2010 Michigan Compiled Laws
MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT
Chapter 408 - LABOR
Act 154 of 1974 - MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (408.1001 - 408.1094)
Act 154 of 1974
AN ACT to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 1986, Act 147, Imd. Eff. July 2, 1986
Compiler's Notes: In the last sentence of this title, “act” evidently should read “acts”.
- Section 408.1001 - Short title.
- Section 408.1002 - Scope of act; effect on statutory or common law.
- Section 408.1003 - Meanings of words and phrases.
- Section 408.1004 - Definitions; A to M.
- Section 408.1005 - Definitions; E to I.
- Section 408.1006 - Definitions; P to W.
- Section 408.1009 - Legislative declaration.
- Section 408.1011 - Duties of employer.
- Section 408.1012 - Duties of employee.
- Section 408.1013 - Administration and enforcement; reports.
- Section 408.1014 - Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; compliance with administrative procedures act of 1969.
- Section 408.1014a - Occupational safety and health hazard communication standard; incorporation by reference; applicability of standard; conflicting provisions; administration and enforcement of standards; duties of employers; exception.
- Section 408.1014b - Disclosure of specific chemical identity.
- Section 408.1014c - Identification of pipes and piping systems in workplace; establishment of pipe and stationary process container entry procedure; applicable provisions.
- Section 408.1014d - Trade secret claims; petition; review; confidentiality; determination; final order; revocation of order; hearing; exemption of records and information from disclosure under freedom of information act; providing director with specific chemical identity and percentage composition of hazardous chemical.
- Section 408.1014e - Public service announcements.
- Section 408.1014f - Employer engaged in agricultural operations; compliance; certifying list of chemicals.
- Section 408.1014g - Chemical in sealed package in transit by common carrier.
- Section 408.1014h - Employer engaged in construction operations.
- Section 408.1014i - Plan for executing responsibilities of organized fire department.
- Section 408.1014j - Signs throughout workplace; contents.
- Section 408.1014k - Material safety data sheets for hazardous chemicals in workplace; organization; training employees; notice of new or revised sheets.
- Section 408.1014 - Failure to provide exposed employee with access to most current material safety data sheet.
- Section 408.1014m - Conflicting provisions unenforceable.
- Section 408.1014n - Federal occupational safety and health field sanitation standard; incorporation by reference; effect; providing potable water, toilet facility, and hand washing facility for agricultural employees; administration and enforcement of incorporated standard; copies of standard.
- Section 408.1015 - General industry safety standards commission; creation; director of labor as secretary; appointment, qualifications, and terms of members; vacancy; election of chairman and officers; quorum; meetings; compensation and expenses.
- Section 408.1016 - Promulgation, expression, and adoption of standards by general industry safety standards commission.
- Section 408.1018 - Construction safety standards commission; creation; director of labor as secretary; appointment, qualifications, and terms of members; vacancy; quorum; meetings; election of chairman and officers; compensation and expenses.
- Section 408.1019 - Promulgation, expression, and adoption of standards by construction safety standards commission.
- Section 408.1021 - Continuation of safety standards; consulting with advisory committees as condition of promulgating proposed standard; selection, qualifications, compensation, and expenses of members; emergency standards; promulgation of approved standard.
- Section 408.1023 - Occupational health standards commission; creation; director of public health as secretary; appointment, qualifications, and terms of members; vacancy; quorum; meetings; election of chairman and officers; compensation and expenses.
- Section 408.1024 - Consulting with advisory committee as condition of promulgating proposed occupational health standard; selection, qualifications, compensation, and expenses of members; continuation of occupational health standards; adoption and promulgation of occupational health standard; requirements for standard; emergency standard; contents of standard; availability and costs of medical examination or test; religious objection.
- Section 408.1027 - Temporary order granting variance from standard; rule or order for variance from standard.
- Section 408.1028 - Violation of standard threatening physical harm; request for inspection; notice; determination; notification of condition presenting imminent danger; notification of violation of act or rule; inspection; confidentiality; procedures for informal review of decision; statement of final disposition; right to attend meetings.
- Section 408.1029 - Inspection and investigations; right of entry; warrant; witnesses; evidence; right of accompaniment; advance notice; tests and samples; evaluation; confidentiality of trade secrets; conference; liability for damages; discrimination prohibited; “wages and fringe benefits” defined.
- Section 408.1030 - Safety and health inspector at site of tunnel, shaft, caisson, or cofferdam; qualifications; powers and duties; cost of wages and fringe benefits; advising of and publishing regular and overtime rates; tunnel construction activity exceeding 60 hours per week; employer's responsibility not diminished.
- Section 408.1031 - Determination of imminent danger; notice; order; tagging equipment or process; removal of tag; on site review; recommendation; discrimination prohibited; noncompliance with order; petition to restrain condition or practice; action against department; response to imminent danger complaint; opportunity to identify, label, or provide material safety data sheet for container.
- Section 408.1033 - Citation for violation; issuance; contents; presentation; mailing; posting; notification of compliance; failure to correct violation; notice in place of citation; rules; vacating citation.
- Section 408.1035 - Violations; civil and criminal penalties; effective date of increases in civil penalties made pursuant to 1991 amendatory act.
- Section 408.1035a.added - Violations; civil and criminal penalties.
- Section 408.1036 - Civil penalties; assessment; schedule; payment; recovering unpaid penalty.
- Section 408.1037 - Evidence and investigation of criminal violation.
- Section 408.1041 - Granting additional time for compliance, modification, or dismissal of citation and penalty; petition; procedure; effect of failure to petition; action by department; notice; finality of decision; appeal to board.
- Section 408.1042 - Hearing; order; rules of procedure; report of hearing officer.
- Section 408.1043 - Hearing; conduct of proceedings.
- Section 408.1044 - Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.
- Section 408.1045 - Cease operation order; enforcement proceedings.
- Section 408.1046 - Board of health and safety compliance and appeals; creation; appointment, qualifications, and terms of members; chairman; vacancy; scope of authority; meetings; quorum; prerequisite to official action; compensation and expenses; hearing; evidence; fees; rules; construction and application of identical state and federal standards.
- Section 408.1048 - Conducting business at public meeting; notice.
- Section 408.1052 - Department attorney as representative of departments, board, and commissions in litigation; board not considered party in judicial review proceeding.
- Section 408.1054 - Safety education and training division; creation; functions; newsletter; statement as to standard, rule, or order.
- Section 408.1055 - Safety education and training fund.
- Section 408.1056 - Occupational health education and training program.
- Section 408.1057-408.1058 - Repealed. 1991, Act 105, Eff. June 17, 1994.
- Section 408.1058a-408.1058d - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
- Section 408.1058e - Repealed. 1991, Act 105, Eff. June 17, 1994.
- Section 408.1058f - Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.
- Section 408.1059, 408.1059a - Repealed. 1991, Act 105, Eff. June 17, 1994.
- Section 408.1059b - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
- Section 408.1059c-408.1059e - Repealed. 1991, Act 105, Eff. June 17, 1994.
- Section 408.1059f - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
- Section 408.1060-408.1060d - Repealed. 1991, Act 105, Eff. June 17, 1994.
- Section 408.1060e, 408.1060f - Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.
- Section 408.1061 - Records and reports; notice of fatalities or hospitalizations; access of employee to records; notice to employee of exposure and corrective action; federal requirements not negated.
- Section 408.1063 - Confidentiality of trade secrets; protection; information available to public; identity of employee exempt from disclosure.
- Section 408.1065 - Discharging or discriminating against employee prohibited; complaint; investigation; order; notice; review; finality of determination; parties; hearings officers; conduct of proceedings; determination as final disposition; judicial review; venue; civil action to enforce order; powers of director of labor.
- Section 408.1067 - Posting requirements; warning labels.
- Section 408.1069 - Rules; declaratory rulings; effect of standards adopted by reference or continued in effect.
- Section 408.1091 - Pending proceedings continued.
- Section 408.1093 - Repeal.
- Section 408.1094 - Effective date.
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