Michigan Compiled Laws
Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094)
Section 408.1006 - Definitions; P to W.

Sec. 6.
(1) "Place of employment" means a factory, plant, establishment, construction site or other similar area, workplace, or environment where an employee is permitted to work.
(2) "Political subdivision" means a city, village, township, county, school district, intermediate school district, or state or local government authorized or supported agency, authority, or institution.
(3) "Rule" means a rule as defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. A rule may only be promulgated by the director except as otherwise specifically prescribed in this act.
(4) "Serious violation" means a violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act or adopted by reference pursuant to this act for which a substantial probability exists that death or serious physical harm could result from the violation or from a practice, means, method, operation, or process that is in use, unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
(5) "Standard" means a health or safety standard that specifies conditions, or the adoption or use of 1 or more practices, means, methods, operations, or processes necessary to provide safe and healthful employment in places of employment.
(6) "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 business an opportunity to obtain an advantage over competitors who do not know or use it.
(7) "Wilful", for the purpose of criminal prosecutions, means the intent to do an act knowingly and purposely by an individual who, having a free will and choice, either intentionally disregards a requirement of this act, or a rule or standard promulgated pursuant to this act, or is knowingly and purposely indifferent to a requirement of this act, or a rule or standard promulgated pursuant to this act. An omission or failure to act is wilful if it is done knowingly and purposely. Wilful does not require a showing of moral turpitude, evil purpose, or criminal intent provided the individual is shown to have acted or to have failed to act knowingly and purposely.
(8) "Working day" means any day other than a Saturday, Sunday, or state legal holiday.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978 ;-- 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.