral argument or an evidentiary hearing, unless a party requests to file a post hearing brief. The bench decision does not constitute a decision and recommended order until it is incorporated into a written order.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.176 Exceptions to administrative law judge's decision and recommended orders; cross exceptions and response; brief in support {#sec-r-423.176 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.176}

Rule 176. (1) Any party may file written exceptions to the decision and recommended order of the administrative law judge, or to any other part of the record or proceedings, including rulings upon motions or objections, and a brief in support thereof.

Except as permitted by order of the commission, the combined length of the exceptions and brief is limited to 50 pages, exclusive of tables, indexes and appendixes. The exceptions and brief shall conform to the form and style in R 423.184.

(2) An original and 4 copies of the exceptions and brief shall be filed with the commission, along with all of the following documents:

(a) Two copies of each exhibit, if any, admitted, or offered and marked at hearing by either party.

(b) Two copies of each party’s post-hearing briefs.

(c) Two copies of all of the following documents:

(i) Any motion that resulted in a ruling by the administrative law judge dismissing or sustaining the unfair labor practice in whole or part.

(ii) Any brief in support of the motion.

(iii) The response to the motion filed by the opposing party or parties.

(d) Copies of the exceptions and brief and a list of the other documents filed with the exceptions shall be served at the same time on each party to the proceedings, and a statement of service shall be filed under R 423.182 (3) Exceptions and the supporting documents in subrule (2) of this rule shall be filed with the commission, and not with the administrative law judge, within 20 days of service of the decision and recommended order.

(4) Exceptions shall be in compliance with all of the following provisions:

(a) Set forth specifically the question of procedure, fact, law, or policy to which exceptions are taken.

(b) Identify that part of the administrative law judge's decision and recommended order to which objection is made.

(c) Designate, by precise citation of page, the portions of the record relied on.

(d) State the grounds for the exceptions and include the citation of authorities, if any, unless set forth in a supporting brief.

(5) A brief in support of exceptions shall contain only matter included within the scope of the exceptions and shall contain, in the sequence indicated, all of the following:

(a) A title page, stating the full title of the case, including the name of the administrative law judge and the case number.

(b) An index of authorities, listing, in alphabetical order, all case authorities cited, with the complete citations including the years of decision, and all other authorities cited, with the number of the pages where they appear in the brief.

(c) A statement of the questions involved and to be argued.

(d) A clear and concise statement of facts. All material facts, both favorable and unfavorable, shall be fairly stated without argument or bias. The statement shall contain specific page references to the transcript and the legal or other material relied on.

(e) The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page references to the transcript and the legal or other material relied on.

(6) An exception to a ruling, finding, conclusion, or recommendation that is not specifically raised is waived.

(7) An exception that fails to comply with this rule may be disregarded.

(8) Within 10 days after service of exceptions, a party may file 1original and 4 copies of cross exceptions and briefs in support thereof, or 1 original and 4 copies of a brief or legal memorandum in support of the decision and recommended order. Copies of these documents shall be served on each party to the proceedings.

(9) Within 10 days after service of cross exceptions, an opposing party may file 1 original and 4 copies of a brief or legal memorandum responding specifically to the issues raised in the cross exceptions that were not addressed in the exceptions.

(10) An amicus curiae brief may be filed on motion granted by the commission. The motion and proposed brief shall be filed within 20 days of the date that the brief in support of the decision and recommended order is due. The brief is limited to the issues raised by the parties.

(11) The commission may, on its own motion, reopen a record in any case and receive further evidence, may close the case upon compliance with the administrative law judge's recommended order, or may make other disposition of the case.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.176a Extension of time to file certain pleadings after issuance of decision and recommended order {#sec-r-423.176a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.176a}

(1) A party may file with the commission a written request for an extension of time to file 1 of the following:

(a) Exceptions.

(b) Cross exceptions and supporting brief.

(c) Brief or legal memorandum in support of the decision and recommended order.

(d) Responses to cross exceptions.

(2) Written requests to extend the filing deadline for such pleadings shall be filed with the commission and served on the other party before the expiration of the filing deadline.

(3) One 30-day extension may be granted, unless a shorter period is ordered by the commission.

(4) The new filing deadline shall apply to all parties and no subsequent extensions of time for filing that same form of pleading shall be granted unless all parties to the case consent to the additional extension of time or the requesting party shows exceptional circumstances, which justify another extension under subrule (5) of this rule.

(5) Exceptional circumstances for the purposes of a subsequent extension of time under this rule include any of the following:

(a) Severe injury, severe illness, or death of an individual who is either a party or party representative.

(b) Severe injury, severe illness, or death of a member of that individual's immediate family or household.

(c) Similarly dire circumstances.

(6) Medical documentation supporting an assertion of a severe injury or illness shall be submitted with any request for a subsequent extension unless all parties to the case have consented to the additional extension.

History

• History: 2014 AACS.

Mich. Admin. Code R 423.177 Compliance and enforcement {#sec-r-423.177 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.177}

Rule 177. (1) A compliance request made under this rule shall be limited to a controversy concerning the meaning, interpretation, or scope of a commission order. A request for enforcement of a commission order shall be made in the court of appeals under MCL 423.216(d) and MCL 423.23(2)(e). Both of the following apply:

(a) If, at any time after entry of a commission order or entry of a final court judgment enforcing a commission order, a controversy exists between the parties concerning compliance with the order which cannot be resolved without a formal proceeding, the prevailing party may request that the commission conduct a hearing on such issues.

(b) An original and 4 copies of the a request shall be filed with the commission, together with a proof of service of a copy on all other parties, as prescribed in R 423.181 and R 423.182.

(2) If the controversy concerns the amount of back pay due, then the request for compliance shall specifically and in detail show, for each employee, the back pay periods broken down by calendar quarters, the specific figures and basis of computation of gross back pay, and the interim earnings and expenses for each quarter, the net back pay due, and any other pertinent information.

(3) If the controversy concerns matters other than the amount of back pay due, then the request shall contain a clear and concise description of the respects in which the respondent has failed to comply with a commission or court order, including the remedial acts claimed to be necessary for compliance by the respondent.

(4) Each respondent alleged in the request to have compliance obligations shall, within 10 days of service of the request, file an original and 4 copies of an answer with the commission, together with proof of service of copies of such documents on all other parties. The answer shall specifically admit, deny, or explain each allegation in the request, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. As to all matters within the knowledge of the respondent, including but not limited to the various factors entering into the computation of gross back pay, a general denial shall not suffice. As to such matters, if the respondent disputes either the accuracy of the figures in the request or the premises upon which they are based, the answer shall specifically state the basis for such disagreement, setting forth in detail the respondent's position as to the applicable premises and furnishing the appropriate supporting figures.

(5) If the respondent fails to file any answer to the request within the time prescribed by this rule, then the commission may, either with or without taking evidence in support of the allegations in the request for compliance and, without further notice to the respondent, enter an appropriate order. If the respondent files an answer to the specification but fails to deny any allegation in the request in the manner required by subrule (4) of this rule, and the failure to deny is not adequately explained, then such allegation shall be admitted as true, and may be found by the commission without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting the allegation.

(6) Upon proper cause shown by any party, the commission may by written order extend the time within which the answer to the request for compliance is filed.

(7) After the filing of a request for compliance and the issuance of a notice of hearing, the requirements in part 7 shall be followed as applicable.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.178 Oral argument before commission {#sec-r-423.178 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.178}

Rule 178. If a party desires to argue orally before the commission, a written request shall accompany the exceptions, cross exceptions, or the brief in support of the decision and recommended order, and at the same time, the request shall be served on all other parties. The request must indicate “oral argument requested” in bold capital letters on the first page of the pleading under the caption. The commission, on its own motion, may also direct oral argument. The commission shall notify the parties of the time and place of oral argument. The commission may limit the time for oral argument by each party.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.179 Commission action {#sec-r-423.179 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.179}

Rule 179. (1) Upon the filing of exceptions or cross exceptions, the commission may adopt, modify, or reverse the administrative law judge's decision and recommended order, or grant such other relief as the commission deems necessary to effectuate the purposes of the act.

(2) If the commission identifies an issue not raised by the parties, it may on its own motion direct the parties to file briefs on the issue, or remand the matter to the administrative law judge for additional findings of fact.

PART 8. FILING, SERVICE, RENTENTION, AND DISPOSAL OF

DOCUMENTS

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.181 Filing of documents and other pleadings {#sec-r-423.181 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.181}

Rule 181. (1) "Filing" of a document, pleading, or other paper with the commission is considered complete on the date it is delivered to any office of the commission and received and accepted by the commission, administrative law judge, or other agent designated to receive the document, with the intent to enter it in the record.

Filing may be accomplished by hand delivery, registered, certified or regular mail, private delivery service, or any other means specifically authorized by the commission or an administrative law judge designated by the commission.

(2) When LMA, PERA, or any of these rules require the filing of an original and extra copies of a document, filing is considered complete on the date a copy is filed, but the original and remaining copies shall be filed within 5 business days.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.182 Service of documents and other pleadings {#sec-r-423.182 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.182}

Rule 182. (1) Service on any party or parties of any document authorized or required by LMA, PERA, or these rules, except service required by section 9 of LMA, may be effected by hand delivery, registered, certified or regular mail, private delivery service, or by leaving a copy at the principal office or place of business of the person required to be served, or by any other means specifically authorized by the commission or an administrative law judge designated by the commission. Service required by section 9 of LMA shall be made as prescribed therein.

(2) Where service of any document or pleading, other than an unfair labor practice charge filed under R 423.151, is effected by mail or private delivery service, the date of service is the date of deposit with the United States post office or other carrier. For service of an unfair labor practice charge filed under R 423.151, or where service of any document or pleading is effected by hand, by facsimile transmission, or by any other method authorized by these rules, the date of service is the date of receipt.

(3) The person or party serving the papers or process on other parties under this rule shall submit a written statement of service with the commission or assigned administrative law judge designated by the commission stating the names of the parties served and the date and manner of service. The statement of service may be included at the end of the document at filing. Failure to timely file a statement of service will not affect the validity of service.

(4) If, subsequent to the receipt of the statement of service, a question is raised with respect to proper service, then the person or party serving the papers or process on other parties in conformance with this rule shall submit a proof of service. When service is made by registered or certified mail, the return post office receipt shall be proof of service. When service is made by private delivery service, the receipt from that service showing delivery shall be proof of service. When service is made in any other manner authorized by these rules, verified proof of service shall be made by oath or affirmation of the person or party serving the papers or process. Disputes with respect to proper service will be resolved by the commission or administrative law judge designated by the commission.

(5) The commission or administrative law judge designated by the commission may decline to consider any document or pleading not served in accordance with these rules.

The commission or administrative law judge designated by the commission shall decline to consider any unfair labor practice charge filed under R 423.151 that is not served within the applicable period of limitations.

History

• History: 2002 AACS; 2014 AACS.

Mich. Admin. Code R 423.183 Computation of time {#sec-r-423.183 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.183}

Rule 183. In computing any period of time prescribed or allowed by LMA, PERA, or these rules, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day, which is neither a Saturday, Sunday, nor legal holiday.

When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Whenever a party has the right or is required to do some act within a prescribed period after being served with a document or pleading by mail, 3 days shall be added to the prescribed period. However, 3 days shall not be added if any extension of time has been granted.

History

• History: 2002 AACS.

Mich. Admin. Code R 423.184 Form and style of motions, briefs, and other pleadings {#sec-r-423.184 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.184}

Rule 184. (1) Motions and briefs filed with the commission or an administrative law judge designated by the commission shall be typewritten on 1 side only of 8 ½ by 11-inch plain white paper, shall have margins not less than 1 inch on each side, shall be in a typeface not smaller than 12 point and shall be double-spaced, except that quotations and footnotes may be single-spaced. Unless expressly increased or decreased by order of the administrative law judge, commission or designee, or other provision under these rules, the size of any pleading is limited to 50 pages, exclusive of tables, indexes, and appendixes.

(2) The original of all pleadings shall be firmly bound with 1 staple in the upper left hand corner or secured with metal fasteners through a standard 2-hole punch perforation at the top. No other method of securing original motions and briefs is acceptable. Copies of pleadings may be secured by any reasonable format.

(3) The first page of each pleading shall bear the caption, case number or numbers, and name of the administrative law judge, if any, or the commission.

(4) Failure to comply with the requirements of this rule may be a basis for rejection of the document.

R423.185 Retention and disposal of commission materials.

Rule 185. All documents, records, non-records and other materials, public and nonpublic, official and unofficial, shall be maintained and disposed of using the general and bureau specific retention and disposal schedules under section 5 of 1913 PA 271, MCL 399.5, and section 491 of the Michigan penal code, 1931 PA 328, MCL 750.491.

PART 9. NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT

History

• History: 2002 AACS; 2014 AACS.
• History: 2014 AACS.

Mich. Admin. Code R 423.191 Notice to commission; filing; service {#sec-r-423.191 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.191}

Rule 191. (1) The initiating party shall notify the commission, in writing in legible English, on a form provided by the commission and filed in compliance with R 423.181.

(2) The notice shall contain the name and address of the bargaining representative, if any.

(3) The notice shall be accompanied by an affidavit signed and dated by the initiating party or its agent. The affidavit shall include all of the following information supported by specific facts and available documentary proof:

(a) A statement of how the affiant has personal knowledge of the facts recited in the affidavit.

(b) The date or dates that the strike allegedly occurred.

(c) Whether the alleged strike is continuing.

(d) A clear and concise statement of the facts constituting the alleged violation.

(4) Upon filing a written notice and affidavit with the commission, the initiating party shall simultaneously serve each named bargaining representative with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the initiating party has filed a written notice with the commission that a strike has occurred and that statutory penalties are being sought. An original and 4 copies of the notice and affidavit shall be filed with the commission, unless the notice and affidavit are filed electronically pursuant to commission policy. A statement of service prepared pursuant to R 423.182 shall be filed with the commission together with the notice.

(5) Upon receipt of a written notice and affidavit, the commission or its agent shall review the notice and affidavit for compliance with R 423.191(1) to (4) and shall notify the initiating party of any defects. The initiating party shall remedy any defects within 10 days of receipt of the notice from the commission, or within any other period as specified by the commission or its agent. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing.

(6) Within 2 business days of receipt of sufficient notice and affidavit, the commission or its agent shall serve a notice of hearing on the initiating party and the bargaining representative. The notice of hearing shall fix the date of hearing not less than 7 days nor more than 10 days from the date of service. The commission or its agent shall also serve notice of hearing on the public school employer, if the public school employer is not the initiating party.

(7) The bargaining representative shall file an answer and any affirmative defenses with the commission within 7 days of service of notice of hearing and shall simultaneously serve the initiating party. An original and 4 copies of any answer and affirmative defenses shall be filed with the commission, unless the answer and affirmative defenses are filed electronically pursuant to commission policy. Only pleadings filed in a timely fashion pursuant to this rule shall be considered unless good cause is shown for late filing.

History

• History: 2002 AACS; 2017 AACS.

Mich. Admin. Code R 423.191a Prehearing conference {#sec-r-423.191a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.191a}

Rule 191a. At the time of issuing notice of the hearing, the commission may direct the parties to appear for a prehearing conference or file a position statement, or both, on or before the date set for hearing. The prehearing conference may resolve any matter upon which the parties agree or which the commission may determine is proper for resolution.

History

• History: 2017 AACS.

Mich. Admin. Code R 423.192 Hearing on whether a strike occurred {#sec-r-423.192 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.192}

Rule 192. (1) The commission shall convene a hearing pursuant to proper notice, at which the initiating party and the bargaining representative shall be given the opportunity to present evidence of their claims and defenses. The hearing will be conducted before the commission and shall be on the record. A postponement of the hearing shall not be granted without the consent of the commission or its agent.

(2) If a commissioner becomes unavailable, the commission may designate the director of the bureau of employment relations or an attorney in the bureau’s labor relations division to participate in the hearing in place of the absent commissioner.

(3) The public school employer or the superintendent of public instruction may petition to become a party to the proceedings, if the public school employer or the superintendent of public instruction is not the initiating party.

(4) The burden of proof is on the initiating party.

(5) A party may do all of the following:

(a) Appear at a hearing in person, by counsel, or by other representative.

(b) Call, examine, and cross-examine witnesses.

(c) Introduce into the record documentary or other evidence.

(6) At the discretion of the commission, a party may introduce stipulations of fact into evidence at a hearing with respect to any issue.

(7) An objection to the conduct of a hearing, including an objection to introduction of evidence, may be oral or written; be accompanied by a short statement of the grounds for the objection; and, be included in the record.

(8) Witnesses subpoenaed before the commission shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of this state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time that the witness testifies.

(9) Except as authorized by law, neither the commission nor an agent of the commission may make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. An agent of the commission who makes or receives an ex parte communication shall place it in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the agent of the commission shall disqualify himself or herself from further involvement in the matter.

(10) The hearing shall be public unless otherwise ordered by the commission for good cause shown. The parties are each entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. Except as otherwise provided in these rules, the provisions of R 423.171(1) and R 423.173 to R 423.179 are not applicable.

(11) A verbatim record of the proceedings shall be made, including, but not limited, to all of the following:

(a) Opening statements.

(b) Witness testimony.

(c) Final arguments.

(d) The reasons given by the commission for granting or refusing any motion made by a party during the course of hearing.

(12) The court reporter shall prepare the transcript within 1 business day of each day’s proceedings and provide it to the commission. A court reporter shall file with the commission an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185. A party that orders a copy of the transcript shall make arrangements with the court reporter for payment of the cost of the copy.

(13) At the discretion of the commission, parties may submit briefs at the close of the hearing. A party submitting a brief shall file the original and 4 copies with the commission, unless the brief is submitted electronically pursuant to commission policy.

A party filing a brief shall file it with the commission and serve a copy on each of the other parties no later than the close of business on the last day of the hearing.

(14) The commission shall issue its decision and order within 3 business days of the close of the hearing. The commission decision and order shall be based on the record of the hearing.

History

• History: 2002 AACS; 2017 AACS.

Mich. Admin. Code R 423.192a Notice of names of employees presumed to have engaged in a strike {#sec-r-423.192a omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.192a}

Rule 192a. (1) If the commission determines that conditions constituting a strike exist, the public school employer or the superintendent of public instruction shall, within 5 business days after notification of the decision, notify the commission, in writing, of each public school employee presumed to have engaged in a strike. The notice shall be on a form furnished by the commission and shall contain all of the following information and items:

(a) The name and home address and, if available, the email address and daytime or cell phone number of each public school employee presumed to have engaged in a strike.

(b) The established daily rate of pay of each employee presumed to have engaged in a strike.

(c) Three sets of mailing labels containing the names and home addresses of the public school employees presumed to have engaged in a strike.

(d) An electronic submission of the mailing list in .csv (comma separated values) format or any other format authorized by the bureau of employment relations before submission.

(2) The notice shall be accompanied by an affidavit that is signed and dated by an agent of the public school employer or the superintendent of public instruction. The affidavit shall include the following information that is supported by specific facts and available documentary proof:

(a) A statement from the person who signed the affidavit of how he or she has personal knowledge of the facts recited in the affidavit.

(b) All of the following information concerning the absence of each employee named in the notice:

(i) The date or dates when each employee named in the notice was absent from his or her position.

(ii) How each employee abstained, in whole or in part, from the full, faithful, and proper performance of his or her employment duties in order to induce, influence, or coerce a change in employment conditions, compensation, or the rights, privileges, or obligations of employment.

(iii) How each employee abstained, in whole or in part, from the full, faithful, and proper performance of his or her employment duties in order to protest or respond to an act alleged or determined to be an unfair labor practice committed by the public school employer.

(3) The public school employer or the superintendent of public instruction shall file with the commission an original and 2 copies of the notice and affidavit, unless the notice and affidavit are filed electronically pursuant to commission policy. Upon filing a written notice and affidavit with the commission, the public school employer or the superintendent of public instruction shall simultaneously serve each public school employee named in the notice with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the public school employee named in the notice and affidavit is presumed to have engaged in an illegal strike and that statutory penalties are being sought. A statement of service pursuant to R 423.182 shall be filed with the commission together with the notice.

(4) Upon receipt of a written notice, affidavit, and statement of service, the commission or its agent shall review the notice, affidavit, and statement of service for compliance with R 423.192a(1) to (3) and shall notify the party making the filing of any defects. The party making the filing shall remedy any defects within 5 business days of receipt of notification of the decision in which the commission has determined that conditions constituting a strike exist. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing.

R 423.193. Challenge to presumption of participation in a strike.

Rule 193. (1) A public school employee who is presumed to have engaged in a strike in violation of section 2 of PERA and who intends to challenge this presumption shall file an answer to the notice served on the employee by the public school employer or superintendent of public instruction. The answer shall be on a form furnished by the commission and shall be filed with the commission within 10 days of the date that the notice asserting that the employee is presumed to have engaged in a strike was served on that employee under R 423.192a.

(2) The answer shall be accompanied by an affidavit signed and dated by the public school employee. Both documents shall be in legible English. The affidavit shall include the following information supported by specific facts and available documentary proof:

(a) A statement of how the public school employee who signed the affidavit has personal knowledge of the facts recited in the affidavit.

(b) A clear and concise statement of the facts upon which the public school employee intends to rely at hearing to rebut the presumption that he or she engaged in a strike in violation of section 2 of PERA.

(3) The public school employee shall file an original and 2 copies of the answer and affidavit with the commission, unless the answer and affidavit are filed electronically pursuant to commission policy. Upon filing a written answer and affidavit with the commission, the public school employee shall simultaneously serve the public school employer or the superintendent of public instruction with a copy of the written answer and affidavit pursuant to R 423.182. A statement of service pursuant to R 423.182 shall be filed with the commission together with the answer and affidavit.

(4) Within 2 business days of receipt of a written answer and affidavit, the commission or its agent shall serve a notice of hearing upon the public school employer, the superintendent of public instruction, and each public school employee named in the affidavit. The notice of hearing shall fix the date of hearing not less than 7 days and not more than 10 days from the date of service.

(5) If a public school employee who is presumed to have engaged in a strike in violation of section 2 of PERA fails to file an answer and affidavit with the commission indicating his or her intent to challenge that presumption, this failure shall constitute an admission that the public school employee violated section 2 of PERA.

R 423.194. Hearing on whether an individual employee participated in a strike.

Rule 194. (1) The commission shall convene a hearing within 15 days after the commission receives the answer and affidavit from the public school employee, in accordance with notice requirements in R 423.193(4). At the hearing, the parties shall be given the opportunity to present evidence of their claims and defenses.

(2) The initiating party is entitled to notice of the proceeding and may appear to offer evidence that the public school employee abstained in whole or in part from the full performance of his or her normal duties without permission on a date when a strike occurred.

(3) Whether or not the public school employer or the superintendent of public instruction is the initiating party, the public school employer and superintendent of public instruction are entitled to notice of the proceeding and may appear to offer evidence.

(4) The employee alleged to have been on strike has the burden of proof.

(5) The hearing shall be conducted before the commission, a commissioner, or an administrative law judge designated by the commission. If the hearing is conducted by a commissioner or administrative law judge, he or she shall have the powers and duties set forth in R 423.172. If the hearing is conducted by the commission, the commission’s powers shall include the powers in R 423.172. The hearing shall be open to the public unless otherwise ordered by the commission, a commissioner, or an administrative law judge for good cause shown. The record of any hearing or proceeding shall be taken as prescribed in R 423.171(8).

(6) A party may do all of the following:

(a) Appear at a hearing in person, by counsel, or by other representative.

(b) Call, examine, and cross-examine witnesses.

(c) Introduce into the record documentary or other evidence.

(7) A party may introduce stipulations of fact into evidence at a hearing with respect to any issue at the discretion of the commission, a commissioner, or an administrative law judge.

(8) An objection to the conduct of a hearing, including an objection to introduction of evidence, may be oral or written; shall be accompanied by a short statement of the grounds for the objection; and, shall be included in the record.

(9) Witnesses subpoenaed before the commission, a commissioner, or an administrative law judge, shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of this state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time that the witness testifies.

(10) Except as authorized by law, the commission, a commissioner, an administrative law judge, or other agent of the commission shall not make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. If an ex parte communication is made or received, it shall be placed in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the administrative law judge or other agent of the commission shall disqualify himself or herself from further involvement in the matter.

(11) The court reporter shall file with the commission and the administrative law judge an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185.

(12) A party is entitled upon request to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. The commission, a commissioner, or administrative law judge may direct the filing of briefs when the filing is, in the opinion of the commission, a commissioner, or administrative law judge, warranted by the nature of the proceedings or the particular issues involved. The commission, a commissioner, or administrative law judge may fix a reasonable time for the filing.

(13) If a commissioner or administrative law judge who is designated to conduct a hearing becomes unavailable after the hearing has been opened or concluded, the commission or an agent designated by the commission may transfer the case to another commissioner or administrative law judge for further hearing or issuance of the decision and recommended order, or both, on the record as made.

(14) The commissioner or administrative law judge shall prepare a decision and recommended order setting forth findings of fact, conclusions of law, and the reasons for his or her determination on all material issues. The decision and recommended order shall be based on the record of the hearing.

History

• History: 2017 AACS.
• History: 2002 AACS; 2017 AACS; 2018 AACS.
• History: 2002 AACS; 2017 AACS.

Mich. Admin. Code R 423.195 Exceptions to decision and recommended order; cross exceptions and response; brief in support {#sec-r-423.195 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.195}

Rule 195. (1) Any party may file written exceptions to the decision and recommended order of a commissioner or administrative law judge, or to any other part of the record or proceedings, including rulings upon motions or objections, and a brief in support of the exceptions. Except as permitted by order of the commission, the combined length of the exceptions and brief is limited to 50 pages, exclusive of tables, indexes, and appendixes. The exceptions and brief shall conform to the form and style in R 423.184.

(2) An original and 4 copies of the exceptions and brief shall be filed with the commission, along with all of the following documents:

(a) Two copies of the notice and affidavit identifying the employees presumed to have been engaged in a strike in violation of section 2 of PERA.

(b) Two copies of the answer and affidavit of the employee presumed to have been engaged in a strike in violation of section 2 of PERA.

(c) Two copies of each exhibit, if any, admitted, or offered and marked at hearing by either party.

(d) Two copies of each party’s briefs.

(e) Copies of the exceptions and brief and a list of the other documents filed with the exceptions shall be served at the same time on each party to the proceedings, and a statement of service shall be filed under R 423.182.

(3) Exceptions and the supporting documents listed in subrule (2) of this rule shall be filed with the commission, and not with a commissioner or administrative law judge, within 20 days of service of the decision and recommended order. If the exceptions and the supporting documents listed in subrule (2) of this rule are filed electronically pursuant to commission policy, it is not necessary to file additional copies.

(4) Exceptions shall comply with all of the following provisions:

(a) Set forth specifically the question of procedure, fact, law, or policy to which exceptions are taken.

(b) Identify that part of the decision and recommended order to which objection is made.

(c) Designate, by precise citation of page, the portions of the record on which the exceptions rely.

(d) State the grounds for the exceptions and include a citation of authorities, if any, unless set forth in a supporting brief.

(5) A brief in support of exceptions shall contain only matters included within the scope of the exceptions and shall contain, in the sequence indicated, all of the following:

(a) A title page that states the full title of the case, including the name of the commissioner or administrative law judge and the case number.

(b) An index of authorities that lists in alphabetical order all case authorities cited with the complete citations, including the years of decision, and all other authorities cited with the number of the pages where they appear in the brief.

(c) A statement of the questions involved and to be argued.

(d) A clear and concise statement of facts. All material facts, both favorable and unfavorable, shall be fairly stated without argument or bias. The statement shall contain specific page references to the transcript and the legal or other material on which the brief relies.

(e) The argument that presents clearly the points of fact and law relied on in support of the position taken on each question, with specific page references to the transcript and the legal or other material on which the argument relies.

(6) An exception to a ruling, finding, conclusion, or recommendation that is not specifically raised is waived.

(7) An exception that does not comply with this rule may be disregarded.

(8) Within 10 days after service of exceptions, an opposing party may file 1 original and 4 copies of cross exceptions and briefs in support of the cross exceptions, or 1 original and 4 copies of a brief or legal memorandum in support of the decision and recommended order. If the cross exceptions and brief in support or the legal memorandum in support of the decision and recommended order are filed electronically pursuant to commission policy, it is not necessary to file additional copies. Copies of these documents shall be served on each party to the proceedings.

(9) Within 10 days after service of cross exceptions, an opposing party may file 1 original and 4 copies of a brief or legal memorandum responding specifically to the issues raised in the cross exceptions that were not addressed in the exceptions. If the brief or legal memorandum responding to the cross exceptions is filed electronically pursuant to commission policy, it is not necessary to file additional copies. Copies of these documents shall be served on each party to the proceedings.

(10) The commission may, on its own motion, do any of the following:

(a) Reopen a record in any case and receive further evidence.

(b) Close the case upon compliance with the commissioner’s or administrative law judge's recommended order.

(c) Make other disposition of the case.

(11) If the decision and recommended order was issued by a commissioner, that commissioner shall recuse himself or herself from deciding the case on exceptions.

History

• History: 2017 AACS.

Mich. Admin. Code R 423.196 Notice of conditions constituting a lockout {#sec-r-423.196 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.196}

Rule 196. (1) A bargaining representative representing public school employees who are alleging an illegal lockout of public school employees in violation of section 2 of PERA shall notify the commission, in writing in legible English, on a form furnished by the commission. The notice shall contain the name and address of the public school employer allegedly liable under section 2a of PERA.

(2) The notice shall be accompanied by an affidavit signed and dated by an agent of the bargaining representative that includes the following information supported by specific facts and available documentary proof:

(a) A statement of how the person who has sworn to the affidavit has personal knowledge of the facts recited in the affidavit.

(b) The date on which the lockout allegedly occurred.

(c) Whether the lockout is continuing.

(d) A clear and concise statement of the facts constituting the alleged violation.

(3) An original and 4 copies of the notice and affidavit shall be filed with the commission, unless the notice and affidavit are filed electronically pursuant to commission policy. Upon filing a written notice and affidavit with the commission, the bargaining representative shall simultaneously serve the public school employer with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the bargaining representative has filed with the commission a written notice that an illegal lockout has occurred and that statutory penalties are being sought. A statement of service that complies with R 423.182 shall be filed with the commission together with the notice.

(4) Upon receipt of a written notice and affidavit, the commission or its agent shall review the notice and affidavit for compliance with R 423.196(1) to (3) and notify the bargaining representative of any defects. The bargaining representative shall remedy any defects within 10 days of receipt of this notice from the commission, or within any other period as specified by the commission or its agent. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing.

(5) Within 2 business days of receipt of sufficient notice and affidavit, the commission shall serve a notice of hearing on the bargaining representative and the public school employer. The notice of hearing shall fix the date of hearing not less than 7 days and not more than 10 days from the date of service.

(6) The public school employer shall file an answer and any affirmative defenses with the commission within 7 days of service of notice of hearing and shall simultaneously serve the bargaining representative filing the initial notice. Only pleadings filed in a timely fashion pursuant to this rule shall be considered unless good cause is shown for late filing.

History

• History: 2017 AACS.

Mich. Admin. Code R 423.197 Prehearing conference {#sec-r-423.197 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.197}

Rule 197. When issuing a notice of the hearing, the commission may direct the parties to appear for a prehearing conference, or file a position statement, or both, on or before the date set for hearing. The prehearing conference may resolve any matter upon which the parties agree or which the commission may determine is proper for resolution.

History

• History: 2017 AACS.

Mich. Admin. Code R 423.198 Hearing on whether a lockout occurred {#sec-r-423.198 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.198}

Rule 198. (1) A hearing shall be convened, pursuant to proper notice, at which the parties shall be given the opportunity to present evidence of their claims and defenses.

The hearing will be conducted before the commission and shall be on the record. A postponement of the hearing shall not be granted without the consent of the commission or its agent.

(2) If a commissioner becomes unavailable, the commission may designate the director of the bureau of employment relations or an attorney in the bureau’s labor relations division to participate in the hearing in place of the absent commissioner.

(3) The burden of proof is on the party that filed the notice of lockout.

(4) A party may do all of the following:

(a) Appear at a hearing in person, by counsel, or by other representative.

(b) Call, examine, and cross-examine witnesses.

(c) Introduce into the record documentary or other evidence.

(5) At the discretion of the commission, a party may introduce stipulations of fact into evidence at a hearing with respect to any issue.

(6) An objection to conduct of a hearing, including an objection to introduction of evidence, may be oral or written, shall be accompanied by a short statement of the grounds for the objection, and shall be included in the record.

(7) Witnesses subpoenaed before the commission shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of this state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time the witness testifies.

(8) Except as authorized by law, neither the commission nor an agent of the commission may make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. If an ex parte communication is made or received, it shall be placed in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the agent of the commission shall disqualify himself or herself from further involvement in the matter.

(9) The hearing shall be open to the public unless otherwise ordered by the commission for good cause shown. Each party is entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. Except as otherwise provided in these rules, the provisions of R 423.171(1) and R 423.173 to R 423.179 are not applicable.

(10) A verbatim record of the proceedings shall be made, including, but not limited, to all of the following:

(a) Opening statements.

(b) Witness testimony.

(c) Final arguments.

(d) The reasons given by the commission for granting or refusing any motion made by a party during the course of hearing.

(11) The transcript shall be prepared within 1 business day of each day’s proceedings and shall be provided to the commission. The court reporter shall file with the commission an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185. A party that orders a copy of the transcript shall make arrangements with the court reporter for payment of the cost of the copy.

(12) At the discretion of the commission, parties may submit briefs at the close of the hearing. Any party submitting a brief shall file the original and 4 copies with the commission and serve a copy on each of the other parties no later than the close of business on the last day of the hearing. If the brief is filed electronically pursuant to commission policy, it is not necessary to file additional copies.

(13) The commission shall issue its decision and order within 3 business days of the close of the hearing. The commission decision and order shall be based on the record of the hearing.

History

• History: 2017 AACS.

Mich. Admin. Code R 423.401 Rescinded {#sec-r-423.401 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.401}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.403 Rescinded {#sec-r-423.403 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.403}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.405 Rescinded {#sec-r-423.405 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.405}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.407 Rescinded {#sec-r-423.407 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.407}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.411 Rescinded {#sec-r-423.411 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.411}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.421 Rescinded {#sec-r-423.421 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.421}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.422 Rescinded {#sec-r-423.422 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.422}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.423 Rescinded {#sec-r-423.423 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.423}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.431 Rescinded {#sec-r-423.431 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.431}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.432 Rescinded {#sec-r-423.432 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.432}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.433 Rescinded {#sec-r-423.433 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.433}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.434 Rescinded {#sec-r-423.434 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.434}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.435 Rescinded {#sec-r-423.435 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.435}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.441 Rescinded {#sec-r-423.441 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.441}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.442 Rescinded {#sec-r-423.442 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.442}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.443 Rescinded {#sec-r-423.443 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.443}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.444 Rescinded {#sec-r-423.444 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.444}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.445 Rescinded {#sec-r-423.445 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.445}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.446 Rescinded {#sec-r-423.446 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.446}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.447 Rescinded {#sec-r-423.447 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.447}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.448 Rescinded {#sec-r-423.448 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.448}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.449 Rescinded {#sec-r-423.449 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.449}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.450 Rescinded {#sec-r-423.450 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.450}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.451 Rescinded {#sec-r-423.451 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.451}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.452 Rescinded {#sec-r-423.452 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.452}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.453 Rescinded {#sec-r-423.453 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.453}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.454 Rescinded {#sec-r-423.454 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.454}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.455 Rescinded {#sec-r-423.455 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.455}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.456 Rescinded {#sec-r-423.456 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.456}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.461 Rescinded {#sec-r-423.461 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.461}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.462 Rescinded {#sec-r-423.462 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.462}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.463 Rescinded {#sec-r-423.463 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.463}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.464 Rescinded {#sec-r-423.464 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.464}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.465 Rescinded {#sec-r-423.465 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.465}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.466 Rescinded {#sec-r-423.466 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.466}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.467 Rescinded {#sec-r-423.467 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.467}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.468 Rescinded {#sec-r-423.468 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.468}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.469 Rescinded {#sec-r-423.469 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.469}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.470 Rescinded {#sec-r-423.470 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.470}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.471 Rescinded {#sec-r-423.471 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.471}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.472 Rescinded {#sec-r-423.472 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.472}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 423.481 Rescinded {#sec-r-423.481 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.481}

History

• History: 1995 AACS; 2002 AACS.

Mich. Admin. Code R 423.482 Rescinded {#sec-r-423.482 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.482}

History

• History: 1995 AACS; 2002 AACS.

Mich. Admin. Code R 423.483 Rescinded {#sec-r-423.483 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.483}

History

• History: 1995 AACS; 2002 AACS.

Mich. Admin. Code R 423.484 Rescinded {#sec-r-423.484 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.484}

History

• History: 1995 AACS; 2002 AACS.

R 423.501 to R 423.515 Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments

Mich. Admin. Code R 423.501 Definitions; A to D {#sec-r-423.501 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.501}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

EMPLOYMENT RELATIONS COMMISSION

ADMINISTRATION OF COMPULSORY ARBITRATION ACT FOR LABOR

DISPUTES IN

MUNICIPAL POLICE AND FIRE DEPARTMENTS

(By authority conferred on the employment relations commission by section 7 of 1939 PA 176, and section 33 of 1969 PA 306, MCL 423.7 and 24.233, and Executive Reorganization Order Nos. 2011-4 and 2011-5, MCL 445.2030 and 445.2031)

Rule 1. As used in these rules:

(a) "Act 312" means1969 PA 312, MCL 423.231to 423.247.

(b) "Advocate" means an individual who has represented management or a union in collective bargaining or labor relations in the 5 years prior to his or her selection by the commission as a nominee for an impartial arbitrator or chair of an arbitration hearing panel pursuant to Section 5(1) of 1969 PA 312, MCL 423.235(1). Advocate also means an individual, including an attorney, who is associated with a firm or entity that has represented management or a union in collective bargaining or labor relations in the 5 years prior to his or her selection by the commission as a nominee for an impartial arbitrator or chair of an arbitration hearing panel pursuant to section 5(1) of 1969 PA 312, MCL 423.235(1).

(c) "Arbitration hearing panel" means the impartial arbitrator or chair and 2 delegates who conduct an act 312 arbitration hearing.

(d) "Arbitrator" means an individual who is appointed by the commission to the Michigan employment relations commission panel of arbitrators to be an impartial arbitrator or chair of the arbitration panel in an act 312 arbitration hearing.

(e) "Commission” means the employment relations commission as established in section 3 of the LMA.

(f) "Commission's panel of arbitrators” means those members who are appointed to the Michigan employment relations commission panel of arbitrators by the commission.

(g) "Delegate" means an employee or employer representative who sits on the act 312 arbitration hearing panel.

(h) "Dispute" means a disagreement regarding mandatory subjects of bargaining concerning rates of pay, wages, hours of employment, or other conditions of employment.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.502 Definitions; L to P {#sec-r-423.502 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.502}

Rule 2. As used in these rules:

(a) "LMA" means 1939 PA 176, MCL 423.1 to 423.30 .

(b) "Mediator" means the commission, a commission member, or an employee who is designated by the commission to perform the functions and duties of mediation pursuant to act 312, LMA, and PERA in the commission's mediation division.

(c) "PERA" means 1947 PA 336, MCL 423.201 to 423.217.

(d) "Petition” means the document that contains the information specified in R 423.505.

(e) "Petitioner" means a person or duly authorized agent thereof who files a petition pursuant to the provisions of act 312 for compulsory arbitration.

(f) “Representative” means a person, who may or may not be an attorney, who represents a party in an act 312 proceeding.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.503 Mediation {#sec-r-423.503 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.503}

Rule 3. (1) It is the policy of the commission to encourage parties to a labor dispute to settle their disputes through the collective bargaining process subject to section 30 of 1939 PA 176, MCL 423.30, and section 15 of 1947 PA 336, MCL 423.215. If the issues in dispute cannot be resolved through the collective bargaining process, then either party may request, or the commission may initiate, mediation.

(2) Upon the request of 1 of the parties to the dispute, or upon its own initiative, the commission shall appoint a mediator.

(3) The mediator may do any of the following:

(a) Arrange for, hold, adjourn, or reconvene a conference or conferences between the disputants or any of their representatives, or both.

(b) Direct the disputants or their representatives, or both, to attend the conference and submit, either orally or in writing, their disputes.

(c) Discuss the disputes with the disputants or their representatives.

(d) Assist in negotiating and drafting agreements for the adjustment or settlement of the disputes.

(4) A mediator shall be subject to the confidentiality requirements imposed by the provisions of 1939 PA 176, MCL 423.1 to 423.30, and 1947 PA 336, MCL 423.201 to 423.217.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.504 Mediator’s report to commission {#sec-r-423.504 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.504}

Rule 4. If binding arbitration proceedings are initiated, the mediator shall submit a written mediation report to the commission. The report shall include the following information:

(a) The date of the first mediation conference convened with the parties to the dispute and the number of dates and times of subsequent bargaining sessions and mediation conferences held.

(b) A recommendation to the commission as to whether it would be useful or beneficial to remand the dispute to the parties for further collective bargaining.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.505 Petition to initiate compulsory arbitration {#sec-r-423.505 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.505}

Rule 5. (1) The petition shall be prepared on a form furnished by the commission. The original shall be signed and served on the other party. At the same time, 3 copies, along with a proof of service, shall be filed with the commission.

(2) The petition shall include all of the following:

(a) The name and address of the public employer involved and the name, fax number, email address, and telephone number of its principal representative.

(b) The name and address of the collective bargaining representative involved and the name, fax number, email address, and telephone number of its principal representative.

(c) The name and address of the petitioner and the signature, fax number, email address, and telephone number of the person executing the petition.

(d) Date of the first mediation conference convened with the parties to the dispute.

(3) A petition may be dismissed administratively if not filed in accordance with these rules, or if filed before 30 calendar days have passed since the dispute was submitted to mediation as evidenced by the date of the first scheduled mediation conference.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.506 Arbitrator selection {#sec-r-423.506 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.506}

Rule 6. (1) If a commission-nominated panel member is an advocate as defined in R423.501(b), either party may notify the other party and may request that the commission delete the panel member’s name from the list of nominees. The commission shall provide the parties with a replacement name of an arbitrator who is not an advocate.

The request will extend the time limits in section 5(1) of act 312, MCL 423.235(1), by whatever reasonable time is necessary for the commission to provide the parties with another nominee and resume. If an arbitrator is not selected within 10 days, the commission may select an arbitrator.

(2) Prior to an appointment by the commission, the parties may mutually agree upon the selection of an arbitrator from the commission's panel of arbitrators or an arbitrator who is eligible for membership on that panel and notify the commission of their selection.

(3) An arbitrator's resume shall include all the following information:

(a) A brief summary of the arbitrator's educational and professional background.

(b) A list of the arbitrator's past 5 years of employment and an accurate statement of whether the arbitrator is an “advocate” as defined in R 423.501(b).

(c) A list of the arbitrator's commission arbitration awards and fact finding reports.

(d) A list that shows the percentage of advocacy work, if any, which was performed by the arbitrator and the arbitrator's firm or other entity with which the arbitrator has been associated on an annual basis for the past 5 years.

(4) The panel member shall ensure that information contained in the arbitrator’s resume is current, including whether the panel member is an “advocate” as defined in R 423.501(b).

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.507 Arbitration hearing {#sec-r-423.507 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.507}

Rule 7. (1) An arbitrator shall begin the hearing by conducting a scheduling conference within 15 days of the arbitrator's appointment. The scheduling conference may be conducted by telephone conference call. A court reporter need not be present at the scheduling conference.

(2) The scheduling conference shall be used to discuss matters relating to the proceeding, including all of the following:

(a) Issues raised in the petition for binding arbitration submitted to the commission.

(b) Issues that the parties have resolved.

(c) Whether the issues in dispute are economic or noneconomic.

(d) The dates, times, place, and manner for all of the following:

(i) Exchange of a list of comparable communities to be used under sections 9(d)(i) and 9(d)(ii) of 1969 PA 312, MCL 423.239(1)(d)(i) and MCL 423.239(1)(d)(ii).

(ii) Exchange of applicable collective bargaining agreements or tentative agreements, or both, and applicable documents, if the collective bargaining agreement has not been completed and executed, for all comparable communities not listed by the opposing party.

(iii) The procedure and hearing dates for the determination of issues in subrule 3(a) and (b) of this rule.

(iv) The start of the evidentiary hearing unless that date will be established under subrule 3(d) of this rule.

(e) The exhibits to be entered into evidence, the method to be used for marking the exhibits, the number of copies of exhibits to be provided by the parties, and the dates and means of exchanging exhibits before hearing.

(f) The list of witnesses, including experts, to be presented by each party.

(g) The list of comparables for purposes of wages and benefits.

(h) The procedural format for the hearing.

(i) Any subpoenas, stipulations, or depositions.

(j) Whether oral arguments or written briefs are to be submitted.

(k) Other matters the panel considers appropriate.

(3) The arbitrator shall do all of the following:

(a) Make a determination on the economic issues in dispute and the duration of the collective bargaining agreement, and require each party to exchange and submit all of the following:

(i) A statement of the party’s issues setting forth the specific changes in the collective bargaining agreement proposed by the party.

(ii) The party’s position as to whether each issue is economic or non-economic.

(iii) The proposed duration of the collective bargaining agreement.

(b) Absent mutual agreement, conduct a procedural hearing and advise the parties in writing of the arbitration panel’s decision on the issues in dispute including the duration of the collective bargaining agreement, jurisdiction of the arbitration panel concerning any disputed issue and, if in dispute, whether an issue presented by a party is economic.

(c) Direct each party to submit to the arbitration panel and to each other its last offer of settlement on each economic issue by either of the following:

(i) On a date certain after the close of the scheduling conference but prior to the first day of the evidentiary hearing.

(ii) If a procedural hearing has been scheduled, after the submission of the arbitration panel’s decision on the procedural issues. Once submitted, a party may withdraw, but not otherwise modify, any economic issue submitted in its last offer of settlement except by stipulation of the parties.

(d) Establish the start date of the evidentiary hearing, if a procedural hearing was held under subrule 3(b) of this rule.

(4) The record shall be the official record of the evidentiary hearing. Before the first day of the evidentiary hearing, the arbitrator shall give reasonable notice, in writing, to the commission's court reporting supervisor of the dates, times, and locations of the evidentiary hearings. A court reporter shall be assigned by the commission or designee. If the hearing date is canceled or changed, the arbitrator shall notify the commission's court reporting supervisor immediately. If a transcript of the hearing is made and a party asserts that the transcript is incorrect, then the transcript may be corrected if the errors are substantive. Proposed corrections may be submitted by stipulation or motion to the arbitrator with notice to the other party. After notice and an opportunity to submit statements in opposition by the other party, the arbitrator shall rule on whether the transcript will be corrected.

(5) The cost of the hearing transcript shall be paid by the party or parties requesting the transcript. The cost of a hearing transcript for the benefit of the panel chair shall be divided equally among the parties.

(6) On written application of either party, the panel may issue subpoenas requiring attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence, or documents, in their possession or under their control which the panel considers material to a just determination of the issues in dispute. Witnesses who are subpoenaed before the arbitration panel shall be paid the same fees and mileage that are paid to witnesses in the circuit courts.

Payment shall be made by the party who requested that the witness appear and shall be made before the time that the witness testifies. An application for a subpoena may be made ex parte.

(7) With the exception of motions that are stated orally on the record at a hearing, all motions shall be made in writing, served on the other party, and shall briefly state the order, ruling, or action that is sought and shall set forth, with particularity, the reasons for such motion. Any party may, by motion, request that the arbitrator take any action which the arbitrator is authorized to take. Any statement opposing a motion shall be promptly filed and shall conform to the requirements of this subrule.

The arbitrator shall rule upon motions that are filed with the arbitrator before the close of the hearing. Motions that are made during a hearing shall be ruled on by the arbitrator either during the hearing or at such time as the entire record is considered. All rulings on motions shall be in writing or, if announced at the hearing, may be stated orally on the record. All motions and any rulings or orders thereon shall become part of the record.

(8) A party shall request the permission of the arbitrator before deposing a person on oral examination. The sole purpose for taking a deposition shall be to preserve evidence. Depositions shall not be taken for the purpose of discovery. Before deposing a person on oral examination, a party shall give reasonable notice, in writing, to the arbitrator and to the other party. The notice shall state all of the following information:

(a) The date, time, and place for taking the deposition.

(b) The name and address of each person to be examined.

(c) If a subpoena has been served and directs the deponent to produce documents or other tangible things, then the designation of the material to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice.

(9) The arbitrator may extend or shorten the time for taking a deposition.

The arbitrator shall regulate the scope, time, and order of taking depositions to best serve the convenience of the parties and the witnesses and to expedite the arbitration.

(10) Testimony shall be taken by a court reporter. The examination and crossexamination of a witness shall be allowed. The technical rules of evidence shall not apply. All objections that are made at the deposition shall be noted on the record by the party who makes the objections, including objections to any of the following:

(a) The manner of taking the deposition.

(b) The evidence presented.

(c) The conduct of the party.

(11) On request of a party, documents and things that are produced for inspection during the examination of a witness shall be marked for identification and annexed to the deposition, if practicable, and may be inspected and copied by either party.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.508 Witness examination {#sec-r-423.508 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.508}

Rule 8. A witness at the hearing shall be examined orally under oath or affirmation administered by the court reporter.

History

• History: 1995 AACS.

Mich. Admin. Code R 423.509 Arbitrator; powers and duties {#sec-r-423.509 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.509}

Rule 9. (1) In addition to the duties specified in act 312, the panel shall do all of the following:

(a) Obtain a full and complete record.

(b) Place on the record or state in the award all agreements that are reached between the parties, including portions of any previous labor agreement that the parties adopt as part of their current agreement. The award or record shall contain or identify, by specific reference, the parties' stipulated settlement of all issues that were not presented for arbitration and indicate how the issues were resolved.

(c) If the parties agree to a hearing extension, the arbitrator shall reduce the agreement to writing, obtain the signatures of both parties, and notify the commission, in writing, with copies, of all written agreements between the parties that extend the arbitration hearing. Except as permitted under section 7a of act 312, MCL 423.237a, the hearing which includes the filing of any posthearing briefs shall not extend beyond 180 days from the start of the scheduling conference.

(d) After a hearing is closed, the hearing may be reopened for good cause shown.

(2) In addition to the powers specified in act 312, the panel may do any of the following:

(a) Rule upon motions and offers of proof, receive relevant evidence, and exclude irrelevant, immaterial, or unduly repetitious evidence.

(b) Question witnesses.

(c) Take depositions or cause depositions to be taken and determine the scope of depositions.

(d) Regulate the date, time, place, and course of the hearings.

(e) Dispose of procedural requests or other similar matters.

(f) Hold conferences during the course of the hearing for the settlement, simplification, or adjustment of the issues by consent of the parties.

(g) Remand the parties to further bargaining with a mediator for a period not to exceed 3 weeks pursuant to section 7a of act 312, MCL 423.237a, if the arbitrator believes it will be conducive to an agreement.

(h) Charge a fee to a party or parties who cancel a hearing date if a cancellation fee is clearly set forth in the arbitrator’s resume and made known to the parties at or prior to the scheduling conference.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.510 Rescinded {#sec-r-423.510 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.510}

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.511 Filing of posthearing briefs and proposed findings {#sec-r-423.511 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.511}

Rule 11. Any party may, upon a request made before the close of the evidentiary hearing, file a posthearing brief or proposed findings and conclusions, or both, at a time fixed by the arbitrator who conducts the hearing. The arbitrator may direct the filing of briefs when considered warranted. The filing of a posthearing brief shall not extend the hearing timeline beyond 180 days from the start of the scheduling conference.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.512 Arbitration panel posthearing conference {#sec-r-423.512 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.512}

Rule 12. After the close of the hearing and before the rendering of an award, a posthearing conference shall be held at the request of either delegate or the arbitrator.

The posthearing conference shall be limited to the delegate of each party and the arbitrator. Any and all matters that have been placed into the record of the hearing may be discussed. The posthearing conference shall not delay the time period specified in section 6 of act 312, MCL 423.235, for making findings of fact, promulgating a written opinion and order, and mailing copies.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.513 Panel findings, opinion, and award {#sec-r-423.513 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.513}

Rule 13. (1) The impartial arbitrator shall ensure that the final award is subscribed to by a majority of the arbitration hearing panel.

(2) The arbitrator shall notify the parties in writing or via email of an extension of up to 60 additional days for issuance of an award.

(3) The written decision and award of the panel shall contain all of the following information:

(a) The names of both parties.

(b) The advocates for both parties.

(c) The names of the members of the arbitration hearing panel.

(d) Each party's final offer of settlement of the issues in dispute.

(e) A list of the economic and noneconomic issues in dispute as identified by the arbitration hearing panel.

(f) A finding of fact and opinion based on the record made before the arbitration hearing panel. The finding of fact and opinion shall include a detailed discussion of the relation of the criteria specified in section 9 of act 312 to both the economic and noneconomic issues.

(g) The date the decision is rendered.

(h) The signatures of the panel member or members who approved the award or any of the issues in the award.

(4) The arbitrator shall serve a copy of the award on each party and send the original and 2 copies of the award, along with an electronic copy of the award, to the commission with the entire record.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.514 Costs {#sec-r-423.514 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.514}

Rule 14. (1) The parties to a hearing may obtain information with regard to the per diem and other charges of the arbitrator upon filing a request with the commission. An arbitrator shall not charge more than 2 preparation days for each day of hearing without advance permission to do so from the commission or its designee.

(2) The costs of subpoenas and witness fees shall be borne by the party at whose request subpoenas are issued and at whose request witnesses appeared.

(3) A transcript of a deposition may be ordered at the expense of the party who ordered the transcript. The party who requests a deposition shall pay the costs for the court reporter and for a copy of the transcript of the deposition for the arbitration hearing panel record.

(4) The costs listed in this rule are in addition to the costs identified elsewhere in these rules.

History

• History: 1995 AACS; 2014 AACS.

Mich. Admin. Code R 423.515 Retention and disposal of commission materials {#sec-r-423.515 omnilex-key=us-mi-regs-official--dept-labor-and-economic-opportunity--R 423.515}

Rule 15. All documents, records, non-records and other materials, public and nonpublic, official and unofficial, shall be maintained and disposed of using the general and bureau specific retention and disposal schedules pursuant to section 5 of 1913 PA 271, MCL 399.5, and section 491 of the Michigan penal code, 1931 PA 328, MCL 750.491.

History

• History: 2014 AACS.