Sec. 28.
(1) An employee or employee representative, who believes that a violation of a standard exists that threatens physical harm to an employee, may request an inspection by giving written notice of the condition to the appropriate department. The notice shall set forth with reasonable detail the grounds for the request and shall be signed by the employee or employee representative giving the notice. Upon receipt of a complaint, and if the department determines there are reasonable grounds for the complaint, the department shall conduct an inspection. A copy of the request shall be provided the employer or the employer's agent not later than the time of the inspection. Upon the request of the person giving the notice, his or her name and the names of employees referred to in the notice shall not appear in the copy or on a record which is published, released, or made available. If the department determines that there are not reasonable grounds to believe that an inspection should be conducted, it shall notify, in writing, the complainant of its determination.
(2) If an employee or employee representative believes that a condition exists which may present an imminent danger to a person, the employee or employee representative may notify either the department of labor or the department of public health in the most expedient manner without regard to a written notice. Upon notification of an alleged imminent danger, the department shall cause an immediate inspection to be made or take other action that it finds necessary to abate the danger.
(3) Before or during an inspection of a place of employment, an employee, or a representative of employees, may notify the department representative responsible for conducting the inspection, in writing, of a violation of this act or of a rule promulgated under this act, which the employee or employee representative believes exists in the place of employment. If the department determines, after an inspection or investigation conducted upon a written notification from an employee or employee representative of an alleged violation, that there are not reasonable grounds to believe that the alleged violation exists, it shall notify, in writing, the complainant and the employer of its determination. Upon request of the person giving the notice, that person's name and the names of employees referred to in the notice shall not appear in the copy or on a record which is published, released, or made available to the employer or any other person.
(4) The department of labor and the department of public health shall establish procedures for informal review of any decision resulting from a request or notice, under this section, to inspect for an alleged violation. The appropriate department shall furnish the employees or representative of employees requesting a review a written statement of the final disposition of the notice or complaint and reasons for the disposition.
(5) An employee or the representative of the employee shall be afforded an opportunity, with or without compensation, to attend all meetings between the department of labor or the department of public health and an employer relative to that department's decision concerning a citation, abatement period, or proposed penalty.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980
Structure Michigan Compiled Laws
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 408.1014b - Disclosure of Specific Chemical Identity, Percentage Composition, or Both.
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 408.1014m - Conflicting Provisions Unenforceable.
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 408.1018 - Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
Section 408.1019 - Promulgation of Standards by Director.
Section 408.1023 - Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.
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 408.1042 - Hearing; Order; Rules of Procedure; Report of Hearing Officer.
Section 408.1043 - Hearing; Conduct of Proceedings.
Section 408.1045 - Cease Operation Order; Enforcement Proceedings.
Section 408.1048 - Conducting Business at Public Meeting; Notice.
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 408.1067 - Posting Requirements; Warning Labels.
Section 408.1085a - "Covid-19" Defined.