DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

MIOSHA ADMINISTRATIVE STANDARD

(By authority conferred on the department of labor and economic opportunity by

section 69 of the Michigan occupational safety and health act, 1974 PA 154, MCL

408.1069, Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and

2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)

PART 11. RECORDING AND REPORTING OF OCCUPATIONAL INJURIES

AND ILLNESSES

R 408.22101 Scope.

Rule 1101. These rules provide for recordkeeping and reporting by public and

private employers covered under the act as necessary or appropriate for enforcement of

the act, for developing information regarding the causes and prevention of occupational

injuries and illnesses, and for maintaining a program of collection, compilation, and

analysis of occupational safety and health statistics. R 408.22103 lists employers who are

partially exempted from keeping work-related injury and illness records.

History: 1979 AC; 2001 AACS; 2015 AACS.

R 408.22102 Intent.

Rule 1102. (1) These rules are substantially identical to the federal occupational

safety and health act (OSHA) recordkeeping and reporting requirements, as contained in

29 C.F.R., §1904 “Recording and Reporting of Occupational Injuries and Illnesses”

amended 2016, as adopted in R 408.22102a, to assure that employers maintaining records

pursuant to these rules are in compliance with the federal requirements and need not

maintain additional records or submit additional reports pursuant to the federal

regulations. R 408.21119 of this standard pertains to the use of OSHA forms.

(2) This standard does not supersede the recordkeeping and reporting requirements

prescribed by sections 18 and 24 of Public Law 91-596, 29 U.S.C. §§667 and 673.

(3) If an employer creates records to comply with another government agency's

injury and illness recordkeeping requirements, MIOSHA will consider the records as

complying with these rules if OSHA or MIOSHA accepts the other agency's records

under a memorandum of understanding with that agency, or if the other agency's records

contain the same information as these rules requires an employer to record. For help in

determining whether an employer's records meet MIOSHA's requirements, an employer

may contact the MIOSHA Management Information Systems Section at

www.michigan.gov/recordkeeping, or telephone 517-284-7788.

History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2015 AACS; 2016 AACS.

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R 408.22102a Adopted and referenced standards.

Rule 1102a. (1) The following federal standards are adopted by reference in these

rules:

(a) 29 CFR 1903.2, “Posting of notice; availability of the Act, regulations and

applicable standards,” amended July 1, 2016.

(b) 45 CFR 164.512, “Uses and disclosures for which an authorization or

opportunity to agree or object is not required,” amended May 12, 2016.

(2) The standards adopted in these rules are available from the United States

Government Printing Office website: www.ecfr.gov, at no charge as of the time of

adoption of these rules.

(3) The standards adopted in these rules are available for inspection at the

Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA

Section, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) The standards adopted in these rules may be obtained as shown in these rules

or may be obtained from the Department of Labor and Economic Opportunity,

MIOSHA, Standards and FOIA Section, P.O. Box 30643, Lansing, Michigan, 48909-

8143, plus $20.00 for shipping and handling.

(5) The following MIOSHA standards are referenced in these rules. Up to 5

copies of these standards may be obtained at no charge from the Department of Labor

and Economic Opportunity, MIOSHA, Standards and FOIA Section, P.O. Box 30643,

Lansing,

Michigan,

48909-8143

or

via

the

internet

at

website:

www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the

time of adoption of these rules, is 4 cents per page.

(a) Occupational Health Standard Part 380. “Occupational Noise Exposure in

General Industry,” R 325.60101 to R 325.60128.

(b) General Industry Safety and Health Standard Part 554. “Bloodborne

Infectious Diseases,” R 325.70001 to R 325.70018.

History: 2015 AACS; 2016 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22103 Exceptions; applicability; petitions.

Rule 1103. (1) Both of the following provisions apply to exemptions based on

employee numbers and industry classifications:

(a) If your company had 10 or fewer employees at all times during the last

calendar year, you do not need to keep MIOSHA injury and illness records unless

MIOSHA, the United States Bureau of Labor Statistics (BLS), or the United States

Department of Labor Occupational Safety and Health Administration (OSHA), informs

you, in writing, that you must keep records according to R 408.22141, R 408.22141a, R

408.22141b, or R 408.22142. However, as required by R 408.22139, all employers

covered by the act shall report to MIOSHA any workplace incident that results in a

fatality, inpatient hospitalization, amputation, or loss of an eye.

(b) If your company had more than 10 employees at any time during the last

calendar year, you must keep MIOSHA injury and illness records unless your

establishment is classified as a partially exempt industry under this rule.

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(2) Both of the following provisions apply to implementation of employee

number based exemptions:

(a) Is the partial exemption for size based on the size of my entire company or on

the size of an individual business establishment? The partial exemption for size is based

on the number of employees in the entire company.

(b) How do I determine the size of my company to find out if I qualify for the

partial exemption for size? To determine if you are exempt because of size, you must

determine your company's peak employment during the last calendar year. If you did

not have more than 10 employees at any time in the last calendar year, then your

company qualifies for the partial exemption for size.

(3) Both of the following provisions apply to basic requirements for partial

exemption for establishments in certain industries:

(a) If your business establishment is classified in a specific industry group listed

in Appendix A, you do not need to keep MIOSHA injury and illness records unless

MIOSHA, the United States Bureau of Labor Statistics (BLS), or the United States

Department of Labor Occupational Safety and Health Administration (OSHA), informs

you, in writing, that you must keep the records according to R 408.22141, R

408.22141a, R 408.22141b, or R 408.22142. However, all employers must report to

MIOSHA any workplace incident that results in an employee’s fatality, inpatient

hospitalization, amputation, or loss of an eye as required by R 408.22139.

(b) If 1 or more of your company's establishments are classified in a nonexempt

industry, then you must keep MIOSHA injury and illness records for all of such

establishments unless your company is partially exempted because of size under these

rules.

(4) Is the partial industry classification exemption based on the industry

classification of my entire company or on the classification of individual business

establishments operated by my company? The partial industry classification exemption

applies to individual business establishments. If a company has several business

establishments engaged in different classes of business activities, some of the

company’s establishments may be required to keep records, while others may be

partially exempt.

(5) How do I determine the correct North American Industry Classification

System (NAICS) code for my company or for individual establishments? You may

determine your NAICS code by using 1 of the following methods, or you may contact

your nearest OSHA office or state agency for help in determining your NAICS code:

(a) You may use the search feature at the U.S. Census Bureau NAICS main Web

page: http://www.census.gov/eos/www/naics/. In the search box for the most recent

NAICS, enter a keyword that describes your kind of business. A list of primary business

activities containing that keyword and the corresponding NAICS codes will appear.

Choose the 1 code that most closely corresponds to your primary business activity, or

refine your search to obtain other choices.

(b) Rather than searching through a list of primary business activities, you may

also view the most recent complete NAICS structure with codes and titles by clicking on

the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page:

https://www.census.gov/naics. Then click on the 2-digit sector code to see all the

NAICS codes under that sector. Then choose the 6-digit code of your interest to see the

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corresponding definition, as well as cross-references and index items, when available.

(c) If you know your old standard industrial classification (SIC) code, you can

also find the appropriate 2002 NAICS code by using the detailed conversion

(concordance) between the 1987 SIC and 2002 NAICS available in Excel format for

download at the ‘‘Concordances’’ link at the U.S. Census Bureau NAICS main Web

page: https://www.census.gov/naics.

(6) The department of labor and economic opportunity shall supply copies of the

forms provided for in these rules and compile, correct, and analyze data obtained

pursuant to these rules. The department shall process petitions for exceptions to these

rules from public employers. The Occupational Safety and Health Administration

(OSHA) of the United States Department of Labor shall process petitions for exceptions

from private employers to ensure uniformity between federal and state rules.

History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS; 2002 AACS; 2015 AACS; 2016

AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22104 Definitions; A to D.

Rule 1104. (1) "Act" means the Michigan occupational safety and health act

(MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.

(2) "Affected employee" means an employee who is affected by the granting or

denial of an exception, or an authorized representative as defined by the act.

(3) “Amputation” means the traumatic loss of a limb or other external body part.

Amputation includes all of the following:

(a) A part, such as a limb or appendage, that has been severed, cut off, or

amputated, either completely or partially.

(b) Fingertip amputations with or without bone loss.

(c) Medical amputations resulting from irreparable damage.

(d) Amputations of body parts that have since been reattached. Amputations do

not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or

chipped teeth.

(4) "Department" means the department of labor and economic opportunity.

(5) "Director" means the director of the department of labor and economic

opportunity.

History: 1979 AC; 1998-2000 AACS; 2015 AACS; 2016 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22105 Definitions; E, F.

Rule 1105. (1) “Employer” means an individual or organization, including the state

or a political subdivision, which employs 1 or more person.

(2) “Establishment” means a single physical location where business is conducted or

where services or industrial operations are performed. For activities where employees do

not work at a single physical location, such as construction; transportation;

communications; electric, gas, and sanitary services; and similar operations, the

establishment is represented by main or branch offices, terminals, stations, and the like

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that either supervise the activities or are the base from which personnel carry out the

activities. The following are examples of an establishment:

(a) Factory.

(b) Mill.

(c) Store.

(d) Hotel.

(e) Restaurant.

(f) Movie theater.

(g) Farm.

(h) Ranch.

(i) Bank.

(j) Sales office.

(k) Warehouse.

(l) Central administrative office.

(m) Single school within a school district.

(n) City garage within the department of public works.

(o) Branch office of the department of state.

(p) Police station within the police department of a city.

(3) “First-aid” means any of the following:

(a) Using a nonprescription medication at nonprescription strength. For medications

available in both prescription and nonprescription form, a recommendation by a

physician or other licensed health care professional to use a nonprescription medication at

prescription strength is considered medical treatment for recordkeeping purposes.

(b) Administering tetanus immunizations. Other immunizations, such as hepatitis B

vaccine or rabies vaccine, are considered medical treatment.

(c) Cleaning, flushing, or soaking wounds on the surface of the skin.

(d) Using wound coverings such as bandages, Band-aids^tm, gauze pads, or the like;

or using butterfly bandages or Steri-strips^tm. Other wound closing devices, such as

sutures, staples, and the like, are considered medical treatment.

(e) Using hot or cold therapy.

(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid

back belts, or the like. Devices that have rigid stays or other systems designed to

immobilize parts of the body are considered medical treatment for recordkeeping

purposes.

(g) Using temporary immobilization devices while transporting an accident victim,

such as splints, slings, neck collars, backboards, and the like.

(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a

blister.

(i) Using eye patches.

(j) Removing foreign bodies from the eye using only irrigation or a cotton swab.

(k) Removing splinters or foreign material from areas other than the eye by

irrigation, tweezers, cotton swabs, or other simple means.

(l) Using finger guards.

(m) Using massages. Physical therapy or chiropractic treatment is considered

medical treatment for recordkeeping purposes.

(n) Drinking fluids for relief of heat stress.

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History: 1979 AC; 1983 AACS; 1986 AACS; 2001 AACS; 2015 AACS.

R 408.22106 Definitions; H to M.

Rule 1106. (1) “Hospitalization” means the inpatient admission to a hospital for

treatment, observation, or any other reason.

(2) “Inpatient hospitalization” means the formal admission to the inpatient service of

a hospital or clinic for care or treatment.

(3) "Medical treatment" means the management and care of a patient to combat

disease or disorder. For the purposes of these rules, "medical treatment" does not include

any of the following:

(a) Visits to a physician or other licensed health care professional solely for

observation or counseling.

(b) The conduct of diagnostic procedures, such as x-rays and blood tests, including

the administration of prescription medications used solely for diagnostic purposes, for

example, eye drops to dilate pupils.

(c) "First-aid" as defined in R 408.22105(3).

History: 1979 AC; 1983 AACS; 2001 AACS; 2015 AACS.

R 408.22107 Definitions; O to Y.

Rule 1107. (1) "Occupational injury or illness" means an abnormal condition or

disorder. Occupational injury is a result of a work accident or from an exposure

involving a single incident in the work environment and includes, but is not limited to, a

cut, fracture, sprain, or amputation. Occupational illnesses include both acute and

chronic illnesses, including, but not limited to, a skin disease, respiratory disorder, or

poisoning. Injuries and illnesses are recordable only if they are new, work-related cases

that meet 1 or more of the recording criteria of these rules.

(2) "Other potentially infectious material" means other potentially infectious

material as defined in General Industry Safety and Health Standard Part 554.

“Bloodborne Infectious Diseases,” as referenced in R 408.22102a. These materials

include the following:

(a) Human bodily fluids, tissues, and organs.

(b) Other materials infected with the HIV or hepatitis B (HBV) virus, such as

laboratory cultures or tissues from experimental animals.

(3) "Physician or other licensed health care professional" means a physician or

other licensed health care professional who is an individual and whose legally permitted

scope of practice, that is, license, registration, or certification, allows him or her to

independently perform, or be delegated the responsibility to perform, the activities

described by these rules.

(4) "Recordable injuries and illness" means an injury or illness that meets the

general recording criteria, and therefore is recordable, if it results in any of the

following:

(a) Death.

(b) Days away from work.

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(c) Restricted work or transfer to another job.

(d) Medical treatment beyond first-aid.

(e) Loss of consciousness.

An employer must also consider a case as meeting the general recording criteria if

it involves a significant injury or illness diagnosed by a physician or other licensed

health care professional, even if it does not result in death, days away from work,

restricted work or job transfer, medical treatment beyond first-aid, or loss of

consciousness.

(5) "Standard threshold shift" means a change in the hearing threshold relative to

the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in

either ear.

(6) "You" means an employer as defined in section 5 of the act, MCL 408.1005.

History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22108 Rescinded.

History: 1986 AACS; 2001 AACS.

R 408.22109 Recording criteria.

Rule 1109. (1) Each employer required to keep records of fatalities, injuries, and

illnesses must record each fatality, injury, and illness that involves all of the following:

(a) Is work-related.

(b) Is a new case.

(c) Meets 1 or more of the general recording criteria of R 408.22112 to

R 408.22112f or the application to specific cases of R 408.22113 to R 408.22119.

(2) What sections of this rule describe recording criteria for recording work-related

injuries and illnesses? The following list indicates which rules address each topic:

(a) Determination of work-relatedness. See R 408.22110 to R 408.22110b.

(b) Determination of a new case. See R 408.22111.

(c) General recording criteria. See R 408.22112 to R 408.22112f.

(d) Additional criteria such as needlestick and sharps injury cases, tuberculosis

cases, and medical removal cases. See R 408.22113 to R 408.22119.

(3) How do I decide whether a particular injury or illness is recordable? The

following decision tree for recording work-related injuries and illnesses shows the steps

involved in making this determination:

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NO

Did the employee experience an

injury or illness?

YES

Is the injury or illness work-

related?

YES

Is the injury or illness a

new case?

NO

Update the previously

recorded injury or illness

entry if necessary.

YES

NO

YES

Does the injury or illness meet the

general recording criteria or the

application to specific cases?

Do not record the

injury or illness.

Record the injury

or illness.

History: 2001 AACS; 2015 AACS.

R 408.22110 Basic requirement.

Rule 1110. You must consider an injury or illness to be work-related if an event or

exposure in the work environment either caused or contributed to the resulting condition

or significantly aggravated a preexisting injury or illness. Work-relatedness is presumed

for injuries and illnesses resulting from events or exposures occurring in the work

environment, unless an exception in R 408.22110a(5) specifically applies.

History: 2001 AACS; 2015 AACS.

Editor's Note: An obvious error in R 408.22110 was corrected at the request of the promulgating

agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule

containing the error was published in Annual Administrative Code Supplement, 2015. The memorandum

requesting the correction was published in Michigan Register, 2017 MR 6.

R 408.22110a Implementation.

Rule 1110a. (1) What is the "work environment"? MIOSHA defines the work

environment as “the establishment and other locations where 1 or more employees are

working or are present as a condition of their employment. The work environment

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includes not only physical locations, but also the equipment or materials used by the

employee during the course of his or her work.”

(2) May 1 business location include 2 or more establishments? Normally, 1 business

location has only 1 establishment. Under limited conditions, an employer may consider 2

or more separate businesses that share a single location to be separate establishments. An

employer may divide 1 location into 2 or more establishments only when all of the

following provisions apply:

(a) Each of the establishments represents a distinctly separate business.

(b) Each business is engaged in a different economic activity.

(c) A single industry description in the North American Industry Classification

System Manual (NAICS) does not apply to the joint activities of the establishments

(d) Separate reports are routinely prepared for each establishment on the number of

employees, their wages and salaries, sales or receipts, and other business information. For

example, if an employer operates a construction company at the same location as a

lumber yard, the employer may consider each business to be a separate establishment.

(3) May an establishment include more than 1 physical location? Yes, but only

under certain conditions. An employer may combine 2 or more physical locations into a

single establishment only when all of the following provisions apply:

(a) The employer operates the locations as a single business operation under

common management.

(b) The locations are all located in close proximity to each other.

(c) The employer keeps 1 set of business records for the locations, such as records

on the number of employees, their wages and salaries, sales or receipts, and other kinds

of business information. For example, 1 manufacturing establishment might include the

main plant, a warehouse a few blocks away, and an administrative services building

across the street.

(4) If an employee telecommutes from home, is his or her home considered a

separate establishment? No. For an employee who telecommutes from home, the

employee's home is not a business establishment and a separate 300 Log is not required.

An employee who telecommutes must be linked to 1 of your establishments under

R 408.22130(4).

(5) Are there situations where an injury or illness occurs in the work environment

and is not considered work-related? Yes. An injury or illness occurring in the work

environment that falls under any of the following exceptions is not work-related, and

therefore is not recordable:

R 408.22110

a(5)

YOU ARE NOT REQUIRED TO RECORD

INJURIES AND ILLNESSES IF...

At the time of the injury or illness, the employee was present in

the work environment as a member of the general public rather than

as an employee.

(a)

(b)

The injury or illness involves signs or symptoms that surface at

work but result solely from a non-work-related event or exposure that

occurs outside the work environment.

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R 408.22110

a(5)

YOU ARE NOT REQUIRED TO RECORD

INJURIES AND ILLNESSES IF...

The injury or illness results solely from voluntary participation in

a wellness program or in a medical, fitness, or recreational activity

such as blood donation, physical examination, flu shot, exercise class,

racquetball, or baseball.

(c)

The injury or illness is solely the result of an employee eating,

drinking, or preparing food or drink for personal consumption

whether bought on the employer's premises or brought in. For

example, if the employee is injured by choking on a sandwich while

in the employer's establishment, the case would not be considered

work-related.

(d)

Note: If the employee is made ill by ingesting food contaminated

by workplace contaminants, such as lead, or gets food poisoning from

food supplied by the employer, then the case would be considered

work-related.

The injury or illness is solely the result of an employee doing

personal tasks, unrelated to his or her employment, at the

establishment outside of the employee's assigned working hours.

(e)

(f)

The injury or illness is solely the result of personal grooming,

self-medication for a non-work-related condition, or is intentionally

self-inflicted.

The injury or illness is caused by a motor vehicle accident and

occurs on a company parking lot or company access road while the

employee is commuting to or from work.

(g)

(h)

The illness is the common cold or flu. Note: Contagious diseases

such as tuberculosis, brucellosis, hepatitis A, or plague are considered

work-related if the employee is infected at work.

The illness is a mental illness. Mental illness will not be

considered work-related unless the employee voluntarily provides the

employer with an opinion from a physician or other licensed health

care professional who has appropriate training and experience, such

as a psychiatrist, psychologist, psychiatric nurse practitioner, or the

like, stating that the employee has a mental illness that is

work-related.

(i)

History: 2015 AACS; 2016 AACS.

R 408.22110b How to handle unusual cases.

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Rule 1110b. (1) How do I handle a case if it is not obvious whether the precipitating

event or exposure occurred in the work environment or occurred away from work? In

these situations, you must evaluate the employee's work duties and environment to decide

whether or not 1 or more events or exposures in the work environment either caused or

contributed to the resulting condition or significantly aggravated a preexisting condition.

(2) How do I know if an event or exposure in the work environment "significantly

aggravated" a preexisting injury or illness? A preexisting injury or illness has been

significantly aggravated, for purposes of MIOSHA injury and illness recordkeeping,

when an event or exposure in the work environment results in any of the following:

(a) Death, if the preexisting injury or illness would likely not have resulted in death

but for the occupational event or exposure.

(b) Loss of consciousness, provided that the preexisting injury or illness would

likely not have resulted in loss of consciousness but for the occupational event or

exposure.

(c) One or more days away from work, or days of restricted work, or days of job

transfer that otherwise would not have occurred but for the occupational event or

exposure.

(d) Medical treatment in a case where medical treatment was not needed for the

injury or illness before the workplace event or exposure, or a change in medical treatment

was necessitated by the workplace event or exposure.

(3) Which injuries and illnesses are considered preexisting conditions? An injury or

illness is a preexisting condition if it resulted solely from a non-work-related event or

exposure that occurred outside the work environment.

(4) How do I decide whether an injury or illness is work-related if the employee is

on travel status at the time the injury or illness occurs? Injuries and illnesses that occur

while an employee is on travel status are work-related if, at the time of the injury or

illness, the employee was engaged in work activities "in the interest of the employer."

Examples of such activities include travel to and from customer contacts, conducting job

tasks, and entertaining or being entertained to transact, discuss, or promote business.

Work-related entertainment includes only entertainment activities being engaged in at the

direction of the employer.

(5) Injuries or illnesses that occur when the employee is on travel status do not have

to be recorded if the injuries or illnesses meet any of the following exceptions:

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If

the

R 408.22110

b(4)

You may use the following to determine if an

injury or illness is work-related.

employee has

...:

(a)

Checked

When a traveling employee checks into a hotel,

into a hotel or motel, or other temporary residence, he or she

motel for 1 or establishes a "home away from home." You must

more days.

evaluate the employee's activities after he or she

checks into the hotel, motel, or other temporary

residence for his or her work-relatedness in the

same manner as you evaluate the activities of a

non-traveling employee. When the employee

checks into the temporary residence, he or she is

considered to have left the work environment.

When the employee begins work each day, he or

she re-enters the work environment.

If the

employee has established a "home away from

home" and is reporting to a fixed worksite each

day, you also do not consider injuries or illnesses

work-related if they occur while the employee is

commuting between the temporary residence and

the job location.

Injuries or illnesses are not considered

work-related if they occur while the employee is on

a personal detour from a reasonably direct route of

travel, that is, has taken a side trip for personal

reasons.

Taken

detour

personal

reasons.

a

for

(b)

(6) How do I decide if a case is work-related when the employee is working at

home? Injuries and illnesses that occur while an employee is working at home, including

work in a home office, will be considered work-related if the injury or illness occurs

while the employee is performing work for pay or compensation in the home, and the

injury or illness is directly related to the performance of work rather than to the general

home environment or setting. For example, if an employee drops a box of work

documents and injures his or her foot, the case is considered work-related. If an

employee's fingernail is punctured by a needle from a sewing machine used to perform

garment work at home, becomes infected and requires medical treatment, the injury is

considered work-related. If an employee is injured because he or she trips on the family

dog while rushing to answer a work phone call, the case is not considered work-related. If

an employee working at home is electrocuted because of faulty home wiring, the injury is

not considered work-related.

History: 2015 AACS.

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R 408.22111 Determination of new cases.

Rule 1111. (1) Basic requirement. You must consider an injury or illness to

be a "new case" if either of the following applies:

(a) The employee has not previously experienced a recorded injury or illness of

the same type that affects the same part of the body.

(b) The employee previously experienced a recorded injury or illness of the same

type that affected the same part of the body but had recovered completely (all

signs and symptoms had disappeared) from the previous injury or illness and an

event or exposure in the work environment caused the signs or symptoms to reappear.

(2) Implementation. When an employee experiences the signs or symptoms of a

chronic work-related illness, do I need to consider each recurrence of signs or

symptoms to be a new case? No, for occupational illnesses where the signs or symptoms

may recur or continue in the absence of an exposure in the workplace, the case must

only be recorded once. Examples include occupational cancer, asbestosis, byssinosis,

and silicosis.

(3) When an employee experiences the signs or symptoms of an injury or

illness as a result of an event or exposure in the workplace, such as an episode of

occupational asthma, must I treat the episode as a new case? Yes, because the episode

or recurrence was caused by an event or exposure in the workplace, the incident must be

treated as a new case.

(4) May I rely on a physician or other licensed health care professional to

determine whether a case is a new case or a recurrence of an old case? You are not

required to seek the advice of a physician or other licensed health care professional.

However, if you do seek such advice, you must follow the physician or other

licensed health care professional's recommendation about whether the case is a

new case or a recurrence. If you receive recommendations from 2 or more

physicians or other licensed health care professionals, you must make a decision as to

which recommendation is the most authoritative (best documented, best reasoned, or

most authoritative), and record the case based upon that recommendation.

History: 1979 AC; 2001 AACS.

GENERAL RECORDING CRITERIA

R 408.22112 Basic requirement.

Rule 1112. (1) You must consider an injury or illness to meet the general recording

criteria, and therefore to be recordable, if the injury or illness results in any of the

following:

(a) Death.

(b) Days away from work.

(c) Restricted work or transfer to another job.

(d) Medical treatment beyond first-aid.

(e) Loss of consciousness.

(2) You must consider a case to meet the general recording criteria if it involves a

significant injury or illness diagnosed by a physician or other licensed health care

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professional, even if it does not result in death, days away from work, restricted work or

job transfer, medical treatment beyond first-aid, or loss of consciousness.

History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS.

R 408.22112a Implementation.

Rule 1112a. (1) How do I decide if a case meets 1 or more of the general recording

criteria? A work-related injury or illness must be recorded if it results in 1 or more of the

following:

(a) Death. See subrule (2) of this rule.

(b) Days away from work. See R 408.22112b.

(c) Restricted work or transfer to another job. See R 408.22112c.

(d) Medical treatment beyond first-aid. See R 408.22112d.

(e) Loss of consciousness. See R 408.22112e.

(f) A significant injury or illness diagnosed by a physician or other licensed health

care professional. See R 408.22112f.

(2) How do I record a work-related injury or illness that results in the employee's

death? You must record an injury or illness that results in death by entering a check mark

on the MIOSHA 300 Log in the space for cases resulting in death. You must also report

any work-related fatality to MIOSHA within 8 hours, as required by R 408.22139.

History: 2015 AACS; 2016 AACS.

R 408.22112b Record work-related injury or illness that results in days away

from work.

Rule 1112b. (1) How do I record a work-related injury or illness that results in days

away from work? When an injury or illness involves 1 or more days away from work,

you must record the injury or illness on the MIOSHA 300 Log with a check mark in the

space for cases involving days away and an entry of the number of calendar days away

from work in the number of days column. If the employee is out for an extended period

of time, you must enter an estimate of the days that the employee will be away, and

update the day count when the actual number of days is known.

(2) Do I count the day on which the injury occurred or the illness began? No. You

begin counting days away on the day after the injury occurred or the illness began.

(3) How do I record an injury or illness when a physician or other licensed health

care professional recommends that the worker stay at home but the employee comes to

work anyway? You must record these injuries and illnesses on the MIOSHA 300 Log

using the check box for cases with days away from work and enter the number of

calendar days away recommended by the physician or other licensed health care

professional. If a physician or other licensed health care professional recommends days

away, you should encourage your employee to follow that recommendation. However,

the days away must be recorded whether the injured or ill employee follows the physician

or licensed health care professional's recommendation or not. If you receive

recommendations from 2 or more physicians or other licensed health care professionals,

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you may make a decision as to which recommendation is the most authoritative, and

record the case based upon that recommendation.

(4) How do I handle a case when a physician or other licensed health care

professional recommends that the worker return to work but the employee stays at home

anyway? In this situation, you must end the count of days away from work on the date the

physician or other licensed health care professional recommends that the employee return

to work.

(5) How do I count weekends, holidays, or other days the employee would not have

worked anyway? You must count the number of calendar days the employee was unable

to work as a result of the injury or illness, regardless of whether or not the employee was

scheduled to work on those days. Weekend days, holidays, vacation days, or other days

off are included in the total number of days recorded if the employee would not have

been able to work on those days because of a work-related injury or illness.

(6) How do I record a case in which a worker is injured or becomes ill on a Friday

and reports to work on a Monday, and was not scheduled to work on the weekend? You

need to record this case only if you receive information from a physician or other

licensed health care professional indicating that the employee should not have worked, or

should have performed only restricted work, during the weekend. If so, you must record

the injury or illness as a case with days away from work or restricted work, and enter the

day counts, as appropriate.

(7) How do I record a case in which a worker is injured or becomes ill on the day

before scheduled time off such as a holiday, a planned vacation, or a temporary plant

closing? You need to record a case of this type only if you receive information from a

physician or other licensed health care professional indicating that the employee should

not have worked, or should have performed only restricted work, during the scheduled

time off. If so, you must record the injury or illness as a case with days away from work

or restricted work, and enter the day counts, as appropriate.

(8) Is there a limit to the number of days away from work I must count? Yes. You

may "cap" the total days away at 180 calendar days. You are not required to keep track of

the number of calendar days away from work if the injury or illness resulted in more than

180 calendar days away from work or days of job transfer or restriction, or both. In such

a case, entering 180 in the total days away column will be considered adequate.

(9) May I stop counting days if an employee who is away from work because of an

injury or illness retires or leaves my company? Yes. If the employee leaves your

company for some reason unrelated to the injury or illness, such as retirement, a plant

closing, or to take another job, you may stop counting days away from work or days of

restriction or job transfer. If the employee leaves your company because of the injury or

illness, you must estimate the total number of days away or days of restriction or job

transfer and enter the day count on the MIOSHA 300 Log.

(10) If a case occurs in one year but results in days away during the next calendar

year, do I record the case in both years? No. You only record the injury or illness once.

You must enter the number of calendar days away for the injury or illness on the

MIOSHA 300 Log for the year in which the injury or illness occurred. If the employee is

still away from work because of the injury or illness when you prepare the annual

summary, estimate the total number of calendar days you expect the employee to be away

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from work, use this number to calculate the total for the annual summary, and then

update the initial log entry later when the day count is known or reaches the 180-day cap.

History: 2015 AACS; 2016 AACS.

R 408.22112c Record work-related injury or illness that results in restricted

work or job transfer.

Rule 1112c. (1) How do I record a work-related injury or illness that results in

restricted work or job transfer? When an injury or illness involves restricted work or job

transfer but does not involve death or days away from work, you must record the injury

or illness on the MIOSHA 300 Log by placing a check mark in the space for job transfer

or restriction and an entry of the number of restricted or transferred days in the restricted

workdays column.

(2) How do I decide if the injury or illness resulted in restricted work? Restricted

work occurs when, as the result of a work-related injury or illness, either of the following

occurs:

(a) You keep the employee from performing 1 or more of the routine functions of

his or her job, or from working the full workday that he or she would otherwise have

been scheduled to work.

(b) A physician or other licensed health care professional recommends that the

employee not perform 1 or more of the routine functions of his or her job, or not work the

full workday that he or she would otherwise have been scheduled to work.

(3) What is meant by "routine functions"? For recordkeeping purposes, an

employee's routine functions are those work activities the employee regularly performs at

least once per week.

(4) Am I required to record restricted work or job transfer if it applies only to the

day on which the injury occurred or the illness began? No. You are not required to record

restricted work or job transfers if you, or the physician or other licensed health care

professional, impose the restriction or transfer only for the day on which the injury

occurred or the illness began.

(5) If you or a physician or other licensed health care professional recommends a

work restriction, is the injury or illness automatically recordable as a "restricted work"

case? No. A recommended work restriction is recordable only if it affects 1 or more of

the employee's routine job functions. To determine whether this is the case, you must

evaluate the restriction in light of the routine functions of the injured or ill employee's

job. If the restriction from you or the physician or other licensed health care professional

keeps the employee from performing 1 or more of his or her routine job functions, or

from working the full workday the injured or ill employee would otherwise have worked,

the employee's work has been restricted and you must record the case.

(6) How do I record a case where the worker works only for a partial work shift

because of a work-related injury or illness? A partial day of work is recorded as a day of

job transfer or restriction for recordkeeping purposes, except for the day on which the

injury occurred or the illness began.

(7) If the injured or ill worker produces fewer goods or services than he or she

would have produced before the injury or illness, but otherwise performs all of the

routine functions of his or her work, is the case considered a restricted work case? No.

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The case is considered restricted work only if the worker does not perform all of the

routine functions of his or her job or does not work the full shift that he or she would

otherwise have worked.

(8) How do I handle vague restrictions from a physician or other licensed health care

professional, such as that the employee engage only in "light duty" or "take it easy for a

week"? If you are not clear about the physician or other licensed health care

professional's recommendation, you may ask that person whether the employee can do all

of his or her routine job functions and work all of his or her normally assigned work shift.

If the answer to both of these questions is "yes," then the case does not involve a work

restriction and does not have to be recorded as such. If the answer to 1 or both of these

questions is "no," the case involves restricted work and must be recorded as a restricted

work case. If you are unable to obtain this additional information from the physician or

other licensed health care professional who recommended the restriction, then record the

injury or illness as a case involving restricted work.

(9) What do I do if a physician or other licensed health care professional

recommends a job restriction meeting MIOSHA's definition, but the employee does all of

his or her routine job functions anyway? You must record the injury or illness on the

MIOSHA 300 Log as a restricted work case. If a physician or other licensed health care

professional recommends a job restriction, you should ensure that the employee complies

with that restriction. If you receive recommendations from 2 or more physicians or other

licensed health care professionals, you may make a decision as to which recommendation

is the most authoritative, and record the case based upon that recommendation.

(10) How do I decide if an injury or illness involved a transfer to another job? If you

assign an injured or ill employee to a job other than his or her regular job for part of the

day, the case involves transfer to another job. Note: This does not include the day on

which the injury or illness occurred.

(11) Are transfers to another job recorded in the same way as restricted work cases?

Yes. Both job transfer and restricted work cases are recorded in the same box on the

MIOSHA 300 Log. For example, if you assign, or a physician or other licensed health

care professional recommends that you assign, an injured or ill worker to his or her

routine job duties for part of the day and to another job for the rest of the day, the injury

or illness involves a job transfer. You must record an injury or illness that involves a job

transfer by placing a check in the box for job transfer.

(12) How do I count days of job transfer or restriction? You count days of job

transfer or restriction in the same way you count days away from work, using

R 408.22112b (2) to (9). The only difference is that, if you permanently assign the injured

or ill employee to a job that has been modified or permanently changed in a manner that

eliminates the routine functions the employee was restricted from performing, you may

stop the day count when the modification or change is made permanent. You must count

at least 1 day of restricted work or job transfer for such cases.

History: 2015 AACS; 2016 AACS.

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R 408.22112d Recording injury or illness that involves medical treatment

beyond first-aid.

Rule 1112d. (1) How do I record an injury or illness that involves medical treatment

beyond first-aid? If a work-related injury or illness results in medical treatment beyond

first-aid, you must record it on the MIOSHA 300 Log. If the injury or illness did not

involve death, 1 or more days away from work, 1 or more days of restricted work, or 1 or

more days of job transfer, you enter a check mark in the box for cases where the

employee received medical treatment but remained at work and was not transferred or

restricted.

(2) What is the definition of medical treatment? "Medical treatment" means the

management and care of a patient to combat disease or disorder. For the purposes of these

rules, medical treatment does not include any of the following:

(a) Visits to a physician or other licensed health care professional solely for

observation or counseling.

(b) The conduct of diagnostic procedures, such as X-rays and blood tests, including

the administration of prescription medications used solely for diagnostic purposes, such

as eye drops to dilate pupils.

(c) "First-aid" as defined in subrule (3) of this rule.

(3) What is "first-aid"? For the purposes of these rules, "first-aid" means any of the

following:

(a) Using a nonprescription medication at nonprescription strength. For medications

available in both prescription and nonprescription form, a recommendation by a

physician or other licensed health care professional to use a nonprescription medication at

prescription strength is considered medical treatment for recordkeeping purposes.

(b) Administering tetanus immunizations. Administering other immunizations, such

as hepatitis B vaccine or rabies vaccine, is considered medical treatment.

(c) Cleaning, flushing, or soaking wounds on the surface of the skin.

(d) Using wound coverings such as bandages, Band-aids^TM, gauze pads, or the like;

or using butterfly bandages or Steri-strips^TM. Using other wound closing devices, such as

sutures, staples, or the like, is considered medical treatment.

(e) Using hot or cold therapy.

(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid

back belts, or the like. Using devices that have rigid stays or other systems designed to

immobilize parts of the body is considered medical treatment for recordkeeping purposes.

(g) Using temporary immobilization devices while transporting an accident victim,

such as splints, slings, neck collars, back boards, and the like.

(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a

blister.

(i) Using eye patches.

(j) Removing foreign bodies from the eye using only irrigation or a cotton swab.

(k) Removing splinters or foreign material from areas other than the eye by

irrigation, tweezers, cotton swabs, or other simple means.

(l) Using finger guards.

(m) Using massages. Physical therapy or chiropractic treatment is considered

medical treatment for recordkeeping purposes.

(n) Drinking fluids for relief of heat stress.

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(4) Are any other procedures included in first-aid? No. This is a complete list of all

treatments considered first-aid for the purposes of these rules.

(5) Does the professional status of the person providing the treatment have any

effect on what is considered first-aid or medical treatment? No. MIOSHA considers the

treatments listed in subrule (3) of this rule to be first-aid regardless of the professional

status of the person providing the treatment. Even when these treatments are provided by

a physician or other licensed health care professional, they are considered first-aid.

Similarly, MIOSHA considers treatment beyond first-aid to be medical treatment even

when it is provided by someone other than a physician or other licensed health care

professional

(6) What if a physician or other licensed health care professional recommends

medical treatment but the employee does not follow the recommendation? If a physician

or other licensed health care professional recommends medical treatment, you should

encourage the injured or ill employee to follow that recommendation. However, you must

record the case even if the injured or ill employee does not follow the physician or other

licensed health care professional's recommendation.

History: 2015 AACS; 2016 AACS.

R 408.22112e Record of work-related injury or illness case involving loss of

consciousness recordable.

Rule 1112e. Is every work-related injury or illness case involving a loss of

consciousness recordable? Yes. You must record a work-related injury or illness if the

worker becomes unconscious, regardless of the length of time the employee remains

unconscious.

History: 2015 AACS.

R 408.22112f "Significant" diagnosed injury or illness that is recordable,

Rule 1112f. What is a "significant" diagnosed injury or illness that is recordable

under the general criteria, even if it does not result in death, days away from work,

restricted work or job transfer, medical treatment beyond first-aid, or loss of

consciousness? Work-related cases involving cancer, a chronic irreversible disease, a

fractured or cracked bone, or a punctured eardrum must always be recorded under the

general criteria at the time of diagnosis by a physician or other licensed health care

professional.

Note: Most significant injuries and illnesses will result in 1 of the criteria listed in

R 408.22112, such as death, days away from work, restricted work or job transfer,

medical treatment beyond first-aid, or loss of consciousness. However, there are some

significant injuries, such as a punctured eardrum or a fractured toe or rib, for which

neither medical treatment nor work restrictions may be recommended. In addition, there

are certain significant progressive diseases, such as byssinosis, silicosis, and certain types

of cancer, for which medical treatment or work restrictions may not be recommended at

the time of diagnosis but are likely to be recommended as the disease progresses. Cancer,

chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are

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generally considered significant injuries and illnesses, and must be recorded at the initial

diagnosis even if medical treatment or work restrictions are not recommended, or are

postponed, in a particular case.

History: 2015 AACS.

R 408.22113 Recording criteria for needlestick and sharps injuries.

Rule 1113. (1) You must record all work-related needlestick injuries and cuts from

sharp objects that are contaminated with another person’s blood or other potentially

infectious material, as defined in Occupational Health Standard Part 554 “Bloodborne

Infectious Diseases,” as referenced in R 408.22102a. You must enter the case on the

MIOSHA 300 Log as an injury. To protect the employee’s privacy, you may not enter the

employee’s name on the MIOSHA 300 Log (see the requirements for privacy cases in

R 408.22129(7) to (10).

(2) What does "other potentially infectious material” mean? The term "other

potentially infectious material” is defined in R 408.22107(2). These materials include the

following:

(a) Human bodily fluids, tissues, and organs.

(b) Other materials infected with the HIV or hepatitis B (HBV) virus, such as

laboratory cultures or tissues from experimental animals.

(3) Does this mean that I must record all cuts, lacerations, punctures, and scratches?

No, you need to record cuts, lacerations, punctures, and scratches only if they are

work-related and involve contamination with another person’s blood or other potentially

infectious material. If the cut, laceration, or scratch involves a clean object, or a

contaminant other than blood or other potentially infectious material, you need to record

the case only if it meets 1 or more of the recording criteria in R 408.22112 to

R 408.22112f.

(4) If I record an injury and the employee is later diagnosed with an infectious

bloodborne disease, do I need to update the MIOSHA 300 Log? Yes, you must update

the classification of the case on the MIOSHA 300 Log if the case results in death, days

away from work, restricted work, or job transfer. You must also update the description to

identify the infectious disease and change the classification of the case from an injury to

an illness.

(5) What if one of my employees is splashed or exposed to blood or other potentially

infectious material without being cut or scratched? Do I need to record this incident? You

need to record such an incident on the MIOSHA 300 Log as an illness if any of the

following provisions apply:

(a) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or

hepatitis C.

(b) It meets 1 or more of the recording criteria in R 408.22112 to R 408.22112f.

History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22114 Recording criteria for cases involving medical removal under

MIOSHA standards.

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Rule 1114. (1) Basic requirement. If an employee is medically removed under the

medical surveillance requirements of an MIOSHA standard, you must record the case on

the MIOSHA 300 Log.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) How do I classify medical removal cases on the MIOSHA 300 Log? You must

enter each medical removal case on the MIOSHA 300 Log as either a case involving days

away from work or a case involving restricted work activity, depending on how you

decide to comply with the medical removal requirement. If the medical removal is the

result of a chemical exposure, you must enter the case on the MIOSHA 300 Log by

checking the "poisoning" column.

(b) Do all of MIOSHA's standards have medical removal provisions? No, some

MIOSHA standards, such as the standards covering bloodborne pathogens and noise, do

not have medical removal provisions. Many MIOSHA standards that cover specific

chemical substances have medical removal provisions. These standards include, but are

not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene.

(c) Am I required to record a case where I voluntarily removed the employee from

exposure before the medical removal criteria in a MIOSHA standard are met? No, if the

case involves voluntary medical removal before the medical removal levels required by a

MIOSHA standard, you do not need to record the case on the MIOSHA 300 Log.

History: 1979 AC; 1983 AACS; 2001 AACS; 2016 AACS.

R 408.22115 Recording criteria for cases involving occupational hearing loss,

after January 1, 2003.

Rule 1115. (1) If an employee's hearing test (audiogram) reveals that the employee

has experienced a work-related standard threshold shift (STS) in hearing in 1 or both

ears, and the employee's total hearing level is 25 decibels (dB) or more above

audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear or ears as the

STS, you must record the case on the MIOSHA 300 Log, column 5.

(2) What is a standard threshold shift? A standard threshold shift, or STS, is defined

in Occupational Health Standard Part 380 “Occupational Noise Exposure in General

Industry” as referenced in R 408.22102a, as a change in hearing threshold, relative to the

baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000,

3000, and 4000 hertz (Hz) in 1 or both ears.

(3) How do I evaluate the current audiogram to determine whether an employee has

an STS and a 25 dB hearing level?

(a) If the employee has never previously experienced a recordable hearing loss, then

you must compare the employee's current audiogram with that employee's baseline

audiogram. If the employee has previously experienced a recordable hearing loss, then

you must compare the employee's current audiogram with the employee's revised

baseline audiogram, which is the audiogram reflecting the employee's previous

recordable hearing loss case.

(b) 25 dB loss. Audiometric test results reflect the employee's overall hearing ability

in comparison to audiometric zero. Therefore, using the employee's current audiogram,

you must use the average hearing level at 2000, 3000, and 4000 Hz to determine if the

employee's total hearing level is 25 dB or more.

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(4) May I adjust the current audiogram to reflect the effects of aging on hearing?

Yes. When you are determining whether an STS has occurred, you may age adjust the

employee's current audiogram results by using Table 4, as appropriate, from

Occupational Health Standard Part 380 “Occupational Noise Exposure in General

Industry” as referenced in R 408.22102a. You may not use an age adjustment when

determining whether the employee's total hearing level is 25 dB or more above

audiometric zero.

(5) Am I required to record the hearing loss if I am going to retest the employee's

hearing? No. If you retest the employee's hearing within 30 days of the first test, and the

retest does not confirm the recordable STS, you are not required to record the hearing

loss case on the MIOSHA 300 Log. If the retest confirms the recordable STS, you must

record the hearing loss illness within 7 calendar days of the retest. If subsequent

audiometric testing performed under the testing requirements of Occupational Health

Standard Part 380 “Occupational Noise Exposure in General Industry” as referenced in

R 408.22102a, indicates that an STS is not persistent, then you may erase or line-out the

recorded entry.

(6) Are there any special rules for determining whether a hearing loss case is

work-related? No. You must use the requirements in R 408.22110 to R 408.22110b to

determine if the hearing loss is work-related. If an event or exposure in the work

environment either caused or contributed to the hearing loss, or significantly aggravated a

pre-existing hearing loss, you must consider the case to be work-related.

(7) If a physician or other licensed health care professional determines that the

hearing loss is not work-related or has not been significantly aggravated by occupational

noise exposure, you are not required to consider the case work-related or to record the

case on the MIOSHA 300 Log.

(8) How do I complete the MIOSHA 300 Log for a hearing loss case? When you

enter a recordable hearing loss case on the MIOSHA 300 Log, you must check the 300

Log column for hearing loss.

History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS; 2016 AACS.

R 408.22116 Rescinded.

History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS.

R 408.22117 Recording criteria for work-related tuberculosis cases.

Rule 1117. (1) If any of your employees has been occupationally exposed to anyone

with a known case of active tuberculosis (TB), and that employee subsequently develops

a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician

or other licensed health care professional, you must record the case on the MIOSHA 300

Log by checking the "respiratory condition" column.

(2) Am I required to record, on the log, a positive TB skin test result obtained at a

pre-employment physical? No. You are not required to record it because the employee

was not occupationally exposed to a known case of active tuberculosis in your workplace.

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(3) May I line-out or erase a recorded TB case if I obtain evidence that the case was

not caused by occupational exposure? Yes. You may line-out or erase the case from the

log under any of the following circumstances:

(a) The worker is living in a household with a person who has been diagnosed with

active TB.

(b) The department of community health has identified the worker as a contact of an

individual with a case of active TB unrelated to the workplace.

(c) A medical investigation shows that the employee's infection was caused by

exposure to TB away from work, or proves that the case was not related to the workplace

TB exposure.

History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22118 Falsification, or failure to keep records or reports.

Rule 1118.(1)

Whoever

knowingly

makes

a

false

statement,

representation, or certification in an application, record, report, plan or other document

filed or required to be maintained pursuant to the act, or fails to maintain or transmit

records or reports as required under the act, shall be subject to the provisions of section

35(7) of the act.

(2) Failure to maintain records or file reports required by this part, or in the details

required by forms and instructions issued under this part, is a violation of the act

and may result in the issuance of citations and assessment of penalties as provided

for in sections 33, 35, 41, and 42 of the act.

History: 1979 AC.

R 408.22119 Record keeping on federal OSHA forms.

Rule 1119. Records maintained by an employer pursuant to this standard on the

federal record keeping forms shall be regarded as in compliance with the state

requirements as provided in this standard. The OSHA forms are the following:

(a) OSHA Form 300A “Summary of Work-Related Injuries and Illnesses.”

(b) OSHA Form 300 “Log of Work-Related Injuries and Illnesses.”

(c) OSHA Form 301 “Injury and Illness Incident Report.”.

History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22120 Rescinded.

History: 1979 AC; 1998-2000 AACS; 2001 AACS.

R 408.22121 Rescinded.

History: 1979 AC; 2001 AACS.

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R 408.22122 Rescinded.

History: 1979 AC; 1983 AACS; 1986 AACS; 1998-2000 AACS; 2001 AACS.

R 408.22129 Forms.

Rule 1129 (1) You must use MIOSHA 300A, 300, and 301 forms, or equivalent

forms, and shall complete the forms in the detail required by the forms and the

instructions contained in the forms for the purpose of recording recordable injuries and

illnesses. The MIOSHA forms are the following:

(a) MIOSHA Form 300A “Summary of Work-Related Injuries and Illnesses.”

(b) MIOSHA Form 300 “Log of Work-Related Injuries and Illnesses.”

(c) MIOSHA Form 301 “Injury and Illness Incident Report.”

(2) What do I need to do to complete the MIOSHA 300 Log? You must enter

information about your business at the top of the MIOSHA 300 Log, enter a 1 or 2-line

description for each recordable injury or illness, and summarize this information on the

MIOSHA 300A at the end of the year.

(3) What do I need to do to complete the MIOSHA 301 Incident Report? You must

complete a MIOSHA 301 Incident Report form, or an equivalent form, for each

recordable injury or illness entered on the MIOSHA 300 Log.

(4) How quickly must each injury or illness be recorded? You must enter each

recordable injury or illness on the MIOSHA 300 Log and 301 Incident Report within 7

calendar days of receiving information that a recordable injury or illness has occurred.

(5) What is an equivalent form? An equivalent form is a form that has the same

information, is as readable and understandable, and is completed using the same

instructions as the MIOSHA form it replaces. Many employers use an insurance form

instead of the MIOSHA 301 Incident Report, or supplement an insurance form by adding

any additional information required by MIOSHA.

(6) May I keep my records on a computer? Yes. If the computer can produce

equivalent forms when they are needed as described under R 408.22135 and R 408.22140

you may keep your records using the computer system.

(7) Are there situations where I do not put the employee's name on the forms for

privacy reasons? Yes. If you have a "privacy concern case” you may not enter the

employee's name on the MIOSHA 300 Log. Instead enter "privacy case" in the space

normally used for the employee's name. This will protect the privacy of the injured or ill

employee when another employee a former employee or an authorized employee

representative is provided access to the MIOSHA 300 Log under R 408.22135(3). You

must keep a separate confidential list of the case numbers and employee names for your

privacy concern cases so you can update the cases and provide the information to the

government if asked to do so.

(8) How do I determine if an injury or illness is a privacy concern case? You must

consider all of the following injuries or illnesses to be privacy concern cases:

(a) An injury or illness to an intimate body part or the reproductive system.

(b) An injury or illness resulting from a sexual assault.

(c) Mental illnesses.

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(d) HIV infection, hepatitis, or tuberculosis.

(e) Needlestick injuries and cuts from sharp objects that are contaminated with

another person's blood or other potentially infectious material. See R 408.22113(2) and

R 408.22107(2) for definitions.

(f) Other illnesses, if the employee independently and voluntarily requests that his or

her name not be entered on the log. Musculoskeletal disorders (MSDs) are not considered

privacy concern cases.

(9) May I classify any other types of injuries and illnesses as privacy concern cases?

No. The list in subrule(8) of this rule is a complete list of all injuries and illnesses

considered privacy concern cases for the purposes of these rules.

(10) If I have removed the employee's name, but still believe that the employee may

be identified from the information on the forms, is there anything else that I can do to

further protect the employee's privacy? Yes. If you have a reasonable basis to believe that

information describing the privacy concern case may be personally identifiable even

though the employee's name has been omitted, you may use discretion in describing the

injury or illness on both the MIOSHA 300 and 301 forms. You must enter enough

information to identify the cause of the incident and the general severity of the injury or

illness, but you do not need to include details of an intimate or private nature. For

example, a sexual assault case could be described as "injury from assault," or an injury to

a reproductive organ could be described as "lower abdominal injury."

(11) What must I do to protect employee privacy if I wish to provide access to the

MIOSHA forms 300 and 301 to persons other than government representatives,

employees, former employees, or authorized representatives? If you decide to voluntarily

disclose the forms to persons other than government representatives, employees, former

employees, or authorized representatives, as required by R 408.22135 and R 408.22140,

you must remove or hide the employees' names and other personally identifying

information, except for the following cases. You may disclose the forms with personally

identifying information only as follows:

(a) To an auditor or consultant hired by the employer to evaluate the safety and

health program.

(b) To the extent necessary for processing a claim for workers' compensation or

other insurance benefits.

(c) To a public health authority or law enforcement agency for uses and disclosures

for which consent, an authorization, or opportunity to agree or object is not required

under the United States Department of Health and Human Services Standards for privacy

of individually identifiable health information, 45 C.F.R. §164.512 “Uses and disclosures

for which an authorization or opportunity to agree or object is not required,” amended

January 6, 2016, as adopted in R 408.22102a.

History: 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22130 Multiple business establishments.

Rule 1130. (1) You must keep a separate MIOSHA 300 Log for each establishment

that is expected to be in operation for 1 year or longer.

(2) Do I need to keep MIOSHA injury and illness records for short-term

establishments, that is, establishments that will exist for less than a year? Yes. However,

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you are not required to keep a separate MIOSHA 300 Log for each such establishment.

You may keep 1 MIOSHA 300 Log that covers all of your short-term establishments.

You may also include the short-term establishments' recordable injuries and illnesses on a

MIOSHA 300 Log that covers short-term establishments for individual company

divisions or geographic regions.

(3) May I keep the records for all of my establishments at my headquarters location

or at some other central location? Yes. You may keep the records for an establishment at

your headquarters or other central location if you comply with both of the following

provisions:

(a) Transmit information about the injuries and illnesses from the establishment to

the central location within 7 calendar days of receiving information that a recordable

injury or illness has occurred.

(b) Produce and send the records from the central location to the establishment

within the time frames required by R 408.22135 and R 408.22140 when you are required

to provide records to a government representative, employees, former employees, or

employee representatives.

(4) Some of my employees work at several different locations or do not work at any

of my establishments at all. How do I record cases for these employees? You must link

each of your employees with 1 of your establishments, for recordkeeping purposes. You

must record the injury and illness on the MIOSHA 300 Log of the injured or ill

employee's establishment, or on a MIOSHA 300 Log that covers that employee's

short-term establishment.

(5) How do I record an injury or illness when an employee of 1 of my

establishments is injured or becomes ill while visiting or working at another of my

establishments, or while working away from any of my establishments? If the injury or

illness occurs at 1 of your establishments, you must record the injury or illness on the

MIOSHA 300 Log of the establishment at which the injury or illness occurred. If the

employee is injured or becomes ill and is not at 1 of your establishments, you must record

the case on the MIOSHA 300 Log at the establishment at which the employee normally

works.

History: 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22131 Covered employees.

Rule 1131. (1) Basic requirement. You must record on the MIOSHA 300 Log the

recordable injuries and illnesses of all employees on your payroll, whether they are labor,

executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record

the recordable injuries and illnesses that occur to employees who are not on your payroll

if you supervise these employees on a day-to-day basis. If your business is organized as a

sole proprietorship or partnership, the owner or partners are not considered employees for

recordkeeping purposes.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) If a self-employed person is injured or becomes ill while doing work at my

business, do I need to record the injury or illness? No, self-employed individuals are not

covered by these rules.

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(b) If I obtain employees from a temporary help service, employee leasing service,

or personnel supply service, am I required to record an injury or illness occurring to one

of those employees? You must record these injuries and illnesses if you supervise these

employees on a day-to-day basis.

(c) If an employee in my establishment is a contractor's employee, must I record an

injury or illness occurring to that employee? If the contractor's employee is under the

day-to-day supervision of the contractor, the contractor is responsible for recording the

injury or illness. If you supervise the contractor employee's work on a day-to-day basis,

you must record the injury or illness.

(d) Must the personnel supply service, temporary help service, employee leasing

service, or contractor also record the injuries or illnesses occurring to temporary, leased,

or contract employees that I supervise on a day-to-day basis? No, you and the temporary

help service, employee leasing service, personnel supply service, or contractor should

coordinate your efforts to make sure that each injury and illness is recorded only once:

either on your MIOSHA 300 Log if you provide day-to-day supervision or on the other

employer's MIOSHA 300 Log if that company provides day-to-day supervision.

History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2016 AACS.

R 408.22132 Annual summary.

Rule 1132. (1) Basic requirement. At the end of each calendar year, you must do all

of the following:

(a) Review the MIOSHA 300 Log to verify that the entries are complete and

accurate, and correct any deficiencies identified.

(b) Create an annual summary of injuries and illnesses recorded on the MIOSHA

300 Log.

(c) Certify the summary.

(d) Post the annual summary.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) How extensively am I required to review the MIOSHA 300 Log entries at the

end of the year? You must review the entries as extensively as necessary to make sure

that they are complete and correct.

(b) How do I complete the annual summary? You must do all of the following:

(i) Total the columns on the MIOSHA 300 Log. If you had no recordable cases,

enter zeros for each column total.

(ii) Enter the calendar year covered, the company's name, establishment name,

establishment address, annual average number of employees covered by the MIOSHA

300 Log, and the total hours worked by all employees covered by the MIOSHA 300 Log.

(iii) If you are using an equivalent form other than the MIOSHA 300A Summary

form, as permitted under R 408.22129(5), the summary you use must also include the

employee access and employer penalty statements found on the MIOSHA 300A form.

(c) How do I certify the annual summary? A company executive must certify that he

or she has examined the MIOSHA 300 Log and that he or she reasonably believes, based

on his or her knowledge of the process by which the information was recorded, that the

annual summary is correct and complete.

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(d) Who is considered a company executive? The company executive who certifies

the log must be any of the following persons:

(i) An owner of the company, only if the company is a sole proprietorship or

partnership.

(ii) An officer of the corporation.

(iii) The highest ranking company official working at the establishment.

(iv) The immediate supervisor of the highest ranking company official working at

the establishment.

(e) How do I post the annual summary? You must post a copy of the annual

summary in each establishment in a conspicuous place or places where notices to

employees are customarily posted. You must ensure that the posted annual summary is

not altered, defaced, or covered by other material.

(f) When am I required to post the annual summary? You must post the summary

not later than February 1 of the year following the year covered by the records and keep

the posting in place until April 30.

History: 1979 AC; 2001 AACS; 2016 AACS.

R 408.22133 Retention and updating.

Rule 1133. (1) Basic requirement. You must save the MIOSHA 300 Log, the privacy

case list, if one exists, the annual summary, and the MIOSHA 301 Incident Report forms

for 5 years following the end of the calendar year that these records cover.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) Am I required to update the MIOSHA 300 Log during the 5-year storage period?

Yes, during the storage period, you must update your stored MIOSHA 300 Logs to

include newly discovered recordable injuries or illnesses and to show any changes that

have occurred in the classification of previously recorded injuries and illnesses. If the

description or outcome of a case changes, you must remove or line out the original entry

and enter the new information.

(b) Am I required to update the annual summary? No, you are not required to update

the annual summary, but you may do so if you wish.

(c) Am I required to update the MIOSHA 301 Incident Report? No, you are not

required to update the MIOSHA 301 Incident Report, but you may do so if you wish.

History: 1979 AC; 2001 AACS; 2016 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22134 Change in business ownership.

Rule 1134. If your business changes ownership, you are responsible for recording

and reporting work-related injuries and illnesses only for that period of the year during

which you owned the establishment. You must transfer your records under this standard

to the new owner. The new owner must save all records of the establishment kept by the

prior owner, as required by R 408.22133, but need not update or correct the records of the

prior owner.

History: 1979 AC; 2001 AACS; 2016 AACS.

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R 408.22135 Employee involvement.

Rule 1135. (1) Basic requirement. Your employees and their representatives must be

involved in the recordkeeping system as follows:

(a) You must inform each employee of how he or she is to report a work-related

injury or illness to you.

(b) You must provide employees with the information described in subrule (2)(c) of

this rule.

(c) You must provide access to your injury and illness records for your employees

and their representatives.

(2) Implementation. What must I do to make sure that employees report

work-related injuries and illnesses to me?

(a) You must establish a reasonable procedure for employees to report work-related

injuries and illnesses promptly and accurately. A procedure is not reasonable if it would

deter or discourage a reasonable employee from accurately reporting a workplace injury

or illness.

(b) You must inform each employee of your procedure for reporting work-related

injuries and illnesses.

(c) You must inform each employee of both of the following:

(i) Employees have the right to report work-related injuries and illnesses.

(ii) Employers are prohibited from discharging or in any manner discriminating

against employees for reporting work-related injuries or illnesses.

(d) You must not discharge or in any manner discriminate against any employee for

reporting a work-related injury or illness.

(3) Am I required to give my employees and their representatives access to the

MIOSHA injury and illness records? Yes, your employees, former employees, their

personal representatives, and their authorized employee representatives have the right to

access the MIOSHA injury and illness records, with some limitations, as follows:

(a) Who is an authorized employee representative? An authorized employee

representative is an authorized collective bargaining agent of employees.

(b) Who is a "personal representative" of an employee or former employee? A

personal representative is either of the following:

(i) Any person who the employee or former employee designates in writing.

(ii) The legal representative of a deceased or legally incapacitated employee or

former employee.

(c) If an employee or representative asks for access to the MIOSHA 300 Log, when

am I required to provide it? When an employee, former employee, personal

representative, or authorized employee representative asks for copies of your current or

stored MIOSHA 300 Log or Logs for an establishment the employee or former employee

has worked in, you must give the requester a copy of the relevant MIOSHA 300 Log or

Logs by the end of the next business day.

(d) May I remove the names of the employees or any other information from the

MIOSHA 300 Log before I give copies to an employee, former employee, or employee

representative? No, you must leave the names on the 300 Log. However, to protect the

privacy of injured and ill employees, you may not record the employee's name on the

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MIOSHA 300 Log for certain "privacy concern cases," as specified in R 408.22129(7) to

(10).

(e) If an employee or representative asks for access to the MIOSHA 301 Incident

Report, when am I required to provide it?

(i) When an employee, former employee, or personal representative asks for a copy

of the MIOSHA 301 Incident Report describing an injury or illness to that employee or

former employee, you must give the requester a copy of the MIOSHA 301 Incident

Report containing that information by the end of the next business day.

(ii) When an authorized employee representative asks for copies of the MIOSHA

301 Incident Reports for an establishment where the agent represents employees under a

collective bargaining agreement, you must give copies of those forms to the authorized

employee representative within 7 calendar days.

You are only required to give the authorized employee representative information

from the MIOSHA 301 Incident Report section titled "tell us about the case." You must

remove all other information from the copy of the MIOSHA 301 Incident Report or the

equivalent substitute form that you give to the authorized employee representative.

(f) May I charge for the copies? No, you may not charge for these copies the first

time they are provided. However, if one of the designated persons asks for additional

copies, you may assess a reasonable charge for retrieving and copying the records.

History: 1979 AC; 2001 AACS; 2002 AACS; 2016 AACS.

R 408.22136 Prohibition against discrimination.

Rule 1136. In addition to R 408.22135, section 65 of the act prohibits you from

discriminating against an employee for reporting a work-related fatality, injury, or illness.

Section 65 of the act also protects the employee who files a safety and health complaint,

asks for access to the records under this part, or otherwise exercises any rights afforded

by the act.

History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2016 AACS.

R 408.22137 Rescinded.

History: 1979 AC; 2016 AACS.

R 408.22138 Private sector variances from recordkeeping rule.

Rule 1138.(1) If you are a private employer and wish to keep records in a different

manner from the manner prescribed by these rules, you may submit a variance petition to

the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of

Labor, Washington, DC 20210. You can obtain a variance only if you can show that your

alternative recordkeeping system provides all of the following:

(a) Collects the same information as this standard requires.

(b) Meets the purposes of the act.

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(c) Does not interfere with the administration of the occupational safety and health

act of 1970, 29 U.S.C. §651 et seq.

(2) What do I need to include in my variance petition? You must include all of the

following items in your petition:

(a) Your name and address.

(b) A list of the state or states where the variance would be used.

(c) The address or addresses of the business establishment or establishments

involved.

(d) A description of why you are seeking a variance.

(e) A description of the different recordkeeping procedures you propose to use.

(f) A description of how your proposed procedures will collect the same information

as would be collected by these rules and achieve the purpose of the occupational safety

and health act of 1970, 29 U.S.C. §651 et seq.

(g) A statement that you have informed your employees of the petition by giving

them or their authorized representative a copy of the petition and by posting a statement

summarizing the petition in the same way as notices are posted under 29 C.F.R. 1903.2

“Posting of notice; availability of the Act, regulations and applicable standards” rule (a),

as adopted in R 408.22102a.

(3) How will the assistant secretary handle my variance petition? The assistant

secretary will take the following steps to process your variance petition:

(a) The assistant secretary will offer your employees and their authorized

representatives an opportunity to submit written data, views, and arguments about your

variance petition.

(b) The assistant secretary may allow the public to comment on your variance

petition by publishing the petition in the Federal Register. If the petition is published, the

notice will establish a public comment period and may include a schedule for a public

meeting on the petition.

(c) After reviewing your variance petition and any comments from your employees

and the public, the assistant secretary will decide if your proposed recordkeeping

procedures will meet the purposes of the occupational safety and health act of 1970, 29

U.S.C. §651 et seq., will not otherwise interfere with the act, and will provide the same

information as the 29 C.F.R. §1904 “Recording and Reporting of Occupational Injuries

and Illnesses” as amended 2016, as adopted in R 408.22102a, regulations provide. If your

procedures meet these criteria, the assistant secretary may grant the variance subject to

such conditions as he or she finds appropriate.

(d) If the assistant secretary grants your variance petition, OSHA will publish a

notice in the Federal Register to announce the variance. The notice will include the

practices the variance allows you to use, any conditions that apply, and the reasons for

allowing the variance.

(4) If I apply for a variance, may I use my proposed recordkeeping procedures while

the assistant secretary is processing the variance petition? No. Alternative recordkeeping

practices are only allowed after the variance is approved. You must comply with the 29

C.F.R §1904 “Recording and Reporting of Occupational Injuries and Illnesses,” as

amended 2016, as adopted in R 408.22102a, regulations while the assistant secretary is

reviewing your variance petition.

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(5) If I have already been cited by MIOSHA for not following these rules, will my

variance petition have any effect on the citation and penalty? No. In addition, the

assistant secretary may elect not to review your variance petition if it includes an element

for which you have been cited and the citation is still under review by a court, an

administrative law judge (ALJ), or the MIOSHA review commission.

(6) If I receive a variance, may the assistant secretary revoke the variance at a later

date? Yes, the assistant secretary may revoke your variance if he or she has good cause.

The procedures revoking a variance will follow the same process as OSHA uses for

reviewing variance petitions, as provided in subrule (3) of this rule. Except in cases of

willfulness or where necessary for public safety, the assistant secretary will do both of the

following:

(a) Notify you in writing of the facts or conduct that may warrant revocation of your

variance.

(b) Provide you, your employees, and authorized employee representatives with an

opportunity to participate in the revocation procedures.

History: 1979 AC; 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22139 Reporting fatalities, hospitalizations, amputations, and losses of eye

as result of work-related incidents to MIOSHA.

Rule 1139. (1) Fatalities. Within 8 hours after the death of any employee from a

work-related incident, you must report the fatality by telephone to the MIOSHA toll-free

central telephone number: 1-800-858-0397.

(2) Hospitalizations, amputations, and losses of an eye. Within 24 hours after the

inpatient hospitalization of 1 or more employees or an employee’s amputation or an

employee’s loss of an eye, as a result of a work-related incident, you must report the

inpatient hospitalization, amputation, or loss of an eye to MIOSHA.

(3) You must report the inpatient hospitalization, amputation, or loss of an eye using

1 of the following methods:

(a) By telephone or in person to the MIOSHA office that is nearest to the site of the

incident.

(b) By telephone to the MIOSHA toll-free central telephone number:

1-844-464-6742.

(c) By electronic submission using the reporting application located on MIOSHA’s

web site at www.michigan.gov/recordkeeping.

(4) If the MIOSHA office is closed, may I report the inpatient hospitalization,

amputation, or loss of an eye by leaving a message on MIOSHA's answering machine,

faxing the bureau office, or sending an e-mail? No. If the MIOSHA office is closed, you

must report the inpatient hospitalization, amputation, or loss of an eye using either the

toll-free central telephone number: 1-844-464-6742 or the reporting application located

on MIOSHA’s web site at www.michigan.gov/recordkeeping.

(5) What information do I need to give to MIOSHA about the fatality, inpatient

hospitalization, amputation, or loss of an eye? You must give MIOSHA all of the

following information for each fatality, inpatient hospitalization, amputation, or loss of an

eye:

(a) The establishment’s name.

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(b) The location of the work-related incident.

(c) The time of the work-related incident.

(d) The type of reportable event, fatality, inpatient hospitalization, amputation, or

loss of an eye.

(e) The number of employees who suffered a fatality, inpatient hospitalization,

amputation, or loss of an eye.

(f) The names of the employees who suffered a fatality, inpatient hospitalization,

amputation, or loss of an eye.

(g) Your contact person and his or her phone number.

(h) A brief description of the work-related incident.

(6) Am I required to report the fatality, inpatient hospitalization, amputation, or loss

of an eye if it resulted from a motor vehicle accident on a public street or highway? If the

motor vehicle accident occurred in a construction work zone, you must report the fatality,

inpatient hospitalization, amputation, or loss of an eye. If the motor vehicle accident

occurred on a public street or highway, but not in a construction work zone, you are not

required to report the fatality, inpatient hospitalization, amputation, or loss of an eye to

MIOSHA. However, the fatality, inpatient hospitalization, amputation, or loss of an eye

must be recorded on your MIOSHA injury and illness records, if you are required to keep

such records.

(7) Am I required to report the fatality, inpatient hospitalization, amputation, or loss

of an eye if it occurred on a commercial or public transportation system? No. You are not

required to report the fatality, inpatient hospitalization, amputation, or loss of an eye to

MIOSHA if it occurred on a commercial or public transportation system, such as an

airplane, a train, subway, or bus. However, the fatality, inpatient hospitalization,

amputation, or loss of an eye must be recorded on your MIOSHA injury and illness

records, if you are required to keep these records.

(8) Am I required to report a work-related fatality or inpatient hospitalization caused

by a heart attack? Yes. The MIOSHA director will decide whether to investigate the

incident, depending on the circumstances of the heart attack.

(9) What if the fatality, inpatient hospitalization, amputation, or loss of an eye does

not occur during or immediately following the work-related incident? You must report a

fatality to MIOSHA only if the fatality occurs within 30 days of the work-related

incident. For an inpatient hospitalization, amputation, or loss of an eye, you must report

the event to MIOSHA only if it occurs within 24 hours of the work-related incident.

However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be

recorded on your MIOSHA injury and illness records, if you are required to keep these

records.

(10) What if I don't learn about a reportable fatality, inpatient hospitalization,

amputation, or loss of an eye immediately? If you do not learn about a reportable fatality,

inpatient hospitalization, amputation, or loss of an eye at the time it occurred, you must

make the report to MIOSHA within the following time period after the fatality, inpatient

hospitalization, amputation, or loss of an eye is reported to you or to any of your agents:

8 hours for a fatality, and 24 hours for an inpatient hospitalization, an amputation, or a

loss of an eye.

(11) What if I don’t immediately learn that the reportable fatality, inpatient

hospitalization, amputation, or loss of an eye was the result of a work-related incident? If

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you do not immediately learn that the reportable fatality, inpatient hospitalization,

amputation, or loss of an eye was the result of a work-related incident, you must make the

report to MIOSHA within the following time period after you or any of your agents learn

that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the

result of a work-related incident: 8 hours for a fatality, and 24 hours for an inpatient

hospitalization, an amputation, or a loss of an eye.

(12) What is the definition of ‘‘inpatient hospitalization’’? “Inpatient

hospitalization” means a formal admission to the inpatient service of a hospital or clinic

for care or treatment.

(13) Am I required to report an inpatient hospitalization that involves only

observation or diagnostic testing? No. You are not required to report an inpatient

hospitalization that involves only observation or diagnostic testing. You must report to

MIOSHA each inpatient hospitalization that involves care or treatment.

(14) What is the definition of ‘‘amputation’’? “Amputation” means the traumatic

loss of a limb or other external body part. Amputation includes all of the following:

(a) A part, such as a limb or appendage, that has been severed, cut off, amputated,

either completely or partially.

(b) Fingertip amputations with or without bone loss.

(c) Medical amputations resulting from irreparable damage.

(d) Amputations of body parts that have since been reattached. Amputations do not

include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped

teeth.

History: 2001 AACS; 2015 AACS; 2016 AACS.

R 408.22140 Providing records to government representatives.

Rule 1140. (1) Basic requirement. When an authorized government representative

asks for the records you keep under these rules, you must provide copies of the records

within 4 business hours.

(2) All of the following apply to implementation of subrule (1) of this rule:

(a) What government representatives have the right to get copies of my records as

required by these rules? The government representatives authorized to receive the records

are any of the following:

(i) A representative of the secretary of labor conducting an inspection or

investigation under the act.

(ii) A representative of the secretary of health and human services, including the

National Institute for Occupational Safety and Health--NIOSH conducting an

investigation under section 20(b) of the occupational safety and health act of 1970, 29

U.S.C. 669.

(iii) A representative of MIOSHA responsible for administering a state plan

approved under section 18 of the occupational safety and health act of 1970, 29 U.S.C.

667.

(b) Am I required to produce the records within 4 hours if my records are kept at a

location in a different time zone? MIOSHA will consider your response to be timely if

you give the records to the government representative within 4 business hours of the

request. If you maintain the records at a location in a different time zone, you may use the

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business hours of the establishment at which the records are located when calculating the

deadline.

History: 2001 AACS; 2016 AACS.

ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO

OSHA

R 408.22141 Basic requirement.

Rule 1141. (1) Annual electronic submission of MIOSHA or OSHA Form 300A

“Summary of Work-Related Injuries and Illnesses” requires all of the following:

(a) If your establishment had 20-249 employees at any time during the previous

calendar year, and your establishment is classified in an industry listed in Appendix B of

this part, you must electronically submit information from MIOSHA or OSHA Form

300A “Summary of Work-Related Injuries and Illnesses” to OSHA or OSHA's designee.

You must submit the information once a year, no later than the date listed in R

408.22141b of the year after the calendar year covered by the form.

(b) If your establishment had 250 or more employees at any time during the

previous calendar year, and this part requires your establishment to keep records, then

you must electronically submit information from MIOSHA or OSHA Form 300A

“Summary of Work-Related Injuries and Illnesses” to OSHA or OSHA’s designee. You

must submit the information once a year, no later than the date listed in R 408.22141b of

the year after the calendar year covered by the form.

(2) Annual electronic submission of information from MIOSHA or OSHA Form 300

“Log of Work Related Injuries and Illnesses” and from MIOSHA or OSHA Form 301

“Injury and Illness Incident Report” by establishments with 100 or more employees in

designated industries requires all of the following:

(a) If your establishment had 100 or more employees at any time during the

previous calendar year, and your establishment is classified in an industry listed in

Appendix C of this part, then you must electronically submit information from MIOSHA

or OSHA Forms 300 and 301 to OSHA or OSHA’s designee.

(b) You must submit the information once a year, no later than the date listed in R

408.22141b of the year after the calendar year covered by the form.

(3) Electronic submission of the Part 11 records upon notification. Upon

notification, you must electronically submit the requested information from your Part 11

records to OSHA or OSHA’s designee.

(4) Electronic submission of the Employer Identification Number (EIN). For each

establishment that is subject to these reporting requirements, you must provide the EIN

used by the establishment.

History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2002 AACS; 2016 AACS; 2019 AACS; 2024

MR 3, Eff. February 13, 2024.

R 408.22141a Implementation.

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Rule 1141a. (1) Does every employer have to routinely make an annual electronic

submission of information from Part 11 injury and illness recordkeeping forms to OSHA?

No, only 3 categories of employers must routinely submit information from these forms.

The first category is establishments that had 20–249 employees at any time during the

previous calendar year and are classified in an industry listed in Appendix B of this part.

Establishments in this category must submit the required information from Form 300A to

OSHA once a year. The second category is establishments that had 250 or more

employees at any time during the previous calendar year, and are required by Part 11 to

keep records. Establishments in this category must submit the required information from

Form 300A to OSHA once a year. The third category is establishments that had 100 or

more employees at any time during the previous calendar year and are classified in an

industry in Appendix C of this part. Establishments in this category must also submit the

required information from Forms 300 and 301 to OSHA once a year, in addition to the

required information from Form 300A.

Employers in these 3 categories must submit the required information by the date

listed in R 408.22141b of the year after the calendar year covered by the form or forms,

for example, 2024 for the 2023 forms. If your establishment is not in any of these 3

categories, then you must submit the information to OSHA only if MIOSHA or OSHA

notifies you to do so for an individual data collection.

(2) Do part-time, seasonal, or temporary workers count as employees in the criteria

for number of employees in R 408.22141? Yes, each individual employed in the

establishment at any time during the calendar year counts as 1 employee, including full-

time, part-time, seasonal, and temporary workers.

(3) How will MIOSHA or OSHA notify me that I must submit information as part of

an individual data collection under R 408.22141(3)? MIOSHA or OSHA will notify you

by mail if you have to submit information as part of an individual data collection under R

408.22141(3). MIOSHA or OSHA will also announce individual data collections

through publication in the Federal Register, the OSHA newsletter, announcements on the

OSHA website or other means. If you are an employer who must routinely submit the

information, then OSHA will not notify you about your routine submittal.

(4) When do I have to submit the information? If you are required to submit

information under R 408.22141(1) or (2), then you must submit the information once a

year, by the date listed in R 408.22141b of the year after the calendar year covered by the

form (for example, 2019 for the 2018 form). If you are submitting information because

MIOSHA or OSHA notified you to submit information as part of an individual data

collection under R 408.22141(3), then you must submit the information as specified in

the notification.

(5) How do I submit the information? You must submit the information

electronically. OSHA will provide a secure website for the electronic submission of

information. For individual data collections under R 408.22141(3), OSHA will include

the website’s location in the notification for the data collection.

(6) Am I required to submit information if my establishment is partially exempt

from keeping OSHA injury and illness records? If you are partially exempt from keeping

injury and illness records under R 408.22103, then you are not required to routinely

submit information under R 408.22141(1) or (2). You will have to submit information

under R 408.22141(3) if OSHA informs you in writing that it will collect injury and

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illness information from you. If you receive such a notification, then you must keep the

injury and illness records required by this standard and submit information as directed.

(7) Am I required to submit information if I am located in a State Plan State? Yes,

the requirements apply to employers located in State Plan States.

(8) May an enterprise or corporate office electronically submit information for its

establishment or establishments? Yes, if your enterprise or corporate office had

ownership of or control over 1 or more establishments required to submit information

under R 408.22141, then the enterprise or corporate office may collect and electronically

submit the information for the establishment or establishments.

(9) If I have to submit information under R 408.22141, do I have to submit all of the

information from the recordkeeping forms? No, you are required to submit all of the

information from the forms except the following:

(a) Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name

(column B).

(b) Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1),

employee address (field 2), name of physician or other healthcare professional (field 6),

facility name and address if treatment was given away from the worksite (field 7).

(10) My company uses numbers or codes to identify our establishments. May I use

numbers or codes as the establishment name in my submission? Yes, you may use

numbers or codes as the establishment name. However, the submission must include a

legal company name, either as part of the establishment name or separately as the

company name.

History: 2016 AACS; 2019 AACS; 2024 MR 3, Eff. February 13, 2024.

R 408.22141b Reporting dates.

Rule 1141b. Establishments that are required to submit under R 408.22141 will

have to submit all of the required information by March 2 of the year after the calendar

year covered by the form or forms.

History: 2016 AACS; 2024 MR 3, Eff. February 13, 2024.

R 408.22142 Requests from the bureau of labor statistics for data.

Rule 1142. (1) Basic requirement. If you receive a survey of occupational

injuries and illnesses form from the bureau of labor statistics (BLS), or a BLS designee,

you must promptly complete the form and return it following the instructions contained

on the survey form.

(2) Implementation.

(a) Does every employer have to send data to the BLS? No, each year, the BLS

sends injury and illness survey forms to randomly selected employers and uses

the information to create the nation's occupational injury and illness statistics. In

any year, some employers will receive a BLS survey form and others will not. You do

not have to send injury and illness data to the BLS unless you receive a survey form.

(b) If I get a survey form from the BLS, what do I have to do? If you receive a

survey of occupational injuries and illnesses form from the bureau of labor statistics

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(BLS), or a BLS designee, you must promptly complete the form and return it,

following the instructions contained on the survey form.

(c) Do I have to respond to a BLS survey form if I am normally exempt from

keeping MIOSHA injury and illness records? Yes, even if you are exempt from keeping

injury and illness records under R 408.22103, the BLS may inform you in writing that it

will be collecting injury and illness information from you in the coming year. If you

receive such a letter, you must keep the injury and illness records required by R

408.22110 to R 408.22119 and make a survey report for the year covered by the

survey.

(d) Do I have to answer the BLS survey form if I am located in a state-plan

state? Yes, all employers who receive a survey form must respond to the survey,

even those in Michigan, a state-plan state.

History: 1979 AC; 2001 AACS.

R 408.22143 Rescinded.

History: 2001 AACS; 2016 AACS.

R 408.22144 Rescinded.

History: 2001 AACS; 2016 AACS.

R 408.22151 Public employer petition for alternate record maintenance.

Rule 1151. A public employer who wishes to maintain records in a manner

different from that required by this part shall submit a petition containing the

information prescribed in R 408.22153 to the Department of Labor and Economic

Opportunity, MIOSHA, Box 30643, Lansing, Michigan 48909.

History: 2001 AACS; 2015 AACS; 2016 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

R 408.22152 Opportunity for comment.

Rule 1152. Affected employees or their representatives shall

have an

opportunity to submit written data, views, or arguments concerning the petition to

the director within 10 working days following the receipt of notice prescribed in R

408.22153(e).

History: 2001 AACS.

R 408.22153 Contents of petitions.

Rule 1153. A petition filed by a public employer shall include all

following:

of the

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(a) The name and address of the applicant.

(b) The address of the place or places of employment involved.

(c) Specifications of the reasons for seeking relief.

(d) A description of the different record keeping procedures that are proposed

by the applicant.

(e) A statement that the applicant has informed his or her affected

employees of the petition by giving a copy of the petition to them, or to their

authorized representative, and by posting a statement giving a summary of the

petition. A statement posted pursuant to this subdivision shall be posted in each

establishment in the same manner that notices are required to be posted under section

67(1) of the act, that is, in a central and conspicuous location or for normal

observation by employees. The applicant shall state that he or she has informed his or

her affected employees of their rights as prescribed in R 408.22152.

History: 2001 AACS.

R 408.22154 Additional notices and conferences.

Rule 1154. (1) In addition to the actual notice provided for in R 408.22153(e),

the director may provide or cause to be provided such additional notice of the

petition as he or she deems appropriate.

(2) The director may afford an opportunity to interested parties for an informal

conference or hearing concerning the petition.

History: 2001 AACS.

R 408.22155 Action.

Rule 1155 After review of the petition and of comments submitted in regard to the

petition, and upon completion of any necessary appropriate investigation

concerning the petition, if the director finds that the alternative procedure proposed

will not hamper or interfere with the purposes of the act and will provide equivalent

information, he or she may grant the petition subject to any conditions as he or she may

determine appropriate, and subject to revocation for cause.

History: 2001 AACS.

R 408.22156 Notice of exception; publication.

Rule 1156. Notice that an exception has been granted as prescribed by this

part must be published in the MIOSHA News, a quarterly publication of the

department of labor and economic opportunity. This notice may summarize

the alternative to the rules involved which the particular exception permits.

History: 2001 AACS; 2015 AACS; 2021 MR 17, Eff. Sept. 16, 2021.

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R 408.22157 Revocation.

Rule 1157. The director may revoke an exception granted under this part for failure

to comply with the conditions of the exception. An opportunity for informal hearing or

conference shall be afforded to the employers and affected employees or their

representatives. Except in cases of willful noncompliance or where employee safety or

health requires otherwise, before the commencement of an informal proceeding, the

employer shall be notified in writing of the facts or conduct that may warrant the action

and be given an opportunity to demonstrate or achieve compliance.

APPENDIX B

DESIGNATED INDUSTRIES FOR R 408.22141 ‘BASIC REQUIREMENT’

MANDATORY

Annual Electronic Submission of MIOSHA/OSHA Form 300A “Summary of

Work-Related Injuries and Illnesses” by Establishments With 20 or More Employees but

Fewer Than 250 Employees in Designated Industries:

NAICS Industry

11

Agriculture, forestry, fishing and hunting

Utilities

22

23

Construction

31-33

42

Manufacturing

Wholesale trade

4413

4421

4422

4441

4442

4451

4452

4521

4529

4533

4542

4543

4811

4841

4842

4851

Automotive parts, accessories, and tire stores

Furniture stores

Home furnishings stores

Building material and supplies dealers

Lawn and garden equipment and supplies stores

Grocery stores

Specialty food stores

Department stores

Other general merchandise stores

Used merchandise stores

Vending machine operators

Direct selling establishments

Scheduled air transportation

General freight trucking

Specialized freight trucking

Urban transit systems

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NAICS Industry

4852

4853

4854

4855

4859

4871

4881

4882

4883

4884

4889

4911

4921

4922

4931

5152

5311

5321

5322

5323

5617

5621

5622

5629

6219

6221

6222

6223

6231

Interurban and rural bus transportation

Taxi and limousine service

School and employee bus transportation

Charter bus industry

Other transit and ground passenger transportation

Scenic and sightseeing transportation, land

Support activities for air transportation

Support activities for rail transportation

Support activities for water transportation

Support activities for road transportation

Other support activities for transportation

Postal service

Couriers and express delivery services

Local messengers and local delivery

Warehousing and storage

Cable and other subscription programming

Lessors of real estate

Automotive equipment rental and leasing

Consumer goods rental

General rental centers

Services to buildings and dwellings

Waste collection

Waste treatment and disposal

Remediation and other waste management services

Other ambulatory health care services

General medical and surgical hospitals

Psychiatric and substance abuse hospitals

Specialty (except psychiatric and substance abuse) hospitals

Nursing care facilities

Residential mental retardation, mental health and substance abuse

facilities

6232

6233

6239

6242

Community care facilities for the elderly

Other residential care facilities

Community food and housing, and emergency and other relief

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NAICS Industry

services

6243

7111

7112

7121

7131

7132

7211

7212

7213

7223

Vocational rehabilitation services

Performing arts companies

Spectator sports

Museums, historical sites, and similar institutions

Amusement parks and arcades

Gambling industries

Traveler accommodation

RV (recreational vehicle) parks and recreational camps

Rooming and boarding houses

Special food services

Commercial and industrial machinery and equipment (except

automotive and electronic) repair and maintenance

8113

8123

Dry-cleaning and laundry services

History: 2001 AACS; 2016 AACS.

R 408.22158 Compliance after submission of petition.

Rule 1158. The submission of a petition, or a delay by the director in acting

upon a petition, shall not relieve an employer from any obligation to comply with this

part. The director shall give notice of the denial of a petition within a reasonable time.

History: 2001 AACS.

R 408.22161 Rescinded.

History: 2001 AACS; 2015 AACS.

R 408.22162 Rescinded.

History: 2001 AACS; 2015 AACS.

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