2010 Michigan Compiled Laws
Chapter 408 - LABOR
Act 154 of 1974 - MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (408.1001 - 408.1094)
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.

Sec. 24.

(1) Before a proposed standard, except an emergency standard, is promulgated, the commission shall appoint and consult with an advisory committee which shall be representative of the major interests affected by the proposed standard. The members of the advisory committee shall be selected on the basis of their experience and competence in the subject of the proposed standard. At least 1 member of each advisory committee shall be a person who devotes a major portion of time to occupational health functions.

(2) The per diem compensation and the schedule for reimbursement of expenses for members of the occupational health standards advisory committees shall be established annually by the legislature.

(3) Standards governing occupational health promulgated by the director of public health that are in effect on January 1, 1975 are continued under section 31 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being section 24.231 of the Michigan Compiled Laws.

(4) The occupational health standards commission shall promulgate an occupational health standard pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, except for standards adopted by reference pursuant to section 14. Until April 1, 1992, adoption of a standard shall be by a majority of the members present if a quorum is present. Beginning April 1, 1992, any action taken by the occupational health standards commission requires an affirmative vote of not less than 4 members of the commission, including at least 1 representative of labor and 1 representative of management.

(5) When promulgating occupational health standards, the occupational health standards commission shall promulgate a standard that most adequately assures, to the extent feasible and on the basis of the best available evidence, that an employee will not suffer material impairment of health or functional capacity, even if the employee has regular exposure to a hazard dealt with by the standard for the period of his or her working life.

(6) The director of public health shall promulgate an emergency standard pursuant to section 48 of Act No. 306 of the Public Acts of 1969, as amended, being section 24.248 of the Michigan Compiled Laws, when the director finds that employees are exposed to substances or agents determined to be toxic or physically harmful and the emergency standard is necessary to protect employees from that danger. If the director of public health is promulgating an emergency standard on a matter addressed by a federal standard, the director of public health shall promulgate a standard that is substantially similar to the federal standard unless he or she determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in section 9 or 24, or both.

(7) A standard shall prescribe appropriate forms of warning that are necessary to insure that employees are apprised of health hazards to which they are exposed, relevant symptoms, and the conditions and precautions for safe use or exposure, including appropriate emergency treatment. If appropriate, a standard shall prescribe suitable protective equipment, control, or technological procedures to be used and shall require an employer to monitor or measure employee exposure, to allow employees or their representatives to observe the monitoring and have access to the records of the monitoring, and to conduct the monitoring in a manner that is necessary for the protection of the employees' health. Former employees shall have access to the records indicating their exposure to toxic materials and harmful physical agents.

(8) If appropriate, the occupational health standards commission shall prescribe by standard that medical examinations or tests are made available, at the employer's cost, to employees to determine if they are adversely affected by exposure to health hazards. If the examination is performed by a physician other than a physician who is retained for that purpose by the employer, the employer is responsible only for the reasonable costs of the examination, and only for costs related to the performance of the examination required by the standard. The results of the examinations or tests shall be furnished to the employer, the employee, and upon request of the employee, to the employee's personal physician, and upon request of the director of public health, to the director of public health by the employer. However, this act does not authorize or require medical examinations, immunizations, or treatments for those who object to them on religious grounds, except where necessary for the protection of the health or safety of others.

History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991
Compiler's Notes: For transfer of powers and duties of the occupational health standards commission in the bureau of environmental and occupational health from the department of public health to the director of the department of labor, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Admin Rule: R 325.2401 et seq.; R 325.2491 et seq.; R 325.3451 et seq.; R 325.18301 et seq.; R 325.35001 et seq.; R 325.51501 et seq.; R 325.52501 et seq.; R 325.70101 et seq.; and R 408.12101 et seq. of the Michigan Administrative Code.