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

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

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.