MCL - Act 154 of 1974

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MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT

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 phrase of this title, “and parts of act on specific dates” evidently should read “and parts of acts on specific dates”.




The People of the State of Michigan enact:
Document Type Description
Section 408.1001 Section Short title.
Section 408.1002 Section Scope of act; effect on statutory or common law.
Section 408.1003 Section Meanings of words and phrases.
Section 408.1004 Section Definitions; A to M.
Section 408.1004.amended Section Definitions; A to M.
Section 408.1005 Section Definitions; E to I.
Section 408.1006 Section Definitions; P to W.
Section 408.1009 Section Legislative declaration.
Section 408.1011 Section Duties of employer.
Section 408.1012 Section Duties of employee.
Section 408.1013 Section Administration and enforcement; reports.
Section 408.1014 Section Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; clear and convincing need for standard; compliance with administrative procedures act of 1969; inapplicability to MCL 408.1014r.
Section 408.1014a Section Occupational safety and health hazard communication standard; incorporation by reference; applicability of standard; conflicting provisions; administration and enforcement of standards; duties of employers.
Section 408.1014b Section Disclosure of specific chemical identity, percentage composition, or both.
Section 408.1014c Section Identification of pipes and piping systems in workplace; establishment of pipe and stationary process container entry procedure; applicable provisions.
Section 408.1014d Section 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 Section Public service announcements.
Section 408.1014f Section Employer engaged in agricultural operations; certifying list of chemicals.
Section 408.1014g Section Chemical in sealed package in transit by common carrier.
Section 408.1014h Section Employer engaged in construction operations.
Section 408.1014i Section Plan for executing responsibilities of organized fire department.
Section 408.1014j Section Signs throughout workplace; contents.
Section 408.1014k Section Safety data sheets for hazardous chemicals in workplace; organization; training employees; notice of new or revised sheets.
Section 408.1014l Section Failure to provide exposed employee with access to most current safety data sheet.
Section 408.1014m Section Conflicting provisions unenforceable.
Section 408.1014n Section 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 408.1014r Section Use of firefighting foam concentrate (PFAS); rules.
Section 408.1015 Section Repealed. 2012, Act 416, Eff. Dec. 27, 2012.
Section 408.1016 Section Promulgation, expression, and adoption of standards by director.
Section 408.1017 Section Workplace ergonomics; promulgation of rules prohibited; federal rules or guidelines; "workplace ergonomics" defined.
Section 408.1018 Section Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
Section 408.1019 Section Promulgation of standards by director.
Section 408.1021 Section Continuation of safety standards; emergency safety standards; promulgation of approved standard.
Section 408.1023 Section Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.
Section 408.1024 Section Continuation of occupational health standards; promulgation; requirements for standard; emergency standard; contents of standard; availability and costs of medical examination or test; religious objection.
Section 408.1027 Section Temporary order granting variance from standard; rule or order for variance from standard.
Section 408.1028 Section 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 Section 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 Section 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 Section Determination of imminent danger; notice; order; tagging equipment or process; removal of tag; on site review; recommendation; discrimination prohibited; noncompliance with order; petition to restrain condition or practice; action against department; response to imminent danger complaint; opportunity to identify, label, or provide safety data sheet for container.
Section 408.1033 Section 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 Section Violations; civil and criminal penalties; effective date of increases in civil penalties made pursuant to 1991 amendatory act.
Section 408.1035.amended Section Violations; civil and criminal penalties.
Section 408.1035a.added Section Violations; civil and criminal penalties.
Section 408.1036 Section Civil penalties; assessment; schedule; payment; recovering unpaid penalty.
Section 408.1036.amended Section Civil penalties; assessment; asbestos-related violations; payment; recovering unpaid penalty.
Section 408.1037 Section Evidence and investigation of criminal violation.
Section 408.1041 Section 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 Section Hearing; order; rules of procedure; report of hearing officer.
Section 408.1043 Section Hearing; conduct of proceedings.
Section 408.1044 Section Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.
Section 408.1045 Section Cease operation order; enforcement proceedings.
Section 408.1046 Section 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 Section Conducting business at public meeting; notice.
Section 408.1052 Section Department attorney as representative of departments, board, and commissions in litigation; board not considered party in judicial review proceeding.
Section 408.1054 Section Safety education and training division; creation; functions; newsletter; statement as to standard, rule, or order.
Section 408.1055 Section Safety education and training fund.
Section 408.1056 Section Occupational health education and training program.
Section 408.1057-408.1058 Section Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1058a-408.1058d Section Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1058e Section Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1058f Section Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.
Section 408.1059, 408.1059a Section Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1059b Section Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1059c-408.1059e Section Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1059f Section Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1060-408.1060d Section Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1060e, 408.1060f Section Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.
Section 408.1061 Section Records and reports of work illnesses and injuries; access to records by employee; notice to employee of exposure and corrective action; federal requirements not negated.
Section 408.1063 Section Confidentiality of trade secrets; protection; rules; orders; information available to public; identity of employee exempt from disclosure.
Section 408.1065 Section 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 Section Posting requirements; warning labels.
Section 408.1069 Section Rules; declaratory rulings; effect of standards adopted by reference or continued in effect.
Section 408.1085, 408.1085a Section Repealed. 2022, Act 140, Eff. July 1, 2023.
Section 408.1091 Section Pending proceedings continued.
Section 408.1093 Section Repeal.
Section 408.1094 Section Effective date.