Michigan Compiled Laws
Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094)
Section 408.1004 - Definitions; a to M.

Sec. 4.
(1) "Agricultural operations" means the work activity designated in major groups 01 and 02 of the standard industrial classification manual, United States bureau of the budget, 1972 edition. Agricultural operations include any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations including preparation for market delivery to storage or market or to carriers for transportation to market.
(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 defined in section 2(c) of 1939 PA 176, MCL 423.2, 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 has not been 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 this act.
(3) "Board" means the board of health and safety compliance and appeals created in section 46.
(4) "Construction operations" means the work activity designated in major groups 15, 16, and 17 of the standard industrial classification manual, United States bureau of the budget, 1972 edition.
(5) "Director" means the director of the department of licensing and regulatory affairs.
(6) "Department attorney" means the attorney general or the authorized representative of the attorney general.
(7) "Domestic employment" means that employment involving an employee specifically employed by a householder to engage in work or an activity relating to the operation of a household and its surroundings, whether or not the employee resides in the household.
(8) "Mines", except as provided in subdivision (d), means all of the following:
(a) An area of land from which minerals are extracted in nonliquid form, or if in liquid form, are extracted with workers underground.
(b) Private ways and roads appurtenant to an area of land described in subdivision (a).
(c) Lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property, including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities.
(d) This subsection does not include industrial borrow pits, or sand, gravel, or crushed and dimension stone quarrying operations, or surface construction operations.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 408 - Labor

Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094)

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; Clear and Convincing Need for Standard; Compliance With Administrativ...

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.

Section 408.1014b - Disclosure of Specific Chemical Identity, Percentage Composition, or Both.

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 Speci...

Section 408.1014e - Public Service Announcements.

Section 408.1014f - Employer Engaged in Agricultural Operations; 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 - Safety Data Sheets for Hazardous Chemicals in Workplace; Organization; Training Employees; Notice of New or Revised Sheets.

Section 408.1014l - Failure to Provide Exposed Employee With Access to Most Current 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 o...

Section 408.1014r - Use of Firefighting Foam Concentrate (Pfas); Rules.

Section 408.1015 - Repealed. 2012, Act 416, Eff. Dec. 27, 2012.

Section 408.1016 - Promulgation, Expression, and Adoption of Standards by Director.

Section 408.1017 - Workplace Ergonomics; Promulgation of Rules Prohibited; Federal Rules or Guidelines; "Workplace Ergonomics" Defined.

Section 408.1018 - Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.

Section 408.1019 - Promulgation of Standards by Director.

Section 408.1021 - Continuation of Safety Standards; Emergency Safety Standards; Promulgation of Approved Standard.

Section 408.1023 - Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.

Section 408.1024 - Continuation of Occupational Health Standards; Promulgation; Requirements for Standard; Emergency Standard; Contents of Standard; Availability and Costs of Medical Examination or Test; Religious Objection.

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...

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...

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...

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...

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; He...

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 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 - Confidentiality of Trade Secrets; Protection; Rules; Orders; 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...

Section 408.1067 - Posting Requirements; Warning Labels.

Section 408.1069 - Rules; Declaratory Rulings; Effect of Standards Adopted by Reference or Continued in Effect.

Section 408.1085 - Employee Exposure to Covid-19; Employer Immunity Under Certain Circumstances; Retroactive Applicability; Application to Exposures After July 1, 2022.

Section 408.1085a - "Covid-19" Defined.

Section 408.1091 - Pending Proceedings Continued.

Section 408.1093 - Repeal.

Section 408.1094 - Effective Date.